West Virginia Code
Article 2. Consumer Credit Protection
§46A-2-125. Oppression and Abuse

No debt collector shall unreasonably oppress or abuse any person in connection with the collection of or attempt to collect any claim alleged to be due and owing by that person or another. Without limiting the general application of the foregoing, the following conduct is deemed to violate this section:
(a) The use of profane or obscene language or language that is intended to unreasonably abuse the hearer or reader;
(b) Engaging any person in telephone conversation without disclosure of the caller's identity and with the intent to annoy, harass or threaten any person at the called number;
(c) Causing expense to any person in the form of long distance telephone tolls, telegram fees or other charges incurred by a medium of communication, by concealment of the true purpose of the communication; and
(d) Calling any person more than thirty times per week or engaging any person in telephone conversation more than ten times per week, or at unusual times or at times known to be inconvenient, with intent to annoy, abuse, oppress or threaten any person at the called number. In determining whether a debt collector's conduct violates this section, the debt collector's conduct will be evaluated from the standpoint of a reasonable person. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after eight o'clock antemeridian and before nine o'clock postmeridian, local time at the consumer's location.

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