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BARR v. NCB MANAGEMENT SERVICES, INC.

No. 35709.

711 S.E.2d 577 (2011)

Linda BARR, Plaintiff v. NCB MANAGEMENT SERVICES, INC., and HSBC Bank Nevada, N.A., Defendants.

Supreme Court of Appeals of West Virginia.

Decided June 14, 2011.

Attorney(s) appearing for the Case

Aaron C. Amore, Kratovil & Amore, PLLC, Charles Town, WV, Anthony J. Majestro, Powell Majestro, PLLC, Charleston, WV, John W. Barrett, Jonathan R. Marshall, Bailey & Glasser LLP, Charleston, WV, for Plaintiff.

Darrell V. McGraw, Jr., Attorney General, Jill L. Miles, Deputy Attorney General, Charleston, WV, for Amicus Curiae, The West Virginia Attorney General.

Bren J. Pomponio, Charleston, WV, for Amicus Curiae, Mountain State Justice, Inc.

Bryan C. Shartle, Pro Hac Vice, Sessions, Fishman, Nathan & Israel, L.L.C., Metairie, LA, Macel E. Rhodes, Zimmer Kunz, PLLC, Morgantown, WV, Sharon Z. Hall, Zimmer Kunz, PLLC, Pittsburgh, PA, Patrick J. McDermott, McDermott & Bonenberger, PLLC, Wheeling, WV, for Defendant, NCB Management Services, Inc.

Brett J. Preston, C. Benjamin Salango, Preston & Salango, P.L.L.C., L. Lee Javins, II, Bucci, Bailey & Javins, L.C., Charleston, WV, for Amici Curiae, AARP, National Association of Consumer Advocates, and National Consumer Law Center.

DAVIS, Justice:

The United States District Court for the Northern District of West Virginia presents this Court with a certified question asking whether the West Virginia Consumer Credit and Protection Act (hereinafter referred to as either "the WVCCPA" or "the Act"), W. Va.Code § 46A-1-101 et seq., provides a consumer with a private cause of action against a professional debt collector who has violated the Act. We find that the Act does provide a consumer...

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