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WV Code § 47-14-14 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 14. Preneed Funeral Contracts|§47-14-14. Severability

If any section, subsection, subdivision, subparagraph, sentence or clause of this article is adjudged to be unconstitutional or otherwise invalid, such invalidation shall not affect the validity of the remaining portions of this article and, to this end, the provisions of this article are hereby declared to be severable.
WV Code § 47-15-1 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 15. Pyramid Promotional Scheme|§47-15-1. Definitions

(a) "Pyramid promotional scheme" shall mean the organization of any chain letter club, pyramid club, or other group organized or brought together under any plan or device whereby fees or dues or anything of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which plan or device includes any provision for the increase in such membership through a chain process of any members securing other new members and thereby advancing themselves in the group to a position where such members in turn receive fees, dues or things of material value from other members.(b) "Promote" or "promotion" shall mean the initiation, preparation, operation, advertisement, or the recruitment of any person or persons in the furtherance of any pyramid promotional scheme as defined in subsection (a) of this section.
WV Code § 47-15-2 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 15. Pyramid Promotional Scheme|§47-15-2. Unlawful Act

No person shall promote any pyramid promotional scheme, either personally or through an agent or agents.
WV Code § 47-15-3 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 15. Pyramid Promotional Scheme|§47-15-3. Contracts Void and Unenforceable

All contracts and agreements entered into after the effective date of this article wherein the whole or any part of the consideration of such contract or agreement is given in exchange for the right to participate in any pyramid promotional scheme are hereby declared to be against public policy and are hereby declared to be void and unenforceable.
WV Code § 47-15-4 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 15. Pyramid Promotional Scheme|§47-15-4. Restraining Prohibited Acts

The prosecuting attorney of any county or the Attorney General, or any person, may petition the circuit court to enjoin the continued operation of any pyramid promotional scheme as defined in this article. The procedure in any such suit shall be the same as the procedure in other suits for equitable relief, except that no bond shall be required upon the granting of either a temporary or permanent injunction therein, when such proceedings are initiated by a prosecuting attorney of any county or the Attorney General.
WV Code § 47-15-5 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 15. Pyramid Promotional Scheme|§47-15-5. Criminal Penalties

Any person who shall violate the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than three hundred nor more than $1,000, or confined in jail for a period not to exceed six months, or both.
WV Code § 47-15-6 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 15. Pyramid Promotional Scheme|§47-15-6. Severability

If any provision of this article is declared unconstitutional or the application thereof to any person or circumstance is held invalid, the Constitutionality of the remainder of the article and the applicability thereof to other persons and circumstances shall not be affected thereby.
WV Code § 47-16-1 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 16. Collection Agencies|§47-16-1. Citation of Article

This article may be cited as the "Collection Agency Act of 1973."
WV Code § 47-16-3 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 16. Collection Agencies|§47-16-3. Scope

No person, firm, corporation or association shall establish or conduct within this state a collection agency except as authorized by this article.
WV Code § 47-16-5 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 16. Collection Agencies|§47-16-5. Penalty; Civil Liability

(a) Any person, firm, corporation or association violating any of the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000.(b) Any person, firm, corporation or association violating any of the provisions of this article shall, in addition to any civil liability arising by virtue of such violation, also be civilly liable as otherwise provided by law.
WV Code § 47-17-1 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 17. Regulation of Motor Fuel Contracts|§47-17-1. Contracts for the Payment of Manufactures' Excise Taxes

