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WV Code § 46A-6N-3 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6N. Consumer Litigation Financing|§46A-6N-3. Litigation Financier Requirements

A litigation financier shall fulfill each of the following requirements when engaged in litigation financing:(1) The terms of the litigation financing transaction shall be set forth in a written contract that is completely filled in with no incomplete sections when the contract is offered or presented to the consumer;(2) The litigation financing contract shall contain a right of rescission, allowing the consumer to cancel the litigation financing contract without penalty or further obligation if, within five business days following the consumers receipt of the funds, or execution of the litigation financing contract, whichever is later, the consumer gives notice of the rescission and returns any money already provided to the consumer by the litigation financier;(3) The litigation financing contract shall contain a written acknowledgment by the consumer of whether the consumer is represented by an attorney in the dispute;(4) If the consumer acknowledges that the consumer is represented by an attorney in the dispute, the litigation financing contract shall include a written acknowledgment executed by the consumers attorney in the dispute in which the attorney acknowledges all of the following:(A) The attorney has had the opportunity to review the litigation financing contract on behalf of the consumer; (B) The attorney is representing the consumer with regard to the dispute that is the subject of the litigation financing contract; (C) The attorney has neither received nor paid a referral fee or any other consideration from or to the litigation financier, nor will the attorney receive or pay such a fee in the future; and(D) In the event that proceeds are paid into a settlement fund or trust, the litigation financier shall notify the administrator of the fund or trust of any outstanding liens arising from the litigation financing contract.
WV Code § 46A-6N-6 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6N. Consumer Litigation Financing|§46A-6N-6. Third-Party Agreements

Except as otherwise stipulated or ordered by the court, a party shall, without awaiting a discovery request, provide to the other parties any agreement under which any litigation financier, other than an attorney permitted to charge a contingent fee representing a party, has a right to receive compensation that is contingent on and sourced from any proceeds of the civil action, by settlement, judgment, or otherwise.
WV Code § 46A-6N-7 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6N. Consumer Litigation Financing|§46A-6N-7. Violation; Enforcement

(a) Any violation of this article shall make the litigation financing contract unenforceable by the litigation financier, the consumer, or any successor-in-interest to the litigation financing contract. The court may, in the event that judgment is awarded to the plaintiff, assess costs of the action, including reasonable attorneys" fees, against the defendant.(b) Nothing in this article shall be construed to limit the exercise of powers or the performance of the duties of the Attorney General, including those provided by the West Virginia Consumer Credit and Protection Act, which the Attorney General is otherwise authorized or required to exercise or perform by law.
WV Code § 46A-6N-8 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6N. Consumer Litigation Financing|§46A-6N-8. Contingency Rights; Assignments; Priority of Lien, Subrogation Interest, or Right of Reimbursement

(a) The contingent right to receive an amount of the potential proceeds of a legal claim may be assigned by a consumer, and that assignment is valid for the purposes of obtaining litigation financing from a litigation financier.(b) The lien of a litigation financier on a consumers legal claim has priority over liens that attach and take effect subsequent to the attachment of the litigation financiers lien to the consumers legal claim, except for the following:(1) Attorney liens, insurance carrier liens, medical provider liens, or liens based upon subrogation interests or rights of reimbursement related to the consumers legal claim; and(2) Child support, Medicare, tax, or any other statutory or governmental lien.
WV Code § 46A-6N-9 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6N. Consumer Litigation Financing|§46A-6N-9. Fees; Terms; Incorporation of Obligations in Agreement

(a) A litigation financier may not charge the consumer an annual fee of more than 18 percent of the original amount of money provided to the consumer for the litigation financing transaction.(b) Litigation financiers shall not charge a consumer the annual fee authorized by §46A-6N-9(a) of this code more than one time each year with regard to any single legal claim regardless of the number of litigation financing transactions that the litigation financier enters into with the consumer with respect to such legal claim.(c) Fees assessed by a litigation financier may compound semiannually but may not compound based on any lesser time period.(d) In calculating the annual percentage fee or rate of return, a litigation financier must include all charges payable directly or indirectly by the consumer, and must compute the rate based only on amounts actually received and retained by the consumer.(e) A litigation financier may not assess fees for any period exceeding 42 months from the date of the contract with the consumer.(f) Litigation financiers shall not enter into an agreement with a consumer that has the effect of incorporating the consumers obligations to the litigation financier that are contained in the original litigation financing transaction into a subsequent litigation financing transaction.(g) Litigation financiers shall not knowingly provide financing to a consumer who has previously assigned and/or sold a portion of the consumers right to proceeds from his or her legal claim without first making payment to and/or purchasing a prior unsatisfied litigation financiers entire funded amount and contracted charges unless a lesser amount is otherwise expressly agreed to in writing by the litigation financiers; except multiple litigation financiers may agree to contemporaneously provide financing to a consumer, provided that the consumer and the consumers attorney consent to the agreement in writing.
WV Code § 46A-7-101 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-101. Division of Consumer Protection Created; Purpose

