reglab/housing_qa huggingface dataset:
WV Code § 46A-6K-3 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6K. Good Funds Settlement Act|§46A-6K-3. Duty of Lender; Accrual of Interest

The lender shall, at or before loan closing, cause disbursement of loan funds to the settlement agent; however, in the case of a refinancing, or any other loan where a right of rescission applies, the lender shall, within one business day after the expiration of the rescission period required under the federal Truth-in-Lending Act (15 U. S. C. §1601 et seq.), cause disbursement of loan funds to the settlement agent, unless the loan is rescinded by the customer. All funds disbursed by the lender to the settlement agent must be collected funds. The lender may charge and receive interest on the loan during the rescission period required under the federal Truth-in-Lending Act (15 U. S. C. §1601 et seq.): Provided, That the lender may not receive any interest if the loan is rescinded by the customer: Provided, however, That the lender may not charge or receive interest on the loan during the rescission period, if the loan is for the purpose of paying a prior loan made by the same lender in full.
WV Code § 46A-6K-4 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6K. Good Funds Settlement Act|§46A-6K-4. Validity of Loan Documents

Failure to comply with the provisions of this article does not affect the validity or enforceability of any loan documents executed.
WV Code § 46A-6K-5 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6K. Good Funds Settlement Act|§46A-6K-5. Penalty

Any persons suffering losses due to the failure of the lender or the settlement agent to disburse settlement proceeds as required by this chapter shall be entitled to recover, in addition to other actual damages, double the amount of any interest collected in violation of section three of this article plus reasonable attorneys' fees incurred in the collection thereof.
WV Code § 46A-6L-101 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6L. Theft of Consumer Identity Protections|§46A-6L-101. Definitions

For the purposes of this article, the following terms have the following meanings:(1) “Person” means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency or other entity.(2) “Consumer” means an individual.(3) “Consumer-reporting agency” means any entity which, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties.(4) “Credit report” means any written, oral or other communication of any information by a consumer-reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living which is used or expected to be used or collected, in whole or in part, for the purpose of serving as a factor in establishing the consumer's eligibility for:(A) Credit or insurance to be used primarily for a personal, family, household or agricultural purpose, except that nothing in this article authorizes or prohibits the use of credit evaluations, credit scoring or insurance scoring in the underwriting of personal lines of property or casualty insurance;(B) Employment purposes; or(C) Any other purpose authorized under Section 15 U.S.C. §1681b as in effect on the effective date of this article.(5) “Security freeze” means a notice, at the request of the consumer and subject to certain exceptions, that prohibits the consumer-reporting agency from releasing all or any part of the consumer's credit report or any information derived from it without the express authorization of the consumer.(6) “Reviewing the account” or “account review” includes activities related to account maintenance, monitoring, credit line increases and account upgrades and enhancements.
WV Code § 46A-6L-103 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6L. Theft of Consumer Identity Protections|§46A-6L-103. Notice of Rights

(a) At any time that a consumer is required to receive a summary of rights required under Section 609 of the federal Fair Credit Reporting Act, 15 U.S.C. §1681g, as in effect on the effective date of this article, the following notice shall be included:“West Virginia consumers have the right to obtain a security freeze.You may obtain a security freeze on your credit report to protect your privacy and ensure that credit is not granted in your name without your knowledge. You have a right to place a security freeze on your credit report pursuant to West Virginia law.The security freeze will prohibit a consumer-reporting agency from releasing any information in your credit report without your express authorization or approval.The security freeze is designed to prevent credit, loans and services from being approved in your name without your consent. When you place a security freeze on your credit report, within five business days you will be provided a unique personal identification number or password to use if you choose to remove the freeze on your credit report or to temporarily authorize the distribution of your credit report for a period of time after the freeze is in place. To provide that authorization, you must contact the consumer-reporting agency and provide all of the following:(1) The unique personal identification number or password provided by the consumer-reporting agency;(2) Proper identification to verify your identity; and(3) The period of time for which the report shall be available to users of the credit report.A consumer-reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report shall comply with the request no later than three business days after receiving the request.A security freeze does not apply to circumstances in which you have an existing account relationship and a copy of your report is requested by your existing creditor or its agents or affiliates for certain types of account review, collection, fraud control or similar activities.If you are actively seeking credit, you should understand that the procedures involved in lifting a security freeze may slow your own applications for credit. You should plan ahead and lift a freeze, either completely if you are shopping around or specifically for a certain creditor, a few days before actually applying for new credit.You have the right to bring a civil action against someone who violates your rights under the credit reporting laws. The action can be brought against a consumer-reporting agency."(b) If a consumer requests information about a security freeze, he or she shall be provided with the notice provided in this section about how to place, temporarily lift and remove a security freeze.
WV Code § 46A-6L-104 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6L. Theft of Consumer Identity Protections|§46A-6L-104. Violations; Penalties

