WAYNE — A man is suing Ally Financial alleging it violated the West Virginia Consumer Credit and Protection Act.
Michael Phelps bought a 2017 Ford Fusion from River City Ford in Lavalette for his daughter and signed a retail installment sales contract on June 11, 2017, according to a complaint filed in Wayne Circuit Court.
In 2019 the defendant's collections informed Phelps he owed more than $1,000 and sought for him to pay the balance in full, but he explained he could not due to his disability and limited monthly income. However, the defendant insisted he pay through a certified check and he took on additional personal expenses and time to do as requested and sent a certified check.
The following month, Phelps used the phone payment system to submit a payment and had to pay $4 extra to pay by phone. He claimed the $4 fee was not authorized by his contract and violated the CCPA.
Phelps is seeking compensatory damages. He is represented by Patricia M. Kipnis of Bailey & Glasser; and Kristina Thomas Whiteaker of The Grubb Law Group.
Wayne Circuit Court case number: 21-C-41
