reglab/housing_qa huggingface dataset:
WV Code § 46B-3-10 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 3. Default|§46B-3-10. Attorney General; Promulgation of Rules

The Attorney General may adopt, amend and repeal such reasonable rules and regulations, in accordance with the provisions of chapter twenty-nine-a of this code, as are necessary and proper to effectuate the purposes of this chapter and to prevent circumvention or evasion thereof. In addition, the Attorney General shall adopt, amend and repeal such reasonable rules and regulations, in accordance with the provisions of said chapter, as are necessary and proper to determine formula or method of ascertaining retail value as defined in this article and as are necessary and proper to detail the requirements for disclosure set forth in this article.
WV Code § 46B-4-1 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 4. Prohibited Conduct|§46B-4-1. Extortionate Conduct in Rent-to-Own Transaction

If the court finds as a matter of fact that it was the understanding of the dealer and the consumer at the time a rental agreement for a rent-to-own transaction was made that delay in making a payment could result in the use of violence or other criminal means to cause harm to the person, reputation or property of any person, the agreement of the extension of credit is unenforceable through civil judicial process against the dealer and the consumer, at his or her option, may rescind the agreement and retain the goods without any obligation to pay for them.
WV Code § 46B-4-2 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 4. Prohibited Conduct|§46B-4-2. Referral Sales or Leases

With respect to a rent-to-own transaction, the dealer may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the consumer as an inducement for a sale or lease in consideration of his giving to the dealer the names of prospective purchasers or consumers, or otherwise aiding the dealer in making a lease to another person, if the earning of the rebate, discount or other value is contingent upon the occurrence of an event subsequent to the time the consumer agrees to lease. If a consumer is induced by a violation of this section to enter into a rent-to-own transaction, the agreement is unenforceable against the consumer, who at his or her option, may rescind the agreement and retain the goods without any obligation to pay for them.
WV Code § 46B-4-3 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 4. Prohibited Conduct|§46B-4-3. Practice of Law by Debt Collectors

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:(1) The performance of legal services, furnishing of legal advice or false representation, direct or by implication, that any person is an attorney;(2) Any communication with consumers in the name of an attorney or upon stationery or other written matter bearing an attorney's name; and(3) 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.
WV Code § 46B-4-4 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 4. Prohibited Conduct|§46B-4-4. Threats or Coercion

No debt collector shall collect or attempt to collect any money alleged to be due and owing by means of any threat, coercion or attempt to coerce. Without limiting the general application of the foregoing, the following conduct is deemed to violate this section:(1) The use, or express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation or property of any person;(2) The accusation or threat to accuse any person of fraud, any crime or any conduct which, if true, would tend to disgrace such other person or in any way subject him to ridicule or any conduct which, if true, would tend to disgrace such other person or in any way subject him to ridicule or contempt of society;(3) False accusations made to another person, including any credit reporting agency, that a consumer is willfully refusing to pay a just debt or the threat to so make false accusations;(4) The threat to sell or assign to another the obligation of the consumer with an attending representation or implication that the result of such sale or assignment would be that the consumer would lose any defense to the claim or would be subjected to harsh, vindictive or abusive collection attempts;(5) The threat that nonpayment of an alleged claim will result in the:(A) Arrest of any person; or(B) Garnishment of any wages of any person or the taking of other action requiring judicial sanction, without informing the consumer that there must be in effect a judicial order permitting such garnishment or such other action before it can be taken; and(6) The threat to take any action prohibited by this chapter or other law regulating the debt collector's conduct.
WV Code § 46B-4-5 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 4. Prohibited Conduct|§46B-4-5. 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:(1) The use of profane or obscene language or language that is intended to unreasonably abuse the hearer or reader;(2) The placement of telephone calls without disclosure of the caller's identity and with the intent to annoy, harass or threaten any person at the called number;(3) 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(4) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously, 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.
WV Code § 46B-4-6 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 4. Prohibited Conduct|§46B-4-6. Unreasonable Publication

