West Virginia Record

Monday, October 21, 2019

Woman sues debt collector for invasion of privacy


By Philip Gonzales | Feb 25, 2019

SUMMERSVILLE — A consumer is suing Cedar Hill National Bank d/b/a Cato Credit Card, a debt collector, citing alleged intentional infliction of emotional distress and invasion of privacy.

Rita J. Kincaid filed a complaint against Cedar Hill National Bank d/b/a Cato Credit Card in Nicholas Circuit Court, alleging that the debt collector violated the West Virginia Consumer Credit and Protection Act. According to the lawsuit, the plaintiff alleges that as a result of the defendant's actions, she has been annoyed, inconvenienced, harassed, angered and was otherwise caused indignation and distress.

Kincaid holds Cedar Hill National Bank d/b/a Cato Credit Card responsible because despite her request to stop calling her, the defendant allegedly repeatedly and continuously called her at an unusual times and at times known to be inconvenient. The plaintiff requests a trial by jury and seeks all damages, litigation costs, fees and expenses and all other relief that the court deems proper. 

Kincaid is represented by Steven R. Broadwater Jr. and Ruperto Y. Dumapit of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville.

Nicholas Circuit Court Case number 19-C-1

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Hamilton, Burgess, Young & Pollard, PLLC Nicholas Circuit Court

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