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Woman says Discover Bank harassed her

PRINCETON A Princeton woman is suing Discover Bank alleging that it harassed her with debt collection tactics. Laura Baldwin claims she became in arrears upon an alleged indebtedness to Discovery Bank and the defendant began to engage in collection attempts, according to a complaint filed in Mercer Circuit Court. Baldwin claims on Feb. 6, 2020, she called Discovery and informed them she could not pay the debt and to stop calling her cell phone, however, the defendant continued to call her. The defendant caused Baldwin to suffer mental and emotional pain, anguish, humiliation, embarrassment and harassment, according to the suit.  Baldwin claims the defendant violated the West Virginia Consumer Credit and Protection Act and the Telephone Consumer Protection Act. She claims after informing Discover that she could not pay the debt, the phone calls should have stopped.

W Va Consumer Law Changes Offer Help For Finance Cos | Bradley Arant Boult Cummings LLP

To embed, copy and paste the code into your website or blog: On March 29, in a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law amendments to the West Virginia Consumer Credit and Protection Act, or WVCCPA. These amendments come as part of a legislative trend in West Virginia since 2015 to provide more certainty and greater defensive rights to businesses, in light of a statute that was previously one of the most impactful state consumer protection statutes nationwide. In short, the newest amendments appear to provide clarity on certain attorney fees provisions in the WVCCPA, to better define the process for a presuit notice to cure and offer in response, and to provide new limitations on recovery of attorney fees in the instance of an offer of judgment or a written offer to settle.

Couple sues Moses Ford and Ford Motor Company for defective vehicle

CHARLESTON A couple is suing Ford Motor Company for a defective vehicle they purchased. Jeremy Brunty and Wendy Brunty filed the lawsuit against Ford Motor Company and Moses Ford after they purchased a 2019 Ford Escape on Sept. 7, 2019, that was defective, according to a complaint filed in Kanawha Circuit Court. The Bruntys claim the vehicle had material defects that the manufacturer and dealer failed and refused to repair. The defendants willful, wanton and reckless disregard for the plaintiffs rights caused the Bruntys to suffer monetary loss and damages, as well as mental distress, aggravation, annoyance, inconvenience and loss of use, according to the suit.

All Consuming - Financial Litigation Insights, Volume 2, Issue 8 | Spilman Thomas & Battle, PLLC

Three Ways the Legislature Has Redefined Consumer Litigation in West Virginia - The regular legislative session recently ended in West Virginia, and once again our Legislature has amended the West Virginia Consumer Credit and Protection Act, one of the primary statutes under which consumers sue creditors, collectors, and others. For years, the Act stood substantially in its original form since its 1974 passage. From the late 1990s through 2015, consumers filed numerous lawsuits under the Act. Its statute of limitations provision (in some instances stretching as much as 31 years) and its penalty provision (as much as $4,800 per violation) made it a favorite among consumer attorneys. Consumers traditionally have filed suit under the Act in West Virginia far more often than they ever filed suit under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, or other federal statutes.

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