Unless a licensed attorney in this state, no debt collector shall engage in conduct deemed the practice of law. Without limiting the general application of the foregoing, the following conduct is deemed the practice of law:
(a) The performance of legal services, furnishing of legal advice or false representation, direct or by implication, that any person is an attorney;
(b) Any communication with consumers in the name of an attorney or upon stationery or other written matter bearing an attorney's name; and
(c) Any demand for or payment of money constituting a share of compensation for services performed or to be performed by an attorney in collecting a claim.
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