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Article 1. Short Title, Definitions and General Provisions
§46A-1-101. Short Title - This chapter shall be known and may be cited as...
§46A-1-102. General Definitions - In addition to definitions appearing in subsequent articles, in this...
§46A-1-103. Effect of Chapter on Powers of Persons Making Consumer Credit Sales and Consumer Loans, and Others; Consumer Protection Generally - (1) This chapter prescribes maximum charges for all creditors, except...
§46A-1-104. Application - (1) This chapter applies if a consumer, who is a...
§46A-1-105. Exclusions - (a) This chapter does not apply to: (1) Extensions of...
§46A-1-106. Sales, Leases or Loans Subject to Chapter by Agreement of Parties - The parties to any sale, lease or loan, other than...
§46A-1-107. Waiver - Except as otherwise provided in this chapter, a consumer may...
§46A-1-108. Records Retention Methods - (a) All persons, other than banks and credit unions, who...
Article 2. Consumer Credit Protection
§46A-2-101. Holders of Negotiable Instruments Subject to Claims and Defenses - (1) The following limitations shall be applicable to negotiable instruments,...
§46A-2-102. Assignee Subject to Claims and Defenses - The following provisions shall be applicable to instruments, contracts or...
§46A-2-103. Lender Subject to Claims and Defenses Arising From Sales - (a) The following provisions shall be applicable to claims and...
§46A-2-103a. Lessor Subject to Claims and Defenses Arising From Leases - (a) The following provisions shall be applicable to claims and...
§46A-2-104. Notice to Cosigners - (a) No person shall be held liable as cosigner, or...
§46A-2-105. Balloon Payments - (1) With respect to a consumer credit sale or a...
§46A-2-106. Notice of Consumer's Right to Cure Default; Cure; Acceleration - After a consumer has been in default on any installment...
§46A-2-107. Security in Sales or Leases - (1) With respect to a consumer credit sale, a seller...
§46A-2-108. Cross-Collateral - In addition to contracting for a security interest pursuant to...
§46A-2-109. Debt Secured by Cross-Collateral - (1) If debts arising from two or more consumer credit...
§46A-2-110. Referral Sales or Leases - With respect to a consumer credit sale or consumer lease,...
§46A-2-111. Consumer Leases; Information to Be Furnished - With respect to a consumer lease the lessor shall give...
§46A-2-112. Restriction on Liability in Consumer Lease - The obligation of a lessee upon expiration of a consumer...
§46A-2-113. Notice of Assignment - A consumer is authorized to pay the original creditor until...
§46A-2-114. Receipts; Statements of Account; Evidence of Payment - (1) The creditor shall deliver or mail to the consumer,...
§46A-2-115. Limitation on Default Charges - (a) Except for reasonable expenses, including costs and fees authorized...
§46A-2-116. Assignment of Earnings - (1) The maximum part of the aggregate disposable earnings of...
§46A-2-117. Authorization to Confess Judgment Prohibited - A consumer may not authorize any person to confess judgment...
§46A-2-118. No Garnishment Before Judgment - Prior to entry of judgment in an action against the...
§46A-2-119. Restrictions on Deficiency Judgments - (1) This section applies to a deficiency on a consumer...
§46A-2-119a. Secured Transaction; Use of Price Guide Value in Calculating Deficiency or Surplus - **Clerk's NOTE: This section was amended to bring it into...
§46A-2-120. Extortionate Extensions of Credit - (1) If the court finds as a matter of fact...
§46A-2-121. Unconscionability; Inducement by Unconscionable Conduct - (a) With respect to a transaction which is or gives...
§46A-2-122. Definitions - For the purposes of this section and sections one hundred...
§46A-2-123. Practice of Law by Debt Collectors - Unless a licensed attorney in this state, no debt collector...
§46A-2-124. Threats or Coercion - No debt collector shall collect or attempt to collect any...
§46A-2-125. Oppression and Abuse - No debt collector shall unreasonably oppress or abuse any person...
§46A-2-126. Unreasonable Publication - No debt collector shall unreasonably publicize information relating to any...
§46A-2-127. Fraudulent, Deceptive or Misleading Representations - No debt collector shall use any fraudulent, deceptive or misleading...
