Bailey & Wyant, PLLC Of Counsel Albert C. Dunn, Jr. defended a lawsuit brought by a Plaintiff who purchased a car from a Beckley Dealership and financed that car through Ally Financial. The Plaintiff defaulted on the auto loan and Ally assigned the account to F5 Investigations to repossess the car. Plaintiff sued both Ally and F5 after F5 attempted to repossess the car which was refused because Plaintiff had counsel.
Plaintiff's counsel contended that F5 engaged in improper debt collection activities in association with the attempted repossession of the car and that both Ally and F5 were liable for damages under the WV Consumer Credit Protection Act. Mr. Dunn filed a Motion for Summary Judgement as to these alleged debt collection claims contending that F5 was not a debt collector and that its attempt to repossess a car that was collateral for a secured auto loan was not debt collection. The Court applied the definitions of the applicable terms under the CCPA and agreed; dismissing the claims against both Ally and F5.