(a) If a contract requires one party to reimburse another party for taxes levied under Part III of Subchapter A of Chapter 32 of the federal Internal Revenue Code, the party making the reimbursement, at its option, shall not be required to reimburse the other party more than one business day before the other party is required to remit the taxes to the Internal Revenue Service.(b) If a party chooses to exercise its option under subsection (a) of this section, and provision is not already provided in the contract, the party shall notify the other party in writing of its intention. The option may not be exercised until at least thirty days after the written notification or the beginning of the next federal tax quarter, whichever is later.(c) The party to be reimbursed under subsection (a) of this section may require security from the reimbursing party for the payment of the taxes in proportion to the amount the taxes represent compared to the security required on the contract as a whole. The party to be reimbursed shall not change other payment terms of the contract due to the timing of the tax reimbursement, but may require the taxes to be reimbursed by electronic transfer of funds.(d) This section applies to all continuing contracts now in effect that have no expiration date and all contracts entered into or renewed after the effective date of this section as enacted in two thousand five.
WV Code § 47-18-1 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-1. Short Title

This article shall be known and may be cited as the "West Virginia Antitrust Act."
WV Code § 47-18-2 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-2. Definitions

As used in this article, unless the context otherwise requires:(a) "Person" shall mean any natural person or persons, or any corporation, partnership, company, trust or association of persons.(b) "Trade or commerce" shall include all economic activity involving or relating to any commodity or service.(c) "Commodity" shall mean any kind of real or personal property.(d) "Service" shall mean any activity which is performed in whole or in part for the purpose of financial gain, including but not limited to sale, rental, leasing or licensing for use.
WV Code § 47-18-3 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-3. Contracts and Combinations in Restraint of Trade

(a) Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce in this state shall be unlawful.(b) Without limiting the effect of subsection (a) of this section, the following shall be deemed to restrain trade or commerce unreasonably and are unlawful:(1) A contract, combination or conspiracy between two or more persons:(A) for the purpose or with the effect of fixing, controlling, or maintaining the market price, rate or fee of any commodity or service; or(B) fixing, controlling, maintaining, limiting or discontinuing the production, manufacture, mining, sale or supply of any commodity, or the sale or supply of any service, for the purpose or with the effect of fixing, controlling or maintaining the market price, rate or fee of the commodity or service; or(C) allocating or dividing customers or markets, functional or geographic, for any commodity or service.(2) A contract, combination or conspiracy between two or more persons whereby, in the letting of any public or private contract:(A) the price quotation of any bid is fixed or controlled; or(B) one or more persons submits a bid intending it to be higher than another bid and thus complementary thereto, submits a bid intending it to be substantially identical to another bid, or refrains from the submission of a bid.(3) A contract, combination or conspiracy between two or more persons refusing to deal with any other person or persons for the purpose of effecting any of the acts described in subdivisions (1) and (2) of this subsection.
WV Code § 47-18-4 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-4. Establishment, Maintenance or Use of Monopoly

The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is within this state, by any persons for the purpose of excluding competition or controlling, fixing or maintaining prices is unlawful.
WV Code § 47-18-5 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-5. Exemptions

(a) Labor of a human being is not a commodity or an article of commerce.(b) Nothing in this article shall be construed to forbid the existence and operation of any labor, agricultural or horticultural organization instituted for the purpose of mutual help, while lawfully carrying out its legitimate objects; or the existence or operation of any person whose activities or operations are regulated, to the extent of such regulation, pursuant to the laws of this state or of the United States, by a regulatory agency of this state or of the United States; or the bona fide religious and charitable activities of any nonprofit corporation, trust or organization established exclusively for religious or charitable purposes or both.
WV Code § 47-18-6 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-6. General Powers and Duties of Attorney General

The Attorney General shall investigate suspected violations of, and institute such proceedings as are hereinafter provided for violation of the provisions of this article. The Attorney General may direct the county prosecutor of any county in which such proceedings may be brought to aid and assist him in the conduct of such investigation and proceedings.
WV Code § 47-18-7 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-7. Investigations; Powers and Duties of Attorney General