§46A-2-128. Unfair or Unconscionable Means - No debt collector may use unfair or unconscionable means to...
§46A-2-129. Postal Violations - No debt collector shall use, distribute, sell or prepare for...
§46A-2-129a. Deceptive or Oppressive Telephone Calls - No debt collector shall place a telephone call or otherwise...
§46A-2-130. Limitation on Garnishment - (1) For the purposes of the provisions in this chapter...
§46A-2-131. No Discharge or Reprisal Because of Garnishment - No employer shall discharge or take any other form of...
§46A-2-132. Home Solicitation; Buyer's Right to Cancel; Notice - In addition to any other right to revoke an offer,...
§46A-2-133. Form of Agreement or Offer to Purchase; Statement of Buyer's Rights - In every home solicitation sale in this state, except where...
§46A-2-134. Restoration of Down Payment - Within ten days after a home solicitation sale has been...
§46A-2-135. Buyer's Duty; Seller's Right; No Compensation for Certain Services - Within a reasonable time after a home solicitation sale has...
§46A-2-136. Personal Property Exemptions - Any consumer residing in this state may set apart and...
§46A-2-137. Service of Process on Certain Nonresidents - Any nonresident person, except a nonresident corporation authorized to do...
§46A-2-138. Buyer's Right to Cancel Certain Subscriptions and Other Obligations - (a) When a buyer has become indebted or paid cash...
§46A-2-139. Unlawful Commercial Facsimile Transmission; Right of Action for Injunction, Damages - (a) No person or organization may initiate an unsolicited commercial...
§46A-2-140. Pleadings Not to Be the Basis of a Cause of Action - Nothing contained in or omitted from a pleading filed in...
Article 2A. Breach of Security of Consumer Information
§46A-2A-101. Definitions - As used in this article: (1) "Breach of the security...
§46A-2A-102. Notice of Breach of Security of Computerized Personal Information - (a) An individual or entity that owns or licenses computerized...
§46A-2A-103. Procedures Deemed in Compliance With Security Breach Notice Requirements - (a) An entity that maintains its own notification procedures as...
§46A-2A-104. Violations - (a) Except as provided by subsection (c) of this section,...
§46A-2A-105. Applicability - This article shall apply to the discovery or notification of...
Article 3. Finance Charges and Related Provisions
§46A-3-101. Finance Charges Generally - (1) With respect to a consumer credit sale, other than...
§46A-3-102. Sales Finance Charge for Certain Consumer Credit Sales of Real Estate - With respect to a consumer credit sale of real estate,...
§46A-3-103. Sales Finance Charge for Revolving Charge Accounts Other Than Certain Sales of Real Estate - (1) With respect to a consumer credit sale made pursuant...
§46A-3-104. Finance Charge for Loans Other Than Loans Made Pursuant to Revolving Loan Accounts; Finance Charge on Assigned Contracts; Exceptions - (1) With respect to a consumer loan, other than a...
§46A-3-105. Maximum Rate on Loans and Credit Sales Guaranteed or Insured by United States or Agency Thereof - Nothing contained in this chapter or other law of this...
§46A-3-106. Loan Finance Charge for Revolving Loan Accounts - (1) With respect to a consumer loan made pursuant to...
§46A-3-107. Sales Finance Charges and Loan Finance Charges on Refinancing - With respect to a consumer credit sale or consumer loan,...
§46A-3-108. Sales Finance Charges and Loan Finance Charges on Consolidation - (1) If a consumer owes an unpaid balance to a...
§46A-3-109. Additional Charges; Credit Life or Health Insurance; Notice of Cancellation; When Refund Required; Obligations of Creditor and Insurer; Civil Penalty; Rules Relating to Insurance - (a) In addition to the sales finance charge or loan...
§46A-3-109a. Collateral Protection Insurance - (a) As used in this section: (1) "Collateral" means any...
§46A-3-110. Right to Prepay - (1) Subject to the provisions on rebate upon prepayment, the...
§46A-3-111. Application of Payments on Account; Rebate Upon Prepayment, Refinancing or Consolidation; Judgments and Interest on Judgments - (a) All payments made to a creditor in accordance with...
