WV Consumer Claims Branch Banking and Trust Co. Improperly Sought Attorneys’ Fees

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A proposed class action filed in circuit court in West Virginia in December and transferred to district court this month challenges defendant Branch Banking and Trust Company’s alleged demands for payment of attorneys’ fees from those from whom it attempts to collect debts. According to the lawsuit, the collection of or threat to collect such fees is prohibited under West Virginia law.

At the center of the suit is a final demand notice the plaintiff received from the defendant in which it stated, in part:

“If you pay your entire outstanding balance within 10 days from the receipt of this notice, you will not be liable for collection costs and attorney’s fees.”

The plaintiff argues the bank’s assertion that its cardholder agreement provides that the woman will be liable for attorneys’ fees is fraudulent and inconsistent with the actual language in the contract.