WINFIELD — A Putnam woman is suing Credit One Bank for alleged violations of the West Virginia Consumer Credit and Protection Act.
Pamela S. Brown claims after she became in arrears upon an alleged indebtedness to the defendant, the defendant began to engage in collection of the indebtedness, according to a complaint filed in Putnam Circuit Court.
Brown claims the defendant began to call her and send her letters regarding the alleged debt.
"Thereafter, the Plaintiff sent written notification to the Defendant that she was represented by counsel," the complaint states.
Brown claims she sent to notification by certified mail with a requested return receipt.
The defendant signed for the notice of attorney representation and was aware of the plaintiff's counsel's phone number and address, but the defendant continued to contact the plaintiff regardless of its knowledge of the retention of counsel, according to the suit.
"Upon information and belief, the defendant maintains records of each call placed to the plaintiff by date, time called, duration of call, the identity of the defendant's employee and notes or codes placed upon sich record by the Defendant's employee," the complaint states.
Brown claims the records will reflect that the defendant placed calls to the plaintiff after it received written notification that she was represented by an attorney and was provided with the attorney's contact information.
The defendant's actions violated the West Virginia Consumer Credit and Protection Act and the West Virginia Computer Crimes and Abuse Act, according to the suit.
The defendant, with the intent to harass, used an "electronic communication device" as defined by West Virginia code, to make contact with the plaintiff after she had requested the defendant stop contacting her and contact her employee, according to the suit.
Brown claims the defendant was negligent.
Brown is seeking compensatory and punitive damages. She is represented by Megan A. Patrick and Benjamin Sheridan of Klein & Sheridan in Hurricane.
Putnam Circuit Court case number: 23-C-85