§46A-3-112. Delinquency Charges on Precomputed Consumer Credit Sales or Consumer Loans - (1) With respect to a precomputed consumer credit sale or...
§46A-3-113. Delinquency Charges on Nonprecomputed Consumer Credit Sales or Consumer Loans Repayable in Installments - (1) In addition to the continuation of the sales finance...
§46A-3-114. Deferral and Modification Charges - (1) With respect to a precomputed consumer credit sale or...
§46A-3-115. Advances to Perform Covenants of Consumer - (1) If the agreement with respect to a consumer credit...
§46A-3-116. Change in Terms of Revolving Charge Accounts or Revolving Loan Accounts - (1) If a creditor makes a change in the terms...
§46A-3-117. Alternative Finance Charges Authorized - Notwithstanding any other provisions of this chapter, a person making...
Article 4. Regulated Consumer Lenders
§46A-4-101. Authority to Make Loans - Unless a person has first obtained a license from the...
§46A-4-102. License to Make Regulated Consumer Loans - (1) The commissioner shall receive and act on all applications...
§46A-4-103. Revocation, Suspension or Forfeiture of License - (a) The commissioner may issue to a person licensed to...
§46A-4-104. Records; Annual Reports - (1) Every licensee shall maintain records in conformity with generally...
§46A-4-105. Examinations; Assessments and Investigations - (1) The commissioner shall examine at least every eighteen months...
§46A-4-106. Application of Administrative Procedures Act - Except as otherwise provided, the provisions of chapter twenty-nine-a of...
§46A-4-107. Loan Finance Charge for Regulated Consumer Lenders - (1) With respect to a regulated consumer loan, including a...
§46A-4-108. Use of Multiple Loan Agreements - A regulated consumer lender may not use multiple loan agreements...
§46A-4-109. Restrictions on Interest in Land as Security; Assignment of Earnings to Regulated Consumer Lender Prohibited; When Security Interest on Household Furniture Goods Not Valid; Prohibitions as to Renegotiation of Loan Discharged in Bankruptcy... - (1) No consumer loan of $2,000 or less may be...
§46A-4-110. Conduct of Business Other Than Making Loans - (1) No licensee shall conduct the business of making loans...
§46A-4-110a. Prohibited Conduct - (1) A regulated consumer lender shall not: (a) Accept or...
§46A-4-111. Disclosure of Higher Annual Percentage Rate Upon Refinancing of a Loan Not Secured by Real Estate at Higher Rate; Requiring Documentation of a Reasonable Net Tangible Benefit to the Borrower of Any Refinancing of a Real Estate Secured Loa... - (1) Any nonrevolving consumer loan or consumer credit sale that...
§46A-4-112. Code Reference to Supervised Lenders and Industrial Loan Companies; Authority of the Commissioner - All references in this code to supervised loans, supervised lenders,...
§46A-4-113. Continuation of Licensing - All persons licensed under the provisions of article seven, chapter...
Article 5. Civil Liability and Criminal Penalties
§46A-5-101. Effect of Violations on Rights of Parties; Limitation of Actions - (1) If a creditor or debt collector has violated the...
§46A-5-102. Assertion of Rights - Rights granted by this chapter may be asserted as a...
§46A-5-103. Willful Violations - (1) A regulated consumer lender who willfully makes charges in...
§46A-5-104. Attorney S Fees - (a) Except as provided in 46A-5-108 and 46A-5-109 of this...
§46A-5-105. Willful Violations - If a creditor has willfully violated the provisions of this...
§46A-5-106. Adjustment of Damages for Inflation - In any claim brought under this chapter applying to illegal,...
§46A-5-107. Venue - Any civil action or other proceeding brought by a consumer...
§46A-5-108. Right to Cure - (a) An action may not be brought pursuant to this...
§46A-5-109. Offers to Settle or of Judgment; Damages for Frivolous Claims or Defenses - (a) In a private cause of action under this chapter,...
Article 6. General Consumer Protection
§46A-6-101. Legislative Declarations; Statutory Construction - (1) The Legislature hereby declares that the purpose of this...