(a) If the Attorney General has probable cause to believe that a person has engaged in an act which is subject to action by the Attorney General under any of the provisions of this article, he may make an investigation to determine if the act has been committed and, to the extent necessary for this purpose, may administer oaths or affirmations, and may subpoena witnesses, compel their attendance, adduce evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, records, documents or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence.(b) If the person's records are located outside this state, the person at his option shall either make them available to the Attorney General at a convenient location within this state or pay the reasonable and necessary expenses for the Attorney General or his representative to examine them at the place where they are maintained. The Attorney General may designate representatives, including comparable officials of the state in which the records are located, to inspect them on his behalf.(c) Upon failure of a person without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the Attorney General may apply to the circuit court of the county in which the hearing is to be held for an order compelling compliance.(d) The Attorney General shall not make public the name or identity of a person whose acts or conduct he investigates pursuant to this section or the facts disclosed in the investigation, but this subsection does not apply to disclosures in actions or enforcement proceedings pursuant to this article.
WV Code § 47-18-8 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-8. Injunctions and Other Relief; Violations; Jurisdiction

The Attorney General may institute proceedings to prevent and restrain violations of the provisions of this article. In addition to granting such temporary, interlocutory, or permanent relief as is necessary to prevent and restrain a violation, the courts of this state may grant injunctions reasonably necessary to restore and preserve competition in the trade or commerce affected by a violation of this article.If a permanent injunction is issued in such proceedings, reasonable costs of the action may be awarded the state, including but not limited to expenses of discovery and document reproduction.In addition to injunctive relief authorized, any person who violates the provisions of this article shall be liable to a penalty of not more than the greater of a total of $100,000 or $500 per day for each and every day of said violation.
WV Code § 47-18-9 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-9. Damages; Treble Damage Suits

Any person who shall be injured in his business or property by reason of a violation of the provisions of this article may bring an action therefor and shall recover threefold the damages sustained by him together with reasonable attorneys' fees, filing fees and reasonable costs of the action. Reasonable costs of the action may include, but shall not be limited to the expenses of discovery and document reproduction.The state and any of its political subdivisions and public agencies shall be deemed a person within the meaning of this section. The Attorney General may bring an action on behalf of this state, or any of its public agencies, counties, municipalities or other political subdivisions to recover the damages provided for by this section or provision of federal law: Provided, That this shall not impair the authority of any such county, municipality or other political subdivision to bring such action on its own behalf.
WV Code § 47-18-10 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-10. Final Judgment in Civil Proceeding as Prima Facie Evidence

A final judgment rendered in any civil proceeding brought by the state for violation of this article to the effect that a defendant has violated said article shall be prima facie evidence against such defendant in any proceeding brought by any other party against such defendant pursuant to section eight of this article, as to all matters with respect to which said judgment or decree would be an estoppel as between the parties thereto: Provided, That this section shall not apply to consent judgments or decrees entered before any testimony has been taken.
WV Code § 47-18-11 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-11. Limitation of Actions

Any action brought to enforce the provisions of this article shall be barred unless commenced within four years after the cause of action arose, or if the cause of action is based upon a conspiracy in violation of this article, within four years after the plaintiff discovered, or by the exercise of reasonable diligence should have discovered the facts relied upon for proof of the conspiracy. For the purpose of this section, a cause of action for a continuing violation is deemed to arise at any time during the period of such violation.
WV Code § 47-18-12 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-12. Suspension of Limitation Period

Whenever any civil proceeding shall be commenced by the state to prevent, restrain or punish a violation of this article, the running of the statute of limitations in respect of every private right of action arising under this article and based in whole or in part on any matter complained of in said proceeding shall be suspended during the pendency thereof and for one year thereafter: Provided, That whenever the running of the statute of limitations in respect of a cause of action arising under section eight shall be suspended hereunder, any action to enforce such cause of action shall be forever barred unless commenced either within the period of suspension or within four years after the cause of action accrued, whichever is later.
WV Code § 47-18-13 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-13. Cumulative Remedies

The remedies provided in this article shall be cumulative.
WV Code § 47-18-14 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-14. Cooperation With Federal Government and Other States

