A West Virginia woman's estate that allegedly was harassed by a collection agency has filed a lawsuit in the West Virginia Circuit Court of Mercer County.
Patricia Johnson, individually and in her role as executor of the estate of Kathleen Jackson, filed the suit against collection agency Phillips & Cohen Associates and West Virginia Radiation Therapy Services Inc., citing alleged violations of the West Virginia Consumer Credit and Protection Act, the West Virginia Computer Crime and Abuse Act and the Telephone Harassment Statute. The suit also cites intentional infliction of emotional distress and invasion of privacy.
West Virginia Radiation Therapy Services, through Phillips & Cohen, notified Johnson of an outstanding claim against the estate on July 16, according to the complaint. Johnson said she paid the claim out of the estate with a check for $1,438.67 on July 20.
Following payment, she alleges Phillips & Cohen continued to attempt to collect a debt from the plaintiff on behalf of West Virginia Radiation Therapy Services. Johnson says that Phillips & Cohen sent her 16 copies of the same letter on Aug. 6 and 16 more copies on Sept. 6, each seeking to collect a debt from Johnson.
Johnson is asking for damages for "annoyance, aggravation, distress, bother and anxiety" as result of the West Virginia code violations. She also is seeking statutory damages in the maximum amount for the violations, compensatory damages, punitive damages and litigation costs.
She is represented in the case by attorneys Ralph C. Young, Christopher B. Frost, Steven R. Broadwater, Jr. and Jed Nolan of Hamilton, Burgess, Young & Pollard PLLC. Phillips & Cohen officials were not immediately available for comment.