§46A-6-102. Definitions - When used in this article, the following words, terms and...
§46A-6-103. Rules and Regulations - The Attorney General of the State of West Virginia may...
§46A-6-104. Unlawful Acts or Practices - Unfair methods of competition and unfair or deceptive acts or...
§46A-6-105. Exempted Transactions - (a) This article does not apply to acts done by...
§46A-6-106. Private Causes of Action - (a) Subject to subsection (b) of this section, any person...
§46A-6-107. Disclaimer of Warranties and Remedies Prohibited - (a) Except as otherwise provided in subsection (b) of this...
§46A-6-107a. Used Motor Vehicles Sold "As Is" - (a) Notwithstanding the provisions of §46A-6-107 of this code, a...
§46A-6-108. Breach of Warranty; Privity Abolished - (a) Notwithstanding any other provision of law to the contrary,...
§46A-6-109. The Use of Plain Language in Consumer Transactions - (a) Every written agreement entered into by a consumer after...
§46A-6-110. Solicitation or Cashing of Postdated Checks; Penalties - (a) No person may: (1) Solicit or accept a postdated...
Article 6A. Consumer Protection--New Motor Vehicle Warranties
§46A-6A-1. Legislative Declarations - (1) The Legislature hereby finds and declares as a matter...
§46A-6A-2. Definitions - When used in this article, the following words, terms, and...
§46A-6A-3. Manufacturer's Duty to Repair or Replace New Motor Vehicles - (a) If a new motor vehicle does not conform to...
§46A-6A-3a. Dealer's Duty to Disclose Repairs to Consumer - All authorized dealers of new motor vehicles shall provide to...
§46A-6A-4. Civil Action by Consumer - (a) If the nonconformity results in substantial impairment to the...
§46A-6A-5. Presumption of Reasonable Number of Attempts; Extension of Warranty Term When Repair Services Unavailable - (a) It is presumed that a reasonable number of attempts...
§46A-6A-6. Written Statement to Be Provided to Consumer - At the time of purchase the manufacturer, either directly or...
§46A-6A-7. Resale of Returned Motor Vehicle - If a new motor vehicle has been returned under section...
§46A-6A-8. Third Party Dispute Resolution Process; Attorney General to Promulgate Rules and Regulations - (a) The Attorney General of the State of West Virginia...
§46A-6A-9. Other Remedies Available - Nothing in this article shall be construed to limit any...
Article 6B. Consumer Protection--Automotive Crash Parts
§46A-6B-1. Legislative Declaration - The Legislature hereby finds and declares as a matter of...
§46A-6B-2. Definitions - As used in this article, the following terms shall have...
§46A-6B-3. Genuine and Aftermarket Crash Parts - For all motor vehicles requiring repair by motor vehicle body...
§46A-6B-4. Notices and Written Statements to Be Provided to Vehicle Owner - (a) Effective July 1, 1995, before beginning repair work on...
§46A-6B-5. Other Remedies Available - This article does not: (a) Prohibit a person from filing...
§46A-6B-6. Violation of Article an Unfair Method of Competition or Deceptive Act or Practice; Penalty - A violation of any provision of this article is an...
Article 6C. Credit Services Organizations
§46A-6C-1. Definitions - (1) "Buyer" means an individual who is solicited to purchase...
§46A-6C-2. Credit Services Organization - (a) A credit services organization is a person who, with...
§46A-6C-3. Prohibited Conduct - A credit services organization, a salesperson, agency or representative of...
§46A-6C-4. Bond; Surety Account - (a) This section applies to a credit services organization required...
§46A-6C-5. Registration - (a) A credit services organization shall file a registration statement...
§46A-6C-6. Disclosure Statement - (a) Before executing a contract or agreement with a buyer...
§46A-6C-7. Form and Terms of Contract - (a) Each contract between the buyer and a credit services...
§46A-6C-8. Waiver - (a) A credit services organization may not attempt to cause...
§46A-6C-9. Action for Damages - (a) A buyer injured by a violation of this article...
§46A-6C-10. Criminal Penalty - A person who violates the provisions of this article is...
§46A-6C-11. Burden of Proving Exemption - In an action under this article, the burden of proving...