There is hereby created, under the authority of the Attorney General of the State of West Virginia, a division of consumer protection for the purposes set forth in this article.
WV Code § 46A-7-103 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-103. Division of Administrative Powers; Investigation and Administration

(1) With respect to regulated consumer lenders and other supervised financial organizations, the powers of examination and investigation and administrative enforcement shall be exercised by the official or agency to whose supervision the organization is subject. All other powers of the Attorney General under this chapter may be exercised by him with respect to any financial organization whether or not a supervised financial organization. Notwithstanding the first sentence of this subsection and notwithstanding subsection (3) of this section, the Attorney General may pursue any investigation, prosecute any suit and take any other proper action relating to the enforcement of any consumer protection provision in this chapter.(2) If the Attorney General receives a complaint or other information concerning noncompliance with this chapter by any supervised financial organization, he shall inform the official or agency having supervisory authority over the organization concerned. The Attorney General may request information about financial organizations from the officials or agencies supervising them.(3) The Attorney General and any official or agency of this state having supervisory authority over a financial organization are authorized and directed to consult and assist one another in maintaining compliance with this chapter. They may jointly pursue investigations, prosecute actions and take other official actions, as they deem appropriate, if either of them otherwise is empowered to take the action.
WV Code § 46A-7-104 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-104. Investigatory Powers

(1) 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, he may, and shall upon request of the commissioner, 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, upon his own motion or upon request of any party, 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.(2) 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.(3) 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.(4) 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 chapter.
WV Code § 46A-7-105 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-105. Application of Administrative Procedures Act

Except as otherwise provided, the provisions of chapter twenty-nine-a of this code apply to and govern all administrative action taken by the Attorney General pursuant to this chapter.
WV Code § 46A-7-107 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-107. Assurance of Discontinuance

If it is claimed that a person has engaged in conduct which could be subject to an order by the Attorney General or by a court, the Attorney General may accept an assurance in writing that the person will not engage in the conduct in the future. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose, except that if a person giving such assurance fails to comply with its terms, the assurance is prima facie evidence that prior to such assurance he engaged in the conduct described in such assurance.
WV Code § 46A-7-108 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-108. Injunctions Against Violations of Chapter

The Attorney General may bring a civil action to restrain a person from violating this chapter and for other appropriate relief.
WV Code § 46A-7-109 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-109. Injunctions Against Unconscionable Agreements and Fraudulent or Unconscionable Conduct

(1) The Attorney General may bring a civil action to restrain a creditor or a person acting in his behalf from engaging in a course of:(a) Making or enforcing unconscionable terms or provisions of consumer credit sales, consumer leases or consumer loans;(b) Fraudulent or unconscionable conduct in inducing consumers to enter into consumer credit sales, consumer leases or consumer loans; or(c) Fraudulent or unconscionable conduct in the collection of debts arising from consumer credit sales, consumer leases or consumer loans.(2) In an action brought pursuant to this section the court may grant relief only if it finds:(a) That the respondent has made unconscionable agreements or has engaged or is likely to engage in a course of fraudulent or unconscionable conduct;(b) That the agreements or conduct of the respondent have caused or are likely to cause injury to consumers; and(c) That the respondent has been able to cause or will be able to cause the injury primarily because the transactions involved are credit or lease transactions.(3) In applying this section, consideration shall be given to each of the following factors, among others:(a) Belief by the creditor at the time consumer credit sales, consumer leases or consumer loans are made that there was no reasonable probability of payment in full of the obligation by the debtor;(b) In the case of consumer credit sales, knowledge by the seller at the time of the sale of the inability of the buyer to receive substantial benefits from the property or services sold;(c) In the case of consumer credit sales, gross disparity between the price of the property or services sold and the value of the property or services measured by the price at which similar property or services are readily obtainable in credit transactions by like buyers;(d) The fact that the creditor contracted for or received separate charges for insurance with respect to consumer credit sales, consumer leases or consumer loans with the effect of making the sales or loans, considered as a whole, unconscionable; and(e) The fact that the respondent has knowingly taken advantage of the inability of the debtor reasonably to protect his interests by reason of physical or mental infirmities, ignorance, illiteracy or inability to understand the language of the agreement, or similar factors.(4) In an action brought pursuant to this chapter, a charge or practice expressly permitted by this chapter is not unconscionable.
WV Code § 46A-7-110 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-110. Temporary Relief

With respect to an action brought to enjoin violations of this chapter or unconscionable agreements or fraudulent or unconscionable conduct, the Attorney General may apply to the court for appropriate temporary relief against a respondent, pending final determination of the proceedings. If the court finds after a hearing held upon notice to the respondent that there is reasonable cause to believe that the respondent is engaging in or is likely to engage in conduct sought to be restrained, it may grant any temporary relief or restraining order it deems appropriate.
WV Code § 46A-7-111 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-111. Civil Actions by Attorney General