No debt collector shall unreasonably publicize information relating to any alleged indebtedness of consumer. Without limiting the general application of the foregoing, the following conduct is deemed to violate this section:(1) The communication to any employer or his agent before judgment has been rendered of any information relating to an employee's indebtedness other than through proper legal action, process or proceeding;(2) The disclosure, publication or communication of information relating to a consumer's indebtedness to any relative or family member of the consumer if such person is not residing with the consumer, except through proper legal action or process or at the express and unsolicited request of the relative or family member;(3) The disclosure, publication or communication of any information relating to a consumer's indebtedness to any other person other than a credit reporting agency, by publishing or posting any list of consumers, commonly known as "deadbeat lists"; and(4) The use of any form of communication to the consumer, which ordinarily may be seen by any other persons, that displays or conveys any information about the alleged claim other than the name, address and phone number of the debt collector.
WV Code § 46B-4-7 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 4. Prohibited Conduct|§46B-4-7. 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:(1) 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;(2) The failure to clearly disclose in all communications made to collect or attempt to collect a claim or to obtain or attempt to obtain information about a consumer, that the debt collector is attempting to collect a claim and that any information obtained will be used for that purpose;(3) 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;(4) 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;(5) 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;(6) 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;(7) 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;(8) 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(9) Any false representation or false impression about the status or true nature of or the services rendered by the debt collector or his business.
WV Code § 46B-4-8 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 4. Prohibited Conduct|§46B-4-8. Unfair or Unconscionable Means

No debt collector shall use unfair or unconscionable means to collect or attempt to collect any claim. Without limiting the general application of the foregoing, the following conduct is deemed to violate this section:(1) The seeking or obtaining of any written statement or acknowledgment in any form that specifies that a consumer's obligation is one incurred for necessaries of life where the original obligation was not in fact incurred for such necessaries;(2) The seeking or obtaining of any written statement or acknowledgment in any form containing an affirmation of any obligation by a consumer who has been declared bankrupt without clearly disclosing the nature and consequences of such affirmation and the fact that the consumer is not legally obligated to make such affirmation;(3) The collection or the attempt to collect from the consumer all or any part of the debt collector's fee or charge for services rendered;(4) The collection of or the attempt to collect any interest or other charge, fee or expense incidental to the principal obligation unless such interest or incidental fee, charge or expense is expressly authorized by the written rental agreement and by statute; and(5) Any communication with a consumer whenever it appears that the consumer is represented by an attorney and the attorney's name and address are known, or could be easily ascertained, unless the attorney fails to answer correspondence, return phone calls or discuss the obligation in question or unless the attorney consents to direct communication.
WV Code § 46B-4-9 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 4. Prohibited Conduct|§46B-4-9. Postal Violations

No debt collector shall use, distribute, sell or prepare for use any written communication which violates or fails to conform to United States postal laws and regulations.
WV Code § 46B-5-1 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 5. Assignment and Receipt of Payment|§46B-5-1. Notice of Assignment

A consumer is authorized to pay the original dealer until he receives notification of assignment of rights to payment pursuant to a rent-to-own transaction and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the consumer, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the consumer may pay the original dealer.
WV Code § 46B-5-2 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 5. Assignment and Receipt of Payment|§46B-5-2. Receipts; Statements of Account; Evidence of Payment

(a) The dealer shall deliver or mail to the consumer, without request, a written receipt for each payment by coin or currency on an obligation pursuant to a written rental agreement. A periodic statement showing a payment received complies with this subsection.(b) Upon written request of a consumer, the dealer shall provide a written statement of the dates and amounts of payments made within the past twelve months and the total amount unpaid. The requested statement shall be provided without charge once during each year of the term of the agreement. If additional statements are requested, the creditor may charge not in excess of $3 for each additional statement.(c) After a consumer has fulfilled all obligations with respect to a rent-to-own transaction, the dealer shall, upon the request of the consumer, deliver or mail to the consumer written evidence acknowledging payment in full of all obligations with respect to the transaction.
WV Code § 46B-5-3 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 5. Assignment and Receipt of Payment|§46B-5-3. Notification