§46A-6C-12. Remedies Cumulative - The remedies provided by this article are in addition to...
Article 6D. Prizes and Gifts
§46A-6D-1. Short Title - This article may be cited as the "Prizes and Gifts...
§46A-6D-2. Definitions - As used in this article: (a) "Anything of value", "item...
§46A-6D-3. Representation of Having Won a Prize, Gift or Any Item of Value - (a) Unless otherwise provided by article six of this chapter,...
§46A-6D-4. Representation of Eligibility to Win or to Receive a Prize, Gift or Item of Value - (a) A person may not represent that another person is...
§46A-6D-5. Representation of Being Specially Selected - (a) A person may not represent that another person has...
§46A-6D-6. Simulation of Checks and Invoices - In connection with a consumer transaction, no person may issue...
§46A-6D-7. Conditions for Handling Charges and Shipping Charges - (a) It is unlawful to notify a person that he...
§46A-6D-8. Action to Enforce the Provisions of Article - Any consumer who suffers loss by reason of a violation...
§46A-6D-9. Enforcement; Penalties - Any violation of this article constitutes an unlawful act or...
§46A-6D-10. Exemptions - The provisions of sections four through seven of this article...
Article 6E. Consumer Protection -- Assistive Devices
§46A-6E-1. Definitions - (a) "Assistive device" means any device enabling a person with...
§46A-6E-2. Express Warranty Requirement; Express Warranty Duration; Implied Warranty - (a) A manufacturer who sells an assistive device to a...
§46A-6E-3. Warranty Remedies; Procedures for Obtaining Remedies - (a) Repair. -- If a new assistive device does not...
§46A-6E-4. Lease Enforcement - No person may enforce the lease of an assistive device...
§46A-6E-5. Disclosure Upon Further Sale or Lease - No assistive device returned by a consumer or assistive device...
§46A-6E-6. Arbitration - (a) Each consumer shall have the option of submitting any...
§46A-6E-7. Limitations; Waiver of Rights; Action for Damages; Punitive Damages - (a) This section does not limit rights or remedies available...
Article 6F. Telemarketing
§46A-6F-101. Applicability of Definitions - §46A-6F-101. Applicability of definitions. For the purposes of this article,...
§46A-6F-102. Chance Promotion - "Chance promotion" means any plan in which premiums are distributed...
§46A-6F-103. Consumer; Purchaser - ?Consumer" or ?purchaser" means a person who is solicited to...
§46A-6F-104. Consumer Goods or Services - ?Consumer goods or services" means: (1) Any property or services...
§46A-6F-105. Division - ?Division" means the consumer protection division of the office of...
§46A-6F-106. Individual - ?Individual" means a single human being and does not mean...
§46A-6F-107. Investment Opportunity - ?Investment opportunity" means anything tangible or intangible, that is offered...
§46A-6F-108. Material Aspect or Element - ?Material aspect or element" means any factor likely to affect...
§46A-6F-109. Person - ?Person" includes any individual, group of individuals, firm, association, corporation,...
§46A-6F-110. Prize, Gift or Award - ?Prize, gift or award" means anything offered or given, or...
§46A-6F-111. Prize Promotion - ?Prize promotion" means: (1) A sweepstakes or other game of...
§46A-6F-112. Telemarketing Solicitation - (a) ?Telemarketing solicitation" means and includes any communication between a...
§46A-6F-113. Telemarketer - (a) ?Telemarketer" means any person who initiates or receives telephone...
§46A-6F-114. Telemarketer in Good Standing - ?Telemarketer in good standing" means a telemarketer who, during the...
§46A-6F-201. Inapplicability of Registration and Bonding Provisions of This Article to Charitable Organizations - §46A-6F-201. Inapplicability of registration and bonding provisions of this article...
§46A-6F-202. Inapplicability of Article to Licensed Securities, Commodities, or Investment Broker, Dealer, or Investment Adviser - The provisions of this article do not apply to any...
§46A-6F-203. Inapplicability of Article to Licensed Associated Person of a Securities, Commodities, or Investment Broker, Dealer, or Investment Adviser - The provisions of this article do not apply to any...
