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WEST VIRGINIA RECORD

Tuesday, September 17, 2024

Woman says debt collector continue to contact her despite legal representation

State Court
Wells fargo atms ny

CHARLESTON – A Kanawha County woman says a debt collector continued to contact her after she told them she had legal representation.

Bethany Spelock filed her complaint August 23 in Kanawha Circuit Court against Wells Fargo Bank, National Association.

According to the complaint, Wells Fargo used an “illegal campaign of telephone calls to the plaintiff in an attempt to collect the alleged debt.”


Cary | Courtesy photo

In the complaint, attorney Michael Cary says Wells Fargo was given the opportunity through pre-suit notice, “to do the right thing and cure its illegal conduct” but instead “attempted to contact Ms. Spelock after knowing she was being legally represented by counsel and chose not to cure its wrongful conduct.”

Spelock says Wells Fargo’s actions caused harassment, oppression, abuse, aggravation, annoyance and inconvenience. She also says the defendant upset her, harangued her as well as caused indignation and distress.

She accuses the bank of violating her rights under the West Virginia Consumer Credit and Protection Act as well as negligence and common law invasion of privacy.

Spelock seeks $500,000 in compensatory damages, punitive damages, general damages, statutory damages, interest, court costs, attorney fees and other relief.

She is being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.

Kanawha Circuit Court case number 24-C-915

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