West Virginia Code
Article 2. Consumer Credit Protection
§46A-2-127. Fraudulent, Deceptive or Misleading Representations

No debt collector shall use any fraudulent, deceptive or misleading representation or means to collect or attempt to collect claims or to obtain information concerning consumers. Without limiting the general application of the foregoing, the following conduct is deemed to violate this section:
(a) The use of any business, company or organization name while engaged in the collection of claims, other than the true name of the debt collector's business, company or organization;
(b) Any false representation that the debt collector has in his possession information or something of value for the consumer that is made to solicit or discover information about the consumer;
(c) The failure to clearly disclose the name and full business address of the person to whom the claim has been assigned for collection, or to whom the claim is owed, at the time of making any demand for money;
(d) Any false representation or implication of the character, extent or amount of a claim against a consumer, or of its status in any legal proceeding;
(e) Any false representation or false implication that any debt collector is vouched for, bonded by, affiliated with or an instrumentality, agent or official of this state or any agency of the federal, state or local government;
(f) The use or distribution or sale of any written communication which simulates or is falsely represented to be a document authorized, issued or approved by a court, an official or any other legally constituted or authorized authority, or which creates a false impression about its source, authorization or approval;
(g) Any representation that an existing obligation of the consumer may be increased by the addition of attorney's fees, investigation fees, service fees or any other fees or charges when in fact such fees or charges may not legally be added to the existing obligation; and
(h) Any false representation or false impression about the status or true nature of or the services rendered by the debt collector or his business.

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