§46A-6F-204. Inapplicability of Article to Person Who Does Not Make the Major Sales Presentation - The provisions of this article do not apply to a...
§46A-6F-205. Inapplicability of Article to Person Who Solicits Sales by Catalog - The provisions of this article do not apply to a...
§46A-6F-206. Inapplicability of Article to Business-to-Business Sale - The provisions of this article do not apply to a...
§46A-6F-207. Inapplicability of Article to Person Who Solicits Contracts for the Maintenance or Repair of Goods - The provisions of this article do not apply to a...
§46A-6F-208. Inapplicability of Article to Person Soliciting a Transaction Regulated by the Commodity Futures Trading Commission - The provisions of this article do not apply to a...
§46A-6F-209. Inapplicability of Article to Supervised Financial Organization - The provisions of this article do not apply to any...
§46A-6F-210. Inapplicability of Article to Licensed Insurance Broker, Agent, Customer Representative, or Solicitor - The provisions of this article do not apply to any...
§46A-6F-211. Inapplicability of Article to Person Soliciting the Sale of Services Provided by a Cable Television System - The provisions of this article do not apply to a...
§46A-6F-212. Inapplicability of Article to Certain Telephone and Communications Companies - The provisions of this article do not apply to any...
§46A-6F-213. Inapplicability of Article to Persons Maintaining Continuing Business Locations for Sales of Consumer Goods or Services - The provisions of this article do not apply to a...
§46A-6F-214. Inapplicability of Article to Issuer of Certain Securities - The provisions of this article do not apply to an...
§46A-6F-215. Inapplicability of Article to Book, Video, Record, or Multimedia Club - The provisions of this article do not apply to a...
§46A-6F-216. Inapplicability of Article to Registered Developer or a Real Estate Salesperson or Broker - The provisions of this article do not apply to a...
§46A-6F-217. Inapplicability of Article to Person Soliciting the Sale of Electric or Natural Gas Energy or Related Goods or Services - The provisions of this article do not apply to a...
§46A-6F-218. Inapplicability of Article to Person Soliciting the Sale of a Magazine or Newspaper - The provisions of this article do not apply to a...
§46A-6F-219. Inapplicability of Article to Certain Telemarketers Based on Continuous Sales and Gross Sales for Exempt Persons - The provisions of this article do not apply to any...
§46A-6F-220. Inapplicability of Article to the Annual Sale of Less Than One Hundred Dollars for Food Stuffs and Edibles - The provisions of this article do not apply to a...
§46A-6F-301. Registration of Telemarketers - §46A-6F-301. Registration of telemarketers. (a) No person shall act as...
§46A-6F-302. Security Requirement - (a) An application for registration or renewal shall be accompanied...
§46A-6F-303. Failure to Register or Meet Security Requirement; Remedies - (a) Any person is subject to a civil administrative penalty,...
§46A-6F-304. Record Keeping Requirements - (a) A telemarketer shall keep for a period of four...
§46A-6F-401. Mandatory Disclosures - §46A-6F-401. Mandatory disclosures. (a) A telemarketer shall promptly disclose, in...
§46A-6F-402. Accepting Returns or Canceling Services - (a) Every telemarketer shall, at a minimum, have the following...
§46A-6F-501. Unfair or Deceptive Acts or Practices - It is an unfair or deceptive act or practice and...
§46A-6F-502. Causes of Action Arising Out of Unfair or Deceptive Acts or Practices; Limitation of Actions - (1) If a telemarketer violates the provisions of section five...
§46A-6F-503. Operating a Criminal Recovery Service; Penalties - (a) A person is guilty of operating a criminal recovery...
§46A-6F-601. Abusive Acts or Practices - §46A-6F-601. Abusive acts or practices. (a) It is an abusive...
§46A-6F-701. Civil Remedies - §46A-6F-701. Civil remedies. (a) If a telemarketer violates the provisions...
§46A-6F-702. Remedies Not Exclusive - Nothing contained in this article shall be construed to adversely...
§46A-6F-703. Service of Process on Certain Nonresidents - Any nonresident person, except a nonresident corporation authorized to do...
