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​In a recent decision, the West Virginia Supreme Court has affirmed a trial court's grant of summary judgment in favor of a consumer who was threatened with criminal action for failing to pay a debt. See Cash N Go, Inc. v. Spruce , 2018 W.Va. LEXIS 351 (W.Va., May 11, 2018) . Under the facts of this case, Shana Spruce (a West Virginia resident) cashed a personal check in the amount of $605.00 at Cash N Go in Hagerstown, Maryland. After the check was returned for insufficient funds, Cash N Go sent a letter to Spruce advising her of the returned check and demanding payment which included a $35.00 returned check fee. Two months later, Spruce filed a Chapter ...
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​ On April 11, 2018, the West Virginia Supreme Court handed down a decision favorable to homeowners associations who wish to collect late fees, interest, and reasonable attorney’s fees on delinquent assessments. See Conkey v. Sleepy Creek Forest Owners Ass’n, 2018 W.Va. Lexis 284 (W.Va., April 11, 2018) . In Conkey , a homeowners association filed a lawsuit against a property owner in an attempt to collect past due assessments against the property owner, as well as late fees, interest, and reasonable attorney’s fees on that delinquency. In response to the Complaint, the property owner filed a counter-claim against the homeowners association alleging that ...
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​ In a recent decision, the United States District Court for the Southern District of West Virginia examined the evidence necessary to support claims of intentional infliction of emotional distress, invasion of privacy and unlawful debt collection practices under the WVCCPA. See O’Dell v. USAA Fed. Sav. Bank, 2018 U.S. Dist. LEXIS 57980 (D.C.W.Va., April 5, 2018) . In O’Dell , the plaintiff fell behind in payments on a credit card issued by USAA. As a result, USAA began debt collection efforts on the account by sending letters and placing phone calls to the plaintiff’s home, cell, and work numbers. The plaintiff retained a lawyer to assist him with regard ...
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​Ever since the West Virginia State Legislature began amending the unlawful debt collection provisions of the WVCCPA in 2015 making it more difficult for litigants to abuse the consumer protection laws, the consumer plaintiff’s bar has been scrambling to seize upon a class action theory for the next generation of consumer claims in West Virginia. In a recent decision, the United States District Court for the Southern District of West Virginia struck down yet another class action theory. See Garretson v. Sentry Credit, Inc., 2018 U.S.Dist. LEXIS 56425 (D.C. W.Va., April 4, 2018) . Under the facts of Garretson , the class representative plaintiff received two ...
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