Chapman v. TD Bank N.A.

CourtDistrict Court, S.D. West Virginia
DecidedMay 2, 2025
Docket3:24-cv-00536
StatusUnknown

This text of Chapman v. TD Bank N.A. (Chapman v. TD Bank N.A.) is published on Counsel Stack Legal Research, covering District Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chapman v. TD Bank N.A., (S.D.W. Va. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

HUNTINGTON DIVISION

ADAM CHAPMAN, on behalf of himself and all others similarly situated,

Plaintiff,

v. CIVIL ACTION NO. 3:24-0536

TD BANK N.A., d/b/a TD RETAIL CARD SERVICES,

Defendant.

MEMORANDUM OPINION & ORDER Pending before the Court is Defendant TD Bank, N.A.’s Motion to Dismiss with Prejudice. ECF No. 15. For the following reasons, the motion is GRANTED in part and DENIED in part. I. Background This case revolves around Plaintiff Adam Chapman’s alleged outstanding debt and the subsequent efforts at collection. Both parties agree T.D. Bank owns the debt. However, the parties disagree over the legality of T.D. Bank’s efforts to collect. Mr. Chapman and TD Bank entered into a cardholder agreement (“Agreement”).1 Agreement, ECF No. 15-1. In the Agreement, TD Bank agrees to provide Mr. Chapman a credit card account. Id. at 1. The Agreement informs Mr. Chapman that “[his] Card is issued and [his] Account is owned by TD Bank, N.A.” Id. The Agreement also provides Mr. Chapman with a phone number and address to contact TD Bank. Id. at 1–4.

1 Though Mr. Chapman did not include the Agreement in his Complaint, the Court may consider the Agreement because it is integral to the Complaint and neither party has challenged its authenticity. Goines v. Valley Cmty. Servs. Bd., 822 F.3d 159, 166 (4th Cir. 2016). In correspondence dated May 8, 2023, Mr. Chapman received information about his account (“Account Statement”).2 Account Statement, ECF No. 1-1. The correspondence is four pages in length. Id. The top of the first page has the words “Samsung Financing” and “Your Account Statement” in large font and in bold. Id. at 1. The first page also includes the balance,

minimum payment due, and a due date. Id. The top left of the fourth page, in small font, includes the statement “Your credit card is issued by TD Bank, N.A.” Id. at 4. The Account Statement also includes the same phone number3 and address that were provided in the Agreement. Id. Mr. Chapman received similar correspondence monthly. Compl. at ¶ 38, ECF No. 1. In a letter dated June 15, 2023 (“Letter”), TD Retail Card Services sent additional correspondence explicitly seeking to collect on a debt. Letter, ECF No. 1-2. The top of the Letter, in large font and boldfaced letters, reads “TD Retail Card Services.” Id. The Letter is addressed to Mr. Chapman and opens with: “We are writing today to remind you that despite several requests for payment your account still remains past due.” Id. Towards the end, the Letter explicitly states, “This is an attempt to collect a debt.” Id. This Letter also includes the same contact information

that was provided in the Agreement. Id. In Mr. Chapman’s Complaint, he alleges TD Bank violated the West Virginia Consumer Credit and Protection Act (“WVCCPA”), acted as an unlicensed debt collector in violation of the West Virginia Collection Agency Act (“WVCAA”), and is a part of an undisclosed joint venture. Mr. Chapman brings this case as a class action on behalf of himself and all others similarly situated. TD Bank motioned to dismiss these claims. The Court considers the motion below.

2 The Court treats all facts alleged by Plaintiff as true at the motion to dismiss stage. 3 In addition to including the phone number provided in the Agreement, the Account Statement also directs Mr. Chapman to at least two additional phone numbers. Id. at 1. II. Legal Standard According to Federal Rule of Civil Procedure 8(a), “[a] pleading that states a claim for relief must contain . . . a short and plain statement of the claim showing that the pleader is entitled to relief.” While detailed factual allegations are unnecessary, the complaint must include “enough

facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). To demonstrate facial plausibility, the plaintiff must plead sufficient “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal citation omitted). Federal Rule of Civil Procedure 12(b)(6) allows a defendant to motion to dismiss claims for failure to meet the above standard. When considering a Rule 12(b)(6) motion to dismiss, courts “must accept as true all of the factual allegations contained in the complaint.” Erickson v. Pardus, 551 U.S. 89, 94 (2007). Further, courts must “draw all reasonable inferences in favor of the plaintiff.” Edwards v. City of Goldsboro, 178 F.3d 231, 244 (4th Cir. 1999). However, a court “need not accept the legal conclusions drawn from the facts” or “accept as true unwarranted

inferences, unreasonable conclusions, or arguments.” Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir. 2008). In limited circumstances, courts may consider documents outside the complaint without converting a motion to dismiss into a motion for summary judgment. Goldfarb v. Mayor & City Council of Baltimore, 791 F.3d 500, 508 (4th Cir. 2015). For example, courts may consider documents “submitted by the movant that [were] not attached to or expressly incorporated in a complaint, so long as the document was integral to the complaint and there is no dispute about the document's authenticity.” Goines v. Valley Cmty. Servs. Bd., 822 F.3d 159, 166 (4th Cir. 2016) (internal citation omitted). III. Analysis Mr. Chapman brings three counts in his Complaint. Count I alleges violations of the WVCCPA. Count II alleges TD Bank acted as an unlicensed debt collector. Count III alleges TD Bank formed an illegal or tortious joint venture. In Mr. Chapman’s response, he offers to withdraw

Counts II and III. Accordingly, the Court DISMISSES Counts II and III. The WVCCPA is core to the remaining issues. According to the West Virginia Supreme Court of Appeals: The purpose of the [WV]CCPA is to protect consumers from unfair, illegal, and deceptive acts or practices by providing an avenue of relief for consumers who would otherwise have difficulty proving their case under a more traditional cause of action. State ex rel. McGraw v. Scott Runyan Pontiac-Buick, Inc., 461 S.E.2d 516, 523 (1995). Hence, we have recognized that the [WV]CCPA is a “remedial” statute. Id. A remedial statute improves or facilitates remedies already existing for the enforcement or rights of redress of wrongs. Martinez v. Asplundh Tree Expert Co., 803 S.E.2d 582, 588 (2017). Statutes which are remedial in their very nature should be liberally construed to effectuate their purpose. Syl. pt. 6, Vest v. Cobb, 76 S.E.2d 885, 887 (1953). Accord, State ex rel. McGraw v.

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Chapman v. TD Bank N.A., Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-td-bank-na-wvsd-2025.