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Toler v. Claudio & Johnson

United States District Court, S.D. West Virginia, Charleston Division

November 27, 2018

SHANNA TOLER, Plaintiff,
v.
CLAUDIO & JOHNSON, ATTORNEYS AT LAW, LLC, et al., Defendants.

          MEMORANDUM OPINION AND ORDER

          JOSEPH R. GOODWIN UNITED STATES DISTRICT JUDGE

         I. Introduction

         Pending before the court is a Motion to Remand [ECF No. 6] filed by Plaintiff Shanna Toler (“Plaintiff”), individually and on behalf of all others similarly situated. For the reasons that follow, the Motion is GRANTED.

         II. Background

         On July 9, 2018, Plaintiff commenced this civil action by filing a putative class action complaint in the Circuit Court of Fayette County, West Virginia. Plaintiff's Complaint contains two counts. Count I alleges that the defendants have engaged in numerous violations of the West Virginia Consumer Credit and Protection Act (“WVCCPA”), including:

a. attempting to collect a debt by threats to take action that it did not intend to take by threatening to file a lawsuit against Plaintiff immediately upon the expiration of 30 days when it had no intention of taking the threatened action in violation of West Virginia Code §46A-2-124;
b. threatening to take any action prohibited by this chapter or other law regulating the debt collector's conduct by threatening to reduce Plaintiff's time to dispute the validity of [her] debt in violation of West Virginia Code §46A-2-124(f);
c. engaging in unreasonable or oppressive or abusive conduct towards the Plaintiff in connection with the attempt to collect a debt by sending the letter . . . to Plaintiff in violation of West Virginia Code §46A-2-125;
d. Defendants engaged in oppressive and abusive conduct in violation of West Virginia Code §46A-2-125(d);
e. the letter . . . is a fraudulent, deceptive or misleading representation or means in an attempt to collect a debt or obtain information from the Plaintiff's in violation of West Virginia Code §46A-2-127;
f. representing that Plaintiff's obligation would be increased by the addition of attorney's fees and interest when in fact these fees and charges may not legally be added to the obligation in violation of West Virginia Code §46A-2-127(g);
g. attempting to collect interest from Plaintiff without express authorization by the agreement creating the obligation and by statute in violation of West Virginia Code §46A-2-128(d);
h. using unfair and/or unconscionable means to collect a debt from Plaintiff by sending the letter . . . in violation of West Virginia Code §46A-2-128;
i. attempting to collect debt without a license, bond and without registering to do business in West Virginia is a violation of West Virginia Code ...

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