FAYETTEVILLE — AT&T customers have filed a class-action lawsuit against a debt collector, citing an alleged violation of the West Virginia Consumer Credit and Protection Act.
Leslie Tweedie and Christina Waugh filed a complaint on behalf of all others similarly situated in Fayette Circuit Court against U.S. Asset Management Inc. (USAM) alleging that it failed to give them and the class the notice of time-barred debt required by of West Virginia Code §46A-2-128(f).
According to the complaint, the plaintiffs allege that Tweedie and Waugh received collection letters on Nov. 26, 2014, and Jan. 30, 2015, respectively. When those letters were sent to the plaintiffs, their debts to AT&T Mobility were beyond the statute limitations for filing a legal action for collection, and the letters did not include the time-barred debt disclosures required by West Virginia Code §46A-2-128(f). The plaintiffs hold U.S. Asset Management Inc. responsible because its alleged attempt to collect a time-barred debt was a prohibited unfair or unconscionable means to collect or attempt to collect a claim in contravention of West Virginia Code §46A-2-128.
The plaintiffs seek that the court enjoin USAM from attempting to collect time-barred debts in West Virginia without compliance with the West Virginia Code 46A-2-128(f); an award of a statutory penalty, adjusted for inflation; USAM to account for all time-barred debt collected from the class and reimburse each member with interest; and attorneys' fees and costs. They are represented by Steven R. Broadwater Jr and Roberto Y. Dumapit of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville.
Fayette Circuit Court Case number 18C199
