WHEELING — An Ohio County man filed two lawsuits against different companies, alleging they violated the West Virginia Consumer Credit and Protection Act and the Telephone Consumer Protection Act.
Joseph L. Tysk filed the lawsuits against ProCollect and Enhanced Recovery Company in Ohio Circuit Court on Sept. 11. The cases were removed Oct. 17 to U.S. District Court for the Northern District of West Virginia at Wheeling.
In the ProCollect complaint, Tysk claims he obtained counsel in 2015 to represent him in a matter involving consumer indebtedness and had his attorney sent information to ProCollect, informing the agency to cease and desist all phone calls to Tysk and direct correspondence to counsel, according to the suit.
Despite this request, ProCollect continued to call Tysk multiple times, even after several more requests by counsel to stop calling Tysk and direct phone calls to counsel according to the suit
Tysk claims ProCollects actions violated the WVCCPA and the TCPA and caused him to be annoyed, inconvenienced, harassed, bothered, upset, angered harangued and otherwise was caused indignation and distress.
The plaintiff claims ProCollect's actions were an invasion of privacy.
In the Enhanced Recovery Company complaint, Tysk claims he also obtained counsel to represent him in alleged indebtedness and that despite having counsel, Enhanced Recovery continued to call and harass him.
The defendant knew or should have known that any authorization that the defendant had to place calls to Tysk was revoked when it was advised of his counsel's contact information, according to that suit
The defendants argue in their notices of removal that the complaints should be removed to federal court because of the TCPA allegations, which should be in federal court.
Tysk is seeking compensatory and punitive damages in both cases. He is represented by Thomas E. McIntire of Thomas E. McIntire & Associates in Wheeling.
ProCollect is represented by Nicholas P. Mooney II and Tai Shadrick Kluemper of Spilman Thomas & Battle.
Enhanced Recovery is represented by J. Mark Adkins of Bowles Rice in Charleston.
U.S. District Court for the Northern District of West Virginia Case numbers: 5:19-cv-00294, 5:19-cv-00295