CHARLESTON — A woman sued Capital One Services II for alleged wrongful debt collection practices, and the case eventually was dismissed.
Chelsea Starcher, of Dunbar, filed the lawsuit against Capital One alleging that the defendant violated the West Virginia Consumer Credit and Protection Act (WVCCPA), according to a complaint filed in Kanawha Circuit Court.
Starcher claims the defendant disclosed the plaintiff's alleged debt to an unknown individual when it sent a letter to the wrong residence in November 2018 and reported a late payment to credit reporting agencies regarding the alleged debt.
The defendant is liable for the acts of its employees, agents, representatives and others. The defendant's conduct caused the plaintiff undue and unreasonable harassment, oppression, abuse, aggravation, annoyance and inconvenience.
A stipulation of dismissal with prejudice was later filed in Kanawha Circuit Court.
"It is herby stipulated and agreed by and between the parties through their undersigned counsel that pursuant to Rule 41(a)(1) of the West Virginia Rules of Civil Procedure...Starcher hereby dismisses this case in its entirety as to...Capital One...with prejudice," the stipulation states.
Starcher was seeking compensatory damages. She was represented by Michael Cary of Cary Law Office in Charleston.
Capital One was represented by Lucas White of Goodwin & Goodwin in Charleston.
The case was assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 21-C-578