For the purposes of this section and sections one hundred twenty-three, one hundred twenty-four, one hundred twenty-five, one hundred twenty-six, one hundred twenty-seven, one hundred twenty-eight, one hundred twenty-nine and one hundred twenty-nine-a of this article, the following terms shall have the following meanings:
(a) “Consumer” means any natural person obligated or allegedly obligated to pay any debt.
(b) “Claim” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or service which is the subject of the transaction is primarily for personal, family or household purposes, whether or not such obligation has been reduced to judgment.
(c) “Debt collection” means any action, conduct or practice of soliciting claims for collection or in the collection of claims owed or due or alleged to be owed or due by a consumer.
(d) “Debt collector” means any person or organization engaging directly or indirectly in debt collection. The term includes any person or organization who sells or offers to sell forms which are, or are represented to be, a collection system, device or scheme, and are intended or calculated to be used to collect claims. The term excludes attorneys representing creditors provided the attorneys are licensed in West Virginia or otherwise authorized to practice law in the State of West Virginia and handling claims and collections in their own name as an employee, partner, member, shareholder or owner of a law firm and not operating a collection agency under the management of a person who is not a licensed attorney.
Structure 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-2-106. Notice of Consumer's Right to Cure Default; Cure; Acceleration
§46A-2-107. Security in Sales or Leases
§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-2-123. 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-2-129a. 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