(a) If a consumer-reporting agency negligently violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:(1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.(3) File a civil action against the consumer-reporting agency seeking:(A) Injunctive relief to prevent or restrain further violation of the security freeze;(B) Actual damages sustained or not more than $1,000, whichever is greater; and(C) Reasonable expenses, court costs, investigative costs and attorney's fees.(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.(b) If a consumer-reporting agency willfully violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:(1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.(3) File a civil action against the consumer-reporting agency seeking:(A) Injunctive relief to prevent or restrain further violation of the security freeze;(B) Actual damages sustained or not more than $5,000, whichever is greater; and(C) Reasonable expenses, court costs, investigative costs and attorney's fees.(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.
WV Code § 46A-6L-105 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6L. Theft of Consumer Identity Protections|§46A-6L-105. Unfair or Deceptive Acts or Practices

Any violation of this article constitutes an unlawful act or practice under the provisions of article six of this chapter regarding fraudulent acts or practices committed by a person in connection with a consumer transaction and shall be subject to the enforcement provisions of article seven of this chapter.
WV Code § 46A-6M-1 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6M. Storm Scammer Consumer Protection Act|§46A-6M-1. Definitions

As used in this article:(1) "Emergency repair" means a repair that is necessary to prevent the risk of imminent injury to a person or further damage to the homeowner's residence;(2) "Residential real estate" means any real property located in West Virginia, upon which is constructed or intended to be constructed a dwelling;(3) "Roof system" means the components of a roof to include, but not be limited to, covering, framing, insulation, sheathing, ventilation, guttering and weatherproofing; and(4) "Roofing contractor" means a person or entity in the business of contracting or offering to contract with an owner of residential real estate to repair or replace a roof system.
WV Code § 46A-6M-2 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6M. Storm Scammer Consumer Protection Act|§46A-6M-2. Consumer's Right to Cancel Residential Roofing Contract

