Press Releases

Bailey & Wyant Obtains Motion to Dismiss

Posted by Charles R. Bailey | Aug 21, 2018 | 0 Comments

Judge Berger dismissed Bailey & Wyant, PLLC Of Counsel Albert “Abbie” Dunn's case of first impression yesterday in a consumer debt collection case.

Originally filed as a potential class action, the issues was whether a debt collector violated both or either of the Fair Debt Collection Practice Act (FDCPA) or the WV Consumer Credit Protection Act (WVCCPA). Particularly when the debt collector sends out collection letters to consumers offering to settle the debt owed and the letter contained a statement that the settlement may result in the creditor being required under IRS law and regulations to report the forgiven debt using a 1099C form. Plaintiff's counsel contended that the inclusion of this language in the letters was both misleading and factually inaccurate. The Court disagreed and found that no violation of either statute was established. This is a case of first impression in the West Virginia 4th Circuit Court of Appeals.

About the Author

Charles R. Bailey

Managing Member 304-345-4222 [email protected] Download Vcard About Charles R. “Chuck” Bailey is the Managing Member of the Charleston office of Bailey & Wyant, PLLC. He currently serves as general counsel for the Central West Virginia Regional Airport Authority, which operates Yeager ...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Need help for Real Estate Law?

Bailey & Slotnick, providing superior legal services in Real Estate Law for clients throughout West Virginia.

Contact Us Today

Bailey & Wyant, PLLC is committed to answering your questions about business defense legal issues throughout the state of West Virginia.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Charleston Office
500 Virginia Street East, Suite 600
Charleston, WV 25301
304.345.4222
Wheeling Office
1219 Chapline Street
Wheeling, WV 26003
304.233.3100
304.233.0201 (fax)
1 more location