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WV Code § 39A-1-8 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-8. Provision of Information in Writing; Presentation of Records

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.(b) If a law other than this article requires a record: (i) To be posted or displayed in a certain manner; (ii) to be sent, communicated or transmitted by a specified method; or (iii) to contain information that is formatted in a certain manner, the following rules apply:(1) The record must be posted or displayed in the manner specified in the other law.(2) Except as otherwise provided in subdivision (2), subsection (d) of this section, the record must be sent, communicated or transmitted by the method specified in the other law.(3) The record must contain the information formatted in the manner specified in the other law.(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.(d) The requirements of this section may not be varied by agreement, but:(1) To the extent a law other than this article requires information to be provided, sent or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and(2) A requirement under a law other than this article to send, communicate or transmit a record by first class mail, postage prepaid, regular United States mail, certified mail or registered mail, may be varied by agreement to the extent permitted by the other law.
WV Code § 39A-1-9 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-9. Attribution and Effect of Electronic Record and Electronic Signature

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties' agreement, if any, and otherwise as provided by law.
WV Code § 39A-1-10 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-10. Effect of Change or Error

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:(A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;(B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and(C) Has not used or received any benefit or value from the consideration, if any, received from the other person.(3) If neither subdivision (1) nor subdivision (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.(4) Subdivisions (2) and (3) of this subsection may not be varied by agreement.
WV Code § 39A-1-11 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-11. Notarization and Acknowledgment

If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
WV Code § 39A-1-12 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-12. Retention of Electronic Records; Originals

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and(2) Remains accessible for later reference.(b) A requirement to retain a record in accordance with subsection (a) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated or received.(c) A person may satisfy subsection (a) of this section by using the services of another person if the requirements of said subsection are satisfied.(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this section.(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this section.(f) A record retained as an electronic record in accordance with subsection (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this article specifically prohibits the use of an electronic record for the specified purpose.(g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
WV Code § 39A-1-13 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-13. Admissibility in Evidence

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
WV Code § 39A-1-14 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-14. Automated Transaction

In an automated transaction, the following rules apply:(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.(3) The terms of the contract are determined by the substantive law applicable to it.
WV Code § 39A-1-15 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-15. Time and Place of Sending and Receipt

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;(2) Is in a form capable of being processed by that system; and(3) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:(1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and(2) It is in a form capable of being processed by that system.(c) Subsection (b) of this section applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d) of this section.(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction;(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.(e) An electronic record is received under subsection (b) of this section even if no individual is aware of its receipt.(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.(g) If a person is aware that an electronic record purportedly sent under subsection (a) of this section, or purportedly received under subsection (b) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
WV Code § 39A-1-17 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-17. Relationship With Federal Law

The enactment of this article is an enactment of the Uniform Electronic Transactions Act (UETA) as approved for enactment in all of the states by the national conference of commissioners on uniform state laws in one thousand nine hundred ninety-nine and is an exception to preemption of state law as permitted by section one hundred two of the federal "Electronic Signatures in Global and National Commerce Act", Public Law No. 106-229, 15 U.S.C. 7001.
WV Code § 39A-2-1 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-1. Consent to Electronic Records

Notwithstanding the provisions of article one of this chapter, if a statute, regulation or other rule of law requires that information relating to a transaction or transactions in or affecting interstate or foreign commerce be provided or made available to a consumer in writing, the use of an electronic record to provide or make available such information satisfies the requirement that such information be in writing if:(1) The consumer has affirmatively consented to such use and has not withdrawn such consent;(2) The consumer, prior to consenting, is provided with a clear and conspicuous statement;(A) Informing the consumer of: (i) Any right or option of the consumer to have the record provided or made available on paper or in nonelectronic form; and (ii) the right of the consumer to withdraw the consent to have the record provided or made available in an electronic form and of any conditions, consequences, which may include termination of the parties' relationship, or fees in the event of such withdrawal;(B) Informing the consumer of whether the consent applies: (i) Only to the particular transaction which gave rise to the obligation to provide the record; or (ii) to identified categories of records that may be provided or made available during the course of the parties' relationship;(C) Describing the procedures the consumer must use to withdraw consent as provided in paragraph (A) of this section and to update information needed to contact the consumer electronically; and(D) Informing the consumer: (i) How, after consent, the consumer may, upon request, obtain a paper copy of an electronic record; and (ii) whether any fee will be charged for such copy;(3) The consumer:(A) Prior to consenting, is provided with a statement of the hardware and software requirements for access to and retention of the electronic records; and(B) Consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent; and(4) After the consent of a consumer in accordance with subdivision (1) of this section, if a change in the hardware or software requirements needed to access or retain electronic records creates a material risk that the consumer will not be able to access or retain a subsequent electronic record that was the subject of the consent, the person providing the electronic record:(A) Provides the consumer with a statement of: (i) The revised hardware and software requirements for access to and retention of the electronic records; and (ii) the right to withdraw consent without the imposition of any fees for such withdrawal and without the imposition of any condition or consequence that was not disclosed under subparagraph (ii), paragraph (A), subdivision (2) of this subsection; and(B) Again complies with subdivision (3).
WV Code § 39A-2-2 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-2. Preservation of Consumer Protection; Verification or Acknowledgment

