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.