Article 6G. Electronic Mail Protection Act
§46A-6G-1. Definitions - As used in this article: (1) "Bulk electronic mail message"...
§46A-6G-2. Limitations on Unauthorized Electronic Mail - No person may initiate the transmission of an unauthorized electronic...
§46A-6G-3. Interactive Computer Service Authority; Liability - (1) An interactive computer service may block the receipt or...
§46A-6G-4. Sale or Possession of Enabling Software Prohibited - No person may sell, give or otherwise distribute or possess...
§46A-6G-5. Violations; Right of Action for Injunction, Damages - (a) No person or organization may initiate an unauthorized bulk...
Article 6H. Transfers of Right to Receive Future Payments
§46A-6H-1. Definitions - For the purposes of this article: (1) "Closing date" means...
§46A-6H-2. Disclosure Requirements Prior to Transfer - (a) In order for any transfer by a consumer to...
§46A-6H-3. Requirement of Court Approval for Certain Structured Settlement Transfers - (a) In addition to the requirements of this article, all...
§46A-6H-4. Prohibiting Transfer Agreements of Workers' Compensation Claims and Other Transfer Agreements That Contravene Law - Any agreement to transfer future payments arising under a workers'...
§46A-6H-5. Right of Recision - (a) Any consumer who enters into a transfer agreement shall...
§46A-6H-6. Remedies; Effective Date; Nonwaiver - (a) This article shall apply to transfer agreements of future...
§46A-6H-7. Protection From Liability to Consumer - When an interested party makes payments to the transferee pursuant...
§46A-6H-8. Registration With the Secretary of State - (a) A transferee or other person in the business of...
Article 6I. Consumer Protections in Electronic Transactions
§46A-6I-1. Definitions - (a) For purposes of this article, the terms herein have...
§46A-6I-2. Electronic Response to Electronic Notices - In a consumer transaction, when a consumer is required to...
§46A-6I-3. Receipt of Electronic Record - Notwithstanding the provisions of article one, chapter thirty-nine-a of this...
§46A-6I-4. Electronic Transferable Records - (a) In addition to the provisions of article one, chapter...
§46A-6I-5. Relationship With Federal and State Law - The requirements of this article are intended to supplement, not...
§46A-6I-6. Waiver - In consumer transactions, the rules and requirements set out in...
§46A-6I-7. Severability - If any provision of this article be found by a...
Article 6J. Protection of Consumers From Price Gouging and Unfair Pricing Practices During and Shortly After a State of Emergency
§46A-6J-1. Emergencies and Natural Disasters - Taking Unfair Advantage of Consumers - The Legislature finds that during emergencies and major disasters, including,...
§46A-6J-2. Definitions - (a) "Building materials" means lumber, construction tools, windows, and any...
§46A-6J-3. Prohibited Unfair Pricing Practices - (a) Upon the declaration of a state of emergency or...
§46A-6J-4. Notification by the Secretary of State; Registry - The Secretary of State shall promulgate rules to establish a...
§46A-6J-5. Penalties, Remedies and Enforcement - (a) A violation of this article is an unfair or...
§46A-6J-6. Preemption - This article preempts any local ordinance prohibiting the same or...
Article 6K. Good Funds Settlement Act
§46A-6K-1. Applicability - This article applies to the settlement of loans secured by...
§46A-6K-2. Definitions - (a) "Collected funds" or "good funds" means moneys used to...
§46A-6K-3. Duty of Lender; Accrual of Interest - The lender shall, at or before loan closing, cause disbursement...
§46A-6K-4. Validity of Loan Documents - Failure to comply with the provisions of this article does...
§46A-6K-5. Penalty - Any persons suffering losses due to the failure of the...
Article 6L. Theft of Consumer Identity Protections
§46A-6L-101. Definitions - For the purposes of this article, the following terms have...
§46A-6L-102. Security Freeze; Timing; Effect; Covered Entities; Cost - (a) A consumer-reporting agency shall permit a consumer to place...
§46A-6L-103. Notice of Rights - (a) At any time that a consumer is required to...
§46A-6L-104. Violations; Penalties - (a) If a consumer-reporting agency negligently violates the security freeze...