(a) Nothing in this article affects the content or timing of any disclosure or other record required to be provided or made available to any consumer under any statute, rule, regulation or other rule of law.(b) If a law that was enacted prior to this article expressly requires a record to be provided or made available by a specified method that requires verification or acknowledgment of receipt, the record may be provided or made available electronically only if the method used provides verification or acknowledgment of receipt.
WV Code § 39A-2-3 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-3. Effect of Failure to Obtain Electronic Consent or Confirmation

The legal effectiveness, validity or enforceability of any contract executed by a consumer shall not be denied solely because of the failure to obtain electronic consent or confirmation of consent by that consumer in accordance with paragraph (B), subdivision (3), section one of this article.
WV Code § 39A-2-4 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-4. Prospective Effect

Withdrawal of consent by a consumer shall not affect the legal effectiveness, validity or enforceability of electronic records provided or made available to that consumer in accordance with section one of this article prior to implementation of the consumer's withdrawal of consent. A consumer's withdrawal of consent shall be effective within a reasonable period of time after receipt of the withdrawal by the provider of the record. Failure to comply with subdivision (4), section one of this article may, at the election of the consumer, be treated as a withdrawal of consent for purposes of this subsection.
WV Code § 39A-2-5 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-5. Prior Consent

This section does not apply to any records that are provided or made available to a consumer who has consented prior to the effective date of this title to receive such records in electronic form as permitted by any statute, regulation or other rule of law.
WV Code § 39A-2-6 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-6. Oral Communications

An oral communication or a recording of an oral communication shall not qualify as an electronic record for purposes of this article except as otherwise provided under applicable law.
WV Code § 39A-2-7 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-7. Retention; Accuracy and Accessibility

(a) If a statute, rule, regulation or other rule of law requires that a contract or other record relating to a transaction in or affecting interstate or foreign commerce be retained, that requirement is met by retaining an electronic record of the information in the contract or other record that:(1) Accurately reflects the information set forth in the contract or other record; and(2) Remains accessible to all persons who are entitled to access by statute, regulations or rule of law, for the period required by such statute, regulation or rule of law, in a form that is capable of being accurately reproduced for later reference, whether by transmission, printing or otherwise.(b) A requirement to retain a contract or other record in accordance with subsection (a) of this section does not apply to any information whose sole purpose is to enable the contract or other record to be sent, communicated or received.
WV Code § 39A-2-8 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-8. Retention; Originals

If a statute, regulation or other rule of law requires a contract or other record relating to a transaction in or affecting interstate or foreign commerce to be provided, available or retained in its original form, or provides consequences if the contract or other record is not provided, available or retained in its original form, that statute, rule, regulation or rule of law is satisfied by an electronic record that complies with section seven of this article.
WV Code § 39A-2-9 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-9. Retention; Checks

If a statute, rule, regulation or other rule of law requires the retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with section seven of this article.
WV Code § 39A-2-10 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-10. Accuracy and Ability to Retain Contracts and Other Records

If a statute, rule, regulation or other rule of law requires that a contract or other record relating to a transaction in or affecting interstate or foreign commerce be in writing, the legal effect, validity or enforceability of an electronic record of such contract or other record may be denied if such electronic record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or persons who are entitled to retain the contract or other record.
WV Code § 39A-2-11 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-11. Exceptions

The provisions of article one of this chapter do not apply to:(1) Court orders or notices, or official court documents (including briefs, pleadings, and other writings) required to be executed in connection with court proceedings;(2) Any notice of:(A) The cancellation or termination of utility services (including water, heat and power);(B) Default, acceleration, repossession, foreclosure, eviction or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;(C) The cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); or(D) Recall of a product, or material failure of a product, that risks endangering health or safety; or(3) Any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials.
WV Code § 39A-2-12 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 2. Consumer Protections and Responsibilities in Electronic Transactions|§39A-2-12. Severability

If any provision of this article be found by a court of competent jurisdiction to be unenforceable under the Constitution of this state or the laws and Constitutions of the United States, the remaining provisions of this article shall be severable and shall continue in full force and effect.