(a) An owner, who on or after July 1, 2015, enters into a contract with a roofing contractor to provide goods or services related to a roof system of residential real estate and who expects the goods or services to be paid from the proceeds of a property and casualty insurance policy, may cancel the contract prior to midnight of the fifth business day after the owner has received notice from the insurer that all or part of the claim is not a covered loss under the property and casualty insurance policy.(b) The contract with the roofing contract is cancelled when the owner either personally delivers written notice of cancellation to the roofing contractor; deposits the written notice of cancellation in the United States mail, postage prepaid and addressed to the roofing contractor at the address stated in the contract; transmits the notice of cancellation to the roofing contractor by facsimile; or sends an e-mails containing a notice of cancellation.(c) The owner may use any form of notice of cancellation that is sufficient to indicate, by any form of written expression, the intention of the owner not to be bound by the contract.
WV Code § 46A-6M-3 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6M. Storm Scammer Consumer Protection Act|§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 1, 2015, for the provision of goods or services relating to the repair or replacement of any part of a roof system of residential real estate as provided in section two of this article, a roofing contractor shall furnish the owner of the residential real estate with:(1) The mailing address of the roofing contractor through which written communication may be received;(2) The telephone number of the roofing contractor and, if applicable, the facsimile number and e-mail address of the contractor;(3) A statement in at least ten point boldface type that states: "Because you expect all or part of the cost of the roofing repair or replacement to be paid out of the proceeds of a property and casualty insurance policy, you may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation you may have under state or federal law or rule or regulation. However, be advised that if you cancel this contract, you are still responsible to pay the reasonable and customary expenses of any emergency repair services you authorized. See the attached Notice of Cancellation form for an explanation of this right."; and(4) A fully completed form in duplicate, under the conspicuous caption "NOTICE OF CANCELLATION," and attached to, but easily detachable from the contract, in at least ten point boldface type that shall read as follows:"NOTICE OF CANCELLATION(enter date of transaction)If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel this contract without penalty or monetary obligation, except where you have authorized emergency repair services for which you are still responsible for payment, before midnight of the fifth business day after you have received notice from your insurer. To cancel this transaction you may use any of the following methods: Mail or otherwise deliver a signed and dated copy of this cancellation notice, or any other written notice of cancellation which you- sign-and date, to (enter physical address of roofing contractor), or e-mail a notice of cancellation to (enter e-mail address of roofing contractor), or transmit a notice of cancellation to (enter facsimile number of roofing contractor), not later than midnight of the fifth day after you receive notice from your insurer. By signing below, you certify that your insurer has denied all or part of your claim.I HEREBY ATTEST THAT I HAVE BEEN NOTIFIED BY THE INSURER THAT ALL OR PART OF MY CLAIM HAS BEEN DENIED AND I HEREBY CANCEL THIS TRANSACTION.(Date)(Buyer's Signature)"
WV Code § 46A-6M-4 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6M. Storm Scammer Consumer Protection Act|§46A-6M-4. Advanced Payments Prohibited; Refunds; Emergency Repairs; Unenforceable Contract

(a) Except as provided in subsection (c) of this section, on or after July 1, 2015, a roofing contractor may not require any advance payments under a contract for the repair or replacement of any part of a roof system of a residential real estate, when payment is expected to be made from the proceeds of a property or casualty insurance policy until the cancellation period, as provided in section two of this article has expired.(b) Within ten days after a contract has been canceled, as provided in section two of this article, a roofing contractor shall tender to the owner, any payments, partial payments, or deposits made, and any note or other evidence of indebtedness, except as provided in subsection (c) of this section.(c) A roofing contractor that performs any emergency repair services authorized by the owner of residential real estate, may collect a reasonable and customary amount for the emergency repair services performed for the authorizing owner.(d) Any provision in a contract executed on or after July 1, 2015, for the repair of a roof system of residential real estate, as provided in sections one and five of this article, that requires the payment of any fee, except for repair services performed under subsection (c) of this section, is not enforceable against any person who has canceled a contract under section two of this article.
WV Code § 46A-6M-5 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6M. Storm Scammer Consumer Protection Act|§46A-6M-5. Roofing Contractors; Prohibited Acts

(a) Notwithstanding the provisions relating to public adjusters, as defined in section one-e, article twelve-b, chapter thirty-three of this code, on or after July 1, 2015, a roofing contractor may not represent, negotiate, or advertise to represent or negotiate on behalf of an owner of residential real estate on any insurance claim in connection with the repair or replacement of a roof system. Nothing in this subsection may be construed to prohibit a roofing contractor from:(1) Providing an estimate for repair, replacement, construction or reconstruction of the roof system to the owner of residential real estate; or(2) Conferring with an insurance company's representative about damage to the property after a claim has been submitted by the owner of residential real estate.(b) On or after July 1, 2015, a roofing contractor or person representing a roofing contractor may not:(1) Offer to pay or rebate all or any portion of an insurance deductible or claims proceeds as an inducement to the sale of goods or services related to a residential roofing contract;(2) Pay the owner of residential real estate for whom services have been performed pursuant to this article for any reason or any form of compensation, including, but not limited to a:(A) Bonus;(B) Coupon;(C) Credit;(D) Gift;(E) Prize;(F) Referral fee; or(G) Any other tangible item having a monetary value.
WV Code § 46A-6M-6 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6M. Storm Scammer Consumer Protection Act|§46A-6M-6. Private Remedies for Violation of Article; Criminal Penalties

