Lawsuit of the Day: Capital One Sues Cardholder for $286 Million and Fails to Appear
Credit card debt collection actions are a dime a dozen. But it's not often that Jane Q. Consumer is accused of failing to pay a bank for running up charges to the tune of close to $300 million.
Courthouse News Service has linked to a complaint filed Wednesday in a Pennsylvania state court, accusing Capital One of harassing Patrice Perry in an attempt to collect on unpaid credit card bills. Allegedly, Capital One didn't like that Patrice responded to their initial collection letters by hiring an attorney. At that point, the bank was seeking something in the neighborhood of $4,000.
Not only did Capital One ignore the demand, under Pennsylvania's version of the FDCPA, that all future communications be with Perry's lawyer, continuing to make phone calls to her home, her office, and even some of her friends and relatives, but it kept arbitrarily changing the alleged amount due. Finally, Perry received a letter demanding payment of $286,651,237.00.
Capital One then allegedly filed suit against Perry but failed to appear for a scheduled court hearing. So Perry sued 'em right back. She contends that this couldn't be a mere computer error, since "no computer program at Capital One could have possibly contained an algorithm allowing for a 9 digit debt to be printed on a letter seeking payment without human intervention."
The icing on the cake is contained in Perry's prayer for relief, which demands, among other things, "Damages equal to amounts sought by Defendant from Plaintiff." If Capital One has to pony up $286 million, there may be some angry Vikings roaming the streets of your neighborhood. And, no, I'm not talking about this kind of angry Viking.
Posted by Eric Lipman on December 10, 2010 at 01:25 PM | Permalink
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