West Virginia Attorney General Darrell McGraw announced Monday that his office has filed a lawsuit against a Florida-based collection agency over what it claims are “unlawful, coercive debt collection practices.”

McGraw’s announcement said that Tampa, Fla.-based Charles Howell & Associates overstepped fair debt collection practices in attempting to collect cell phone debt by suggesting consumers would be arrested if they did not pay. The attorney general said that Howell also threatened to sue consumers that did not pay, a violation of debt collection laws since the firm did not employ attorneys.

The lawsuit seeks a preliminary injunction barring Howell from conducting any debt collection activity in West Virginia until the case can be resolved. Although McGraw’s office did not ask for specific fines or damages, the statement said that lawsuit “asks that the Court eventually order restitution, debt cancellation, and civil penalties.”

McGraw’s office noted that Howell was not cooperative in an investigation.

The attorney general’s office also said that the firm was not licensed to collect debt in West Virginia for at least some of the time it did business in the state.


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