(a) If a roofing contractor violates the provisions of this article, the owner or the applicable insurer may bring an action against the roofing contractor in a court of competent jurisdiction for damages sustained by the owner or insurer as a consequence of the roofing contractor's violation.(b) A roofing contractor who willfully violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or confined in jail not more than one year, or both fined and confined.
WV Code § 46A-6N-1 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6N. Consumer Litigation Financing|§46A-6N-1. Definitions

For purposes of this article:(1) "Consumer" means any natural person who resides, is present, or is domiciled in this state;(2) "Litigation financier" means a person, entity, or partnership engaged in the business of litigation financing; and(3) "Litigation financing" or "litigation financing transaction":(A) Means a nonrecourse transaction in which financing is provided to a consumer in return for a consumers assigning to the litigation financier a contingent right to receive an amount of the potential proceeds of the consumers judgment, award, settlement, or verdict obtained with respect to the consumers legal claim; and(B) Does not include:(i) Legal services provided on a contingency fee basis, or advanced legal costs, where such services or costs are provided to or on behalf of a consumer by an attorney representing the consumer in the dispute and in accordance with the West Virginia Rules of Professional Conduct;(ii) A consumer loan, as defined by §46A-1-102 of this code;(iii) A commercial tort claim, as defined by §46-9-102 of this code;(iv) A claim under the Workers" Compensation Law, compiled in chapter 23 of this code; or(v) Normal or course of business lending or financing arrangements between an attorney or law firm and a lending institution.
WV Code § 46A-6N-2 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6N. Consumer Litigation Financing|§46A-6N-2. Litigation Financier; Registration; Bond; Public Record; Rules

(a)(1) No litigation financier shall engage in a litigation financing transaction in this state unless it is registered as a litigation financier in this state.(2) A litigation financier that is a business entity or partnership is registered in this state if:(A) It is in compliance with the bond requirements of §46A-6N-2(b) of this code;(B) It has a status of active and is in good standing as reflected in the records of the Secretary of State; and(C) Its charter, articles of organization, certificate of limited partnership, or other organizational document, or, if a foreign entity, its West Virginia application for a certificate of authority, contains a statement that it shall be designated as a litigation financier pursuant to this article.(3) A litigation financier that is not a business entity or partnership is registered in this state if:(A) It is in compliance with the bond requirements of §46A-6N-2(b) of this code; and(B) It files an application for registration as a litigation financier on a form prescribed by the Secretary of State that contains the following:(i) Applicants full legal name;(ii) Business name of applicant, if any;(iii) Physical street address and mailing address of the applicant;(iv) A telephone number through which the applicant can be reached;(v) The name, physical street address, mailing address, and telephone number for a West Virginia registered agent appointed to accept service of process on behalf of the applicant;(vi) A statement that the applicant shall be designated as a litigation financier pursuant to this article; and(vii) Any other information the Secretary of State deems necessary.(b)(1) Each litigation financier shall file with the Secretary of State and have approved by the Office of the West Virginia Attorney General a surety bond or irrevocable letter of credit issued and confirmed by a financial institution authorized by law to transact business in the state of West Virginia in an amount not less than $50,000.(2) Such bond shall be payable to this state for the use of the Attorney General and any person who may have a cause of action against the obligor of the bond for any violation of this article. The bond shall continue in effect so long as a litigation financier is designated as a litigation financier in the records of the Secretary of State.(c) A litigation financier shall amend its registration with the Secretary of State within 30 days whenever the information contained in such record changes or becomes inaccurate or incomplete in any respect.(d) The Secretary of State, as appropriate, may promulgate rules in implementing this article, including, but not limited to, the adoption of fees to cover any administrative costs relating to administering this article.