Chevy Chase Bank v. McCamant

[David A. Szwak]

Chevy Chase Bank v. McCamant
204 W.Va. 295, 512 S.E.2d 217
W.Va.,1998.
December 14, 1998

Credit card issuer sued credit card holder for unpaid credit card charges, and credit card holder counterclaimed, alleging violations of the Consumer Credit and Protection Act (CCPA) and the Fair Debt Collection Practices Act (FDCPA). The Circuit Court, Jefferson County, Christopher C. Wilkes, J., entered judgment of $5,115.28 for credit card issuer and of $1,000 for credit card holder, and credit card holder appealed. The Supreme Court of Appeals held that: (1) the CCPA was not preempted by federal law from regulation of debt collection practices of credit card issuer; (2) the CCPA did not prohibit Maryland attorney from mailing collection letter to credit card holder in West Virginia; (3) Maryland attorney did not falsely represent that he was an attorney, in violation of CCPA; (4) trial court was not required to make findings of fact in support of its denial of credit card holder's claim for attorney fees; and (5) trial court did not abuse its discretion in denying credit card holder's claim for attorney fees.
Affirmed.


Syllabus by the Court

1. “The Supremacy Clause of the United States Constitution, Article VI, Clause 2, invalidates state laws that interfere with or are contrary to federal law.â€