October 22nd, 2013
Respondent filed this civil action alleging petitioner violated the West Virginia Consumer Credit and Protection Act (WVCCPA) by using wrongful debt collection practices. Petitioner moved to dismiss the proceeding and to compel arbitration pursuant to the consumer contract. The court held the arbitration clause was unenforceable. Following a bench trial, the court found that petitioner violated the WVCCPA and the 48 violations justified the maximum penalty. The court concluded that damages, even before statutory attorney fees, would exceed the stipulated cap of $75,000 in this matter, so it awarded judgment in the amount of $75,000.