The Attorney General may cooperate with officials of the federal government and the several states in the enforcement of this article.
WV Code § 47-18-15 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-15. Venue

Actions or proceedings under this article may be brought in the circuit court of any county in which an act on which the action or proceeding is based occurred, or in any county in which the respondent or defendant resides or transacts business.
WV Code § 47-18-16 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-16. Judicial Construction

This article shall be construed liberally and in harmony with ruling judicial interpretations of comparable federal antitrust statutes.
WV Code § 47-18-18 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-18. Disposition of Funds

All civil penalties exacted pursuant to this article, unless otherwise specifically provided for, shall be paid into the state Treasury for the use of the antitrust enforcement fund.
WV Code § 47-18-19 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-19. Antitrust Enforcement Fund

All money received by the state as a result of actions by the Attorney General pursuant to this article or to the federal antitrust laws shall be placed in a separate fund by the state Treasurer, to be known as the antitrust enforcement fund, and shall be used solely for the payment of fees, costs and expenses incurred by the Attorney General in connection with antitrust enforcement activities and the first $300,000 in this fund shall not expire at the end of each fiscal year but shall, by operation of law, be automatically reappropriated from year to year and all sums in excess of $300,000 remaining in such fund shall expire at the end of each fiscal year and shall revert to the General Revenue Fund.
WV Code § 47-18-20 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-20. Rules and Regulations

The Attorney General may make and adopt such rules and regulations as may be necessary for the enforcement and administration of this article.
WV Code § 47-18-21 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-21. Cooperation by Public Agencies, Officials and Employees

It shall be the duty of all public officers, their deputies, assistants, clerks, subordinates and employees, to render and furnish to the Attorney General, his deputy or other designated representative, when so requested, all information and assistance in their possession and within their power for the enforcement of the provisions of this article.
WV Code § 47-18-22 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-22. Assurances of Voluntary Compliance

In the administration of this article, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be a violation of this article from any person who has engaged or was about to engage in such method, act or practice. Such assurance may include a stipulation for voluntary payment by the alleged violator of damages sustained by any person or public body. Any such assurance shall be in writing and be filed with the circuit court in which the alleged violator resides, has his principal place of business, or is doing business. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. Matters thus closed may at any time be reopened by the Attorney General for further proceedings in the public interest.
WV Code § 47-18-23 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 18. Antitrust Act; Restraint of Trade|§47-18-23. Severability

If, for any reason, any section, sentence, clause, phrase or provision of this article or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other sections, sentences, clauses, phrases or provisions or their application to any other person or circumstance, and to this end, each and every section, sentence, clause, phrase or provision of this article is hereby declared to be severable.
WV Code § 47-19-1 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 19. Drug Paraphernalia|§47-19-1. Items Designed or Marketed for Use With Controlled Substances; License Required

It shall be unlawful for any person or persons as principal, clerk, agent or servant to sell any items, effect, paraphernalia, accessory or thing which is designed or marketed for use with controlled substances, as defined in chapter sixty-a of this code, without obtaining a license therefor from the State Tax Commissioner. Such licenses shall be in addition to any or all other licenses held by applicant. The fee for such license shall be $150.
WV Code § 47-19-2 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 19. Drug Paraphernalia|§47-19-2. Application

(a) Application to sell any item, effect, paraphernalia, accessory or thing which is designed or marketed for use with controlled substances shall be accompanied by affidavits by applicant and each and every employee authorized to sell such items that such person has never been convicted of a drug-related offense.
WV Code § 47-19-4 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 19. Drug Paraphernalia|§47-19-4. Records

Every licensee must keep a record of every item, effect, paraphernalia, accessory or thing which is designed or marketed for use with controlled substances which is sold, and this record shall be open to the inspection of any police officer at any time during the hours of business. Such record shall contain the name and address of the purchaser, the name and quantity of the product, the date and time of the sale, and the licensee or agent of the licensee's signature. Such records shall be retained for not less than two years.