(a) Every person engaged in this state in making rent-to-own transactions and every person having an office or place of business in this state who takes assignments of and undertakes direct collection of payments from or enforcement of rights against debtors arising from such transactions shall file notification with the State Tax Department within thirty days after commencing business in this state, and, thereafter, on or before the thirty-first day of January of each year. A notification shall be deemed to be in compliance with this section if the information hereinafter required is given in an application for a business registration certificate provided for in section four, article twelve, chapter eleven of this code. The State Tax Commissioner shall make any information required by this section available to the Attorney General or commissioner upon request. The notification shall state:(1) Name of the person;(2) Name in which business is transacted if different from subdivision (1) of this subsection;(3) Address of principal office, which may be outside this state;(4) Address of all offices or retail stores, if any, in this state at which rent-to-own transactions are made or, in the case of a person taking assignments of obligations, the offices or places of business within this state at which business is transacted; and(5) Address of designated agent upon whom service of process may be made in this state.(b) If information in a notification becomes inaccurate after filing, accurate information must be filed within thirty days.
WV Code § 46B-6-1 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 6. Limitations on Collections and Related Provisions|§46B-6-1. Assignment of Earnings

(a) The maximum part of the aggregate disposable earnings of an individual for any workweek which may be subjected to any one or more assignments of earnings for the payment of a debt or debts arising from one or more rent-to-own transactions may not exceed twenty-five percent of his disposable earnings for that week.(b) As used in this section:(1) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld; and(2) "Assignment of earnings" includes all forms of assignments, deductions, transfers or sales of earnings to another, either as payment or as security and whether stated to be revocable or nonrevocable and includes any deductions authorized under the provisions of section three, article five, chapter twenty-one of this code, except deductions for union or club dues, pension plans, payroll savings plans, charities, stock purchase plans and hospitalization and medical insurance.(c) Any assignment of earnings and any deduction under section three, article five, chapter twenty-one of this code shall be revocable by the employee at will at any time, notwithstanding any provision to the contrary.(d) The priority of multiple assignments of earnings shall be according to the date and time of each such assignment.
WV Code § 46B-6-2 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 6. Limitations on Collections and Related Provisions|§46B-6-2. Authorization to Confess Judgment Prohibited

A consumer may not authorize any person to confess judgment on a claim arising out of a rent-to-own transaction. An authorization in violation of this section is void. The provisions of this section shall not be construed as in any way impliedly authorizing a confession of judgment in any other type of transaction.
WV Code § 46B-6-3 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 6. Limitations on Collections and Related Provisions|§46B-6-3. No Garnishment Before Judgment

Prior to entry of judgment in an action against the consumer for debt arising from a rent-to-own transaction, the dealer may not attach unpaid earnings of the consumer by garnishment or like proceedings. The provisions of this section shall not be construed as in any way impliedly authorizing garnishment before judgment in any other type of transaction.
WV Code § 46B-6-4 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 6. Limitations on Collections and Related Provisions|§46B-6-4. Limitation on Garnishment

(a) For the purposes of the provisions in this chapter relating to garnishment:(1) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld; and(2) "Garnishment" means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt.(b) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment to enforce payment of a judgment arising from a rent-to-own transaction may not exceed the lesser of:(1) Twenty percent of his disposable earnings for that week;(2) The amount by which his disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed by Section 6(a)(1) of the "Fair Labor Standards Act of 1938", U.S.C. Title 19, Section 206(a)(1), in effect at the time the earnings are payable; or(3) In the case of earnings for a pay period other than a week, the commissioner shall prescribe by rule a multiple of the federal minimum hourly wage equivalent in effect to that set forth in subdivision (2) of this subsection.(c) No court may make, execute or enforce an order or process in violation of this section. Any time after a consumer's earnings have been executed upon pursuant to article five-a or five-b, chapter thirty-eight of this code by a creditor resulting from a rent-to-own transaction, such consumer may petition any court having jurisdiction of such matter or the circuit court of the county wherein he resides to reduce or temporarily or permanently remove such execution upon his earnings on the grounds that such execution causes or will cause undue hardship to him or his family. When such fact is proved to the satisfaction of such court, it may reduce or temporarily or permanently remove such execution.(d) No garnishment governed by the provisions of this section will be given priority over a voluntary assignment of wages to fulfill a support obligation, a garnishment to collect arrearages in support payments or a notice of withholding from wages of amounts payable as support, notwithstanding the fact that the garnishment in question or the judgment upon which it is based may have preceded the support-related assignment, garnishment or notice of withholding in point of time or filing.
WV Code § 46B-6-5 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 6. Limitations on Collections and Related Provisions|§46B-6-5. No Discharge or Reprisal Because of Garnishment

No employer shall discharge or take any other form of reprisal against an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment arising from a rent-to-own transaction.