§46A-6L-105. Unfair or Deceptive Acts or Practices - Any violation of this article constitutes an unlawful act or...
Article 6M. Storm Scammer Consumer Protection Act
§46A-6M-1. Definitions - As used in this article: (1) "Emergency repair" means a...
§46A-6M-2. Consumer's Right to Cancel Residential Roofing Contract - (a) An owner, who on or after July 1, 2015,...
§46A-6M-3. Roofing Contractor's Duty to Disclose Rights of the Consumer via Standard Form - Prior to entering into a contract on or after July...
§46A-6M-4. Advanced Payments Prohibited; Refunds; Emergency Repairs; Unenforceable Contract - (a) Except as provided in subsection (c) of this section,...
§46A-6M-5. Roofing Contractors; Prohibited Acts - (a) Notwithstanding the provisions relating to public adjusters, as defined...
§46A-6M-6. Private Remedies for Violation of Article; Criminal Penalties - (a) If a roofing contractor violates the provisions of this...
Article 6N. Consumer Litigation Financing
§46A-6N-1. Definitions - For purposes of this article: (1) "Consumer" means any natural...
§46A-6N-2. Litigation Financier; Registration; Bond; Public Record; Rules - (a)(1) No litigation financier shall engage in a litigation financing...
§46A-6N-3. Litigation Financier Requirements - A litigation financier shall fulfill each of the following requirements...
§46A-6N-4. Litigation Financier Prohibitions - (a) A litigation financier shall not: (1) Pay or offer...
§46A-6N-5. Litigation Financing Contracts; Disclosures - (a) A litigation financing contract shall contain the disclosures specified...
§46A-6N-6. Third-Party Agreements - Except as otherwise stipulated or ordered by the court, a...
§46A-6N-7. Violation; Enforcement - (a) Any violation of this article shall make the litigation...
§46A-6N-8. Contingency Rights; Assignments; Priority of Lien, Subrogation Interest, or Right of Reimbursement - (a) The contingent right to receive an amount of the...
§46A-6N-9. Fees; Terms; Incorporation of Obligations in Agreement - (a) A litigation financier may not charge the consumer an...
Article 7. Administration
§46A-7-101. Division of Consumer Protection Created; Purpose - There is hereby created, under the authority of the Attorney...
§46A-7-102. Power of Attorney General; Reliance on Rules of Attorney General or Commissioner of Banking; Duty to Report - (1) In addition to other powers granted by this chapter,...
§46A-7-103. Division of Administrative Powers; Investigation and Administration - (1) With respect to regulated consumer lenders and other supervised...
§46A-7-104. Investigatory Powers - (1) If the Attorney General has probable cause to believe...
§46A-7-105. Application of Administrative Procedures Act - Except as otherwise provided, the provisions of chapter twenty-nine-a of...
§46A-7-106. Administrative Enforcement Orders; Judicial Review - (1) After notice and hearing the Attorney General may order...
§46A-7-107. Assurance of Discontinuance - If it is claimed that a person has engaged in...
§46A-7-108. Injunctions Against Violations of Chapter - The Attorney General may bring a civil action to restrain...
§46A-7-109. Injunctions Against Unconscionable Agreements and Fraudulent or Unconscionable Conduct - (1) The Attorney General may bring a civil action to...
§46A-7-110. Temporary Relief - With respect to an action brought to enjoin violations of...
§46A-7-111. Civil Actions by Attorney General - (1) After demand, the Attorney General may bring a civil...
§46A-7-112. Jury Trial - In an action brought by the Attorney General under this...
§46A-7-113. Consumer's Remedies Not Affected - The grant of powers to the Attorney General in this...
§46A-7-114. Venue - The Attorney General may bring actions or proceedings under this...
§46A-7-115. Notification - (1) Every person engaged in this state in making consumer...
Article 8. Operative Date and Provisions for Transition
§46A-8-101. Time of Becoming Operative; Provisions for Transition; Enforceability of Prior Transactions; Applicability and Effective Dates of Amendments - NOTE: West Virginia Code 46A-8-101 was amended by two bills...
§46A-8-102. Severability - If, for any reason, any article, section, sentence, clause, phrase...