Class Action Claims Roundpoint Charged West Virginia Mortgage Borrowers Unlawful Fees

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A proposed class action claims Roundpoint Mortgage Servicing Corporation has charged West Virginia consumers unlawful fees not permitted through their loan agreements.

According to the case, the collection of or threat to collect such fees, which include costs for property inspection, late charges and “ORCC” and other miscellaneous fees, is unlawful under the West Virginia Consumer Credit and Protection Act. Per the complaint, the law prohibits any representation that a consumer’s obligation may be increased by certain fees that may not be legally added and the collection of or threat to collect fees that are not expressly authorized by the agreement creating the obligation or by statute.

The lawsuit claims Roundpoint, a mortgage loan servicer, has further harmed consumers by calling them excessively or at unusual or inconvenient times “with intent to annoy, abuse, oppress or threaten” the individuals.

“Defendant’s conduct is of a kind which has the natural consequence of causing harassment, oppression, abuse, aggravation, annoyance, and inconvenience of which the Defendant knew or reasonably should have known would be the natural consequences of said conduct,” the complaint alleges.

The plaintiff is a West Virginia resident whose mortgage loan began to be serviced by Roundpoint in August 2014. Per the case, Roundpoint has assessed, collected and threatened to collect certain fees, including property inspection fees, late charges, “ORCC” fees and other miscellaneous fees, from the plaintiff that are not permitted by the woman’s loan agreement or by statute. The lawsuit argues that the collection of such fees and the representation that they are due are unlawful under West Virginia law.

The plaintiff claims to have been called by Roundpoint more than 30 times per week, and engaged in telephone conversations with the company more than 10 times per week. The lawsuit alleges the plaintiff has moreover been called at unusual times or times “known to be inconvenient.” Per the case, it was the defendant’s intent to “annoy, abuse, oppress or threaten” the plaintiff.

The lawsuit, which was initially filed in Harrison County, West Virginia Circuit Court before being removed to the state’s Northern District Court on September 2, looks to represent anyone with a West Virginia address who, within the applicable statute of limitations, had or has their loans serviced by Roundpoint and was assessed property inspection fees, late charges, “ORCC” fees or miscellaneous fees.

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