West Virginia Code
Article 2. Consumer Credit Protection
§46A-2-121. Unconscionability; Inducement by Unconscionable Conduct

(a) With respect to a transaction which is or gives rise to a consumer credit sale, consumer lease or consumer loan, if the court as a matter of law finds:
(1) The agreement or transaction to have been unconscionable at the time it was made, or to have been induced by unconscionable conduct such as affirmative misrepresentations, active deceit or concealment of a material fact, the court may refuse to enforce the agreement; or
(2) Any term or part of the agreement or transaction to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or may enforce the remainder of the agreement without the unconscionable term or part, or may so limit the application of any unconscionable term or part as to avoid any unconscionable result.
(b) If it is claimed or appears to the court that the agreement or transaction or any term or part thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose and effect to aid the court in making the determination.
(c) For the purpose of this section, a charge or practice expressly permitted by this chapter is not unconscionable.

Structure West Virginia Code

West Virginia Code

Chapter 46A. West Virginia Consumer Credit and Protection Act

Article 2. Consumer Credit Protection

§46A-2-101. Holders of Negotiable Instruments Subject to Claims and Defenses

§46A-2-102. Assignee Subject to Claims and Defenses

§46A-2-103. Lender Subject to Claims and Defenses Arising From Sales

§46A-2-103a. Lessor Subject to Claims and Defenses Arising From Leases

§46A-2-104. Notice to Cosigners

§46A-2-105. Balloon Payments

§46A-2-106. Notice of Consumer's Right to Cure Default; Cure; Acceleration

§46A-2-107. Security in Sales or Leases

§46A-2-108. Cross-Collateral

§46A-2-109. Debt Secured by Cross-Collateral

§46A-2-110. Referral Sales or Leases

§46A-2-111. Consumer Leases; Information to Be Furnished

§46A-2-112. Restriction on Liability in Consumer Lease

§46A-2-113. Notice of Assignment

§46A-2-114. Receipts; Statements of Account; Evidence of Payment

§46A-2-115. Limitation on Default Charges

§46A-2-116. Assignment of Earnings

§46A-2-117. Authorization to Confess Judgment Prohibited

§46A-2-118. No Garnishment Before Judgment

§46A-2-119. Restrictions on Deficiency Judgments

§46A-2-119a. Secured Transaction; Use of Price Guide Value in Calculating Deficiency or Surplus

§46A-2-120. Extortionate Extensions of Credit

§46A-2-121. Unconscionability; Inducement by Unconscionable Conduct

§46A-2-122. Definitions

§46A-2-123. Practice of Law by Debt Collectors

§46A-2-124. Threats or Coercion

§46A-2-125. Oppression and Abuse

§46A-2-126. Unreasonable Publication

§46A-2-127. Fraudulent, Deceptive or Misleading Representations

§46A-2-128. Unfair or Unconscionable Means

§46A-2-129. Postal Violations

§46A-2-129a. Deceptive or Oppressive Telephone Calls

§46A-2-130. Limitation on Garnishment

§46A-2-131. No Discharge or Reprisal Because of Garnishment

§46A-2-132. Home Solicitation; Buyer's Right to Cancel; Notice

§46A-2-133. Form of Agreement or Offer to Purchase; Statement of Buyer's Rights

§46A-2-134. Restoration of Down Payment

§46A-2-135. Buyer's Duty; Seller's Right; No Compensation for Certain Services

§46A-2-136. Personal Property Exemptions

§46A-2-137. Service of Process on Certain Nonresidents

§46A-2-138. Buyer's Right to Cancel Certain Subscriptions and Other Obligations

§46A-2-139. Unlawful Commercial Facsimile Transmission; Right of Action for Injunction, Damages

§46A-2-140. Pleadings Not to Be the Basis of a Cause of Action