(1) After demand, the Attorney General may bring a civil action against a creditor for making or collecting charges in excess of those permitted by this chapter. If it is found that an excess charge has been made, the court shall order the respondent to refund to the consumer the amount of the excess charge. If a creditor has made an excess charge in a deliberate violation of or in reckless disregard for this chapter, or if a creditor has refused to refund an excess charge within a reasonable time after demand by the consumer or the Attorney General, the court may also order the respondent to pay to the consumer a civil penalty in an amount determined by the court not in excess of the greater of either the amount of the sales finance charge or loan finance charge or ten times the amount of the excess charge. Refunds and penalties to which the consumer is entitled pursuant to this subsection may be set off against the consumer's obligation. If a consumer brings an action against a creditor to recover an excess charge or civil penalty, an action by the Attorney General to recover for the same excess charge shall be stayed while the consumer's action is pending and shall be dismissed if the consumer's action is dismissed with prejudice or results in a final judgment granting or denying the consumer's claim. With respect to excess charges arising from consumer credit sales made pursuant to revolving charge accounts or from consumer loans made pursuant to revolving loan accounts, no action pursuant to this subsection may be brought more than four years after the time the excess charge was made. With respect to excess charges arising from other consumer credit sales or consumer loans, no action pursuant to this subsection may be brought more than one year after the due date of the last scheduled payment of the agreement pursuant to which the charge was made. If the creditor establishes by a preponderance of evidence that a violation is unintentional or the result of a bona fide error, no liability to pay a penalty shall be imposed under this subsection.(2) The Attorney General may bring a civil action against a creditor or other person to recover a civil penalty for willfully violating this chapter, and if the court finds that the defendant has engaged in a course of repeated and willful violations of this chapter, it may assess a civil penalty of no more than $5,000 for each violation of this chapter. No civil penalty pursuant to this subsection may be imposed for violations of this chapter occurring more than four years before the action is brought.
WV Code § 46A-7-112 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-112. Jury Trial

In an action brought by the Attorney General under this chapter, he has no right to trial by jury.
WV Code § 46A-7-113 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-113. Consumer's Remedies Not Affected

The grant of powers to the Attorney General in this chapter does not affect remedies available to consumers under this chapter or under other principles of law or equity.
WV Code § 46A-7-114 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-114. Venue

The Attorney General may bring actions or proceedings under this chapter 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 § 46A-7-115 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 7. Administration|§46A-7-115. Notification

(1) Every person engaged in this state in making consumer credit sales or consumer loans, including any person subject to the provisions of section five-a, article twenty-three, chapter eleven of this code, as a result of their consumer lending or any person who regularly purchases retail installment contracts or other consumer paper from a business with which it is affiliated, 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 sales or loans, 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:(a) Name of the person;(b) Name in which business is transacted if different from subdivision (a) of this subsection;(c) Address of principal office, which may be outside this state;(d) Address of all of its offices, if any, in this state at which consumer loans are made, or in the case of a lender credit card, a description of its affiliation to any store chain, or national or regional credit card acceptance system, 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;(e) If consumer credit sales or consumer loans, including loans secured by real property, are made otherwise than at its retail store or office in this state, a brief description of the manner in which they are made;(f) Address of designated agent upon whom service of process may be made in this state; and(g) Whether regulated consumer loans are made.(2) If information in a notification becomes inaccurate after filing, accurate information must be filed within thirty days.(3) The provisions of this section are not applicable to a seller whose credit sales consist entirely of sales made pursuant to a seller's credit card so long as the issuer of the card has fully complied with the provisions of this section, nor are the provisions of this section applicable to a person whose consumer lending in West Virginia is incidental and confined to access through a nonproprietary automatic teller machine or similar electronic communication terminal.
WV Code § 46A-8-102 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 8. Operative Date and Provisions for Transition|§46A-8-102. Severability

If, for any reason, any article, section, sentence, clause, phrase or provision of this chapter or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other articles, sections, sentences, clauses, phrases or provisions or their application to any other person or circumstance, and to this end each and every article, section, sentence, clause, phrase or provision of this chapter is hereby declared to be severable.
WV Code § 46B-1-1 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 1. General Provisions; Purpose and Intent; Definitions|§46B-1-1. Short Title

This chapter shall be known and may be cited as the "West Virginia Consumer Goods Rental Protection Act".
WV Code § 46B-1-2 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 1. General Provisions; Purpose and Intent; Definitions|§46B-1-2. Scope

This chapter applies to any transaction, regardless of form, which creates a rental agreement for the rental of consumer goods, unless such transaction is specifically exempted from the application of this chapter by an express provision contained herein.
WV Code § 46B-1-3 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 1. General Provisions; Purpose and Intent; Definitions|§46B-1-3. Applicability of the Law of This State

With respect to consumer goods rented to a resident of this state under a rent-to-own agreement, compliance and the effect of compliance or noncompliance with the provisions of this chapter are governed by the law of this state.