West Virginia AG lawsuit targets New York-based collection agency | VM News


CHARLESTON, Va. (WV News) – New York-based collection agency facing complaints from consumers in Mason, Nicholas, Randolph and Mingo counties should not be allowed to do business in West Virginia, says attorney general Patrick Morrisey in a court case.

The lawsuit was filed Thursday in Mingo County Circuit Court against Bayside Capital Services LLC and its owner, John Max Werth. The attorney general’s office says the company was not properly licensed and used pressure tactics that were illegal.

“Illegal debt collection activities exacerbate the stress faced by consumers,” said Attorney General Morrisey. “Our office will ensure that anyone collecting debt in West Virginia is duly authorized and operating in accordance with state law.”

Bayside has revealed that it collected payments on 12 accounts from consumers residing in Cabell, Jefferson, Kanawha, Marshall, Mason, Mingo, Nicholas, Randolph, Wayne and Wood counties, according to the lawsuit. The company did not disclose the number of people contacted without collection success.

The lawsuit further alleges that Bayside failed to notify consumers of their right to dispute debts within five days of the first debt collection contact, demanded full payment before the expiration of the 30-day period, and has demanded payment without any proof of the alleged debt.

The Attorney General’s complaint seeks civil penalties of up to $ 5,000 for each alleged violation of West Virginia’s credit and consumer protection law, a restitution and a court order prohibiting Bayside from collecting any debt. debts in West Virginia.

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