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2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6L. Theft of Consumer Identity Protections › §46A-6L-101. Definitions

For the purposes of this article, the following terms have the following meanings:
(1) “Person” means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency or other entity.
(2) “Consumer” means an individual.
(3) “Consumer-reporting agency” means any entity which, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties.
(4) “Credit report” means any written, oral or other communication of any information by a consumer-reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living which is used or expected to be used or collected, in whole or in part, for the purpose of serving as a factor in establishing the consumer's eligibility for:
(A) Credit or insurance to be used primarily for a personal, family, household or agricultural purpose, except that nothing in this article authorizes or prohibits the use of credit evaluations, credit scoring or insurance scoring in the underwriting of personal lines of property or casualty insurance;
(B) Employment purposes; or
(C) Any other purpose authorized under Section 15 U.S.C. §1681b as in effect on the effective date of this article.
(5) “Security freeze” means a notice, at the request of the consumer and subject to certain exceptions, that prohibits the consumer-reporting agency from releasing all or any part of the consumer's credit report or any information derived from it without the express authorization of the consumer.
(6) “Reviewing the account” or “account review” includes activities related to account maintenance, monitoring, credit line increases and account upgrades and enhancements.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6L. Theft of Consumer Identity Protections › §46A-6L-103. Notice of Rights

(a) At any time that a consumer is required to receive a summary of rights required under Section 609 of the federal Fair Credit Reporting Act, 15 U.S.C. §1681g, as in effect on the effective date of this article, the following notice shall be included:
“West Virginia consumers have the right to obtain a security freeze.
You may obtain a security freeze on your credit report to protect your privacy and ensure that credit is not granted in your name without your knowledge. You have a right to place a security freeze on your credit report pursuant to West Virginia law.
The security freeze will prohibit a consumer-reporting agency from releasing any information in your credit report without your express authorization or approval.
The security freeze is designed to prevent credit, loans and services from being approved in your name without your consent. When you place a security freeze on your credit report, within five business days you will be provided a unique personal identification number or password to use if you choose to remove the freeze on your credit report or to temporarily authorize the distribution of your credit report for a period of time after the freeze is in place. To provide that authorization, you must contact the consumer-reporting agency and provide all of the following:
(1) The unique personal identification number or password provided by the consumer-reporting agency;
(2) Proper identification to verify your identity; and
(3) The period of time for which the report shall be available to users of the credit report.
A consumer-reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report shall comply with the request no later than three business days after receiving the request.
A security freeze does not apply to circumstances in which you have an existing account relationship and a copy of your report is requested by your existing creditor or its agents or affiliates for certain types of account review, collection, fraud control or similar activities.
If you are actively seeking credit, you should understand that the procedures involved in lifting a security freeze may slow your own applications for credit. You should plan ahead and lift a freeze, either completely if you are shopping around or specifically for a certain creditor, a few days before actually applying for new credit.
You have the right to bring a civil action against someone who violates your rights under the credit reporting laws. The action can be brought against a consumer-reporting agency."
(b) If a consumer requests information about a security freeze, he or she shall be provided with the notice provided in this section about how to place, temporarily lift and remove a security freeze.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6L. Theft of Consumer Identity Protections › §46A-6L-104. Violations; Penalties

(a) If a consumer-reporting agency negligently violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:
(1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.
(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.
(3) File a civil action against the consumer-reporting agency seeking:
(A) Injunctive relief to prevent or restrain further violation of the security freeze;
(B) Actual damages sustained or not more than $1,000, whichever is greater; and
(C) Reasonable expenses, court costs, investigative costs and attorney's fees.
(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.
(b) If a consumer-reporting agency willfully violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:
(1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.
(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.
(3) File a civil action against the consumer-reporting agency seeking:
(A) Injunctive relief to prevent or restrain further violation of the security freeze;
(B) Actual damages sustained or not more than $5,000, whichever is greater; and
(C) Reasonable expenses, court costs, investigative costs and attorney's fees.
(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6L. Theft of Consumer Identity Protections › §46A-6L-105. Unfair or Deceptive Acts or Practices

Any violation of this article constitutes an unlawful act or practice under the provisions of article six of this chapter regarding fraudulent acts or practices committed by a person in connection with a consumer transaction and shall be subject to the enforcement provisions of article seven of this chapter.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6M. Storm Scammer Consumer Protection Act › §46A-6M-1. Definitions

As used in this article:
(1) "Emergency repair" means a repair that is necessary to prevent the risk of imminent injury to a person or further damage to the homeowner's residence;
(2) "Residential real estate" means any real property located in West Virginia, upon which is constructed or intended to be constructed a dwelling;
(3) "Roof system" means the components of a roof to include, but not be limited to, covering, framing, insulation, sheathing, ventilation, guttering and weatherproofing; and
(4) "Roofing contractor" means a person or entity in the business of contracting or offering to contract with an owner of residential real estate to repair or replace a roof system.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6M. Storm Scammer Consumer Protection Act › §46A-6M-2. Consumer's Right to Cancel Residential Roofing Contract

(a) An owner, who on or after July 1, 2015, enters into a contract with a roofing contractor to provide goods or services related to a roof system of residential real estate and who expects the goods or services to be paid from the proceeds of a property and casualty insurance policy, may cancel the contract prior to midnight of the fifth business day after the owner has received notice from the insurer that all or part of the claim is not a covered loss under the property and casualty insurance policy.
(b) The contract with the roofing contract is cancelled when the owner either personally delivers written notice of cancellation to the roofing contractor; deposits the written notice of cancellation in the United States mail, postage prepaid and addressed to the roofing contractor at the address stated in the contract; transmits the notice of cancellation to the roofing contractor by facsimile; or sends an e-mails containing a notice of cancellation.
(c) The owner may use any form of notice of cancellation that is sufficient to indicate, by any form of written expression, the intention of the owner not to be bound by the contract.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6M. Storm Scammer Consumer Protection Act › §46A-6M-3. Roofing Contractor's Duty to Disclose Rights of the Consumer via Standard Form

Prior to entering into a contract on or after July 1, 2015, for the provision of goods or services relating to the repair or replacement of any part of a roof system of residential real estate as provided in section two of this article, a roofing contractor shall furnish the owner of the residential real estate with:
(1) The mailing address of the roofing contractor through which written communication may be received;
(2) The telephone number of the roofing contractor and, if applicable, the facsimile number and e-mail address of the contractor;
(3) A statement in at least ten point boldface type that states: "Because you expect all or part of the cost of the roofing repair or replacement to be paid out of the proceeds of a property and casualty insurance policy, you may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation you may have under state or federal law or rule or regulation. However, be advised that if you cancel this contract, you are still responsible to pay the reasonable and customary expenses of any emergency repair services you authorized. See the attached Notice of Cancellation form for an explanation of this right."; and
(4) A fully completed form in duplicate, under the conspicuous caption "NOTICE OF CANCELLATION," and attached to, but easily detachable from the contract, in at least ten point boldface type that shall read as follows:
"NOTICE OF CANCELLATION
(enter date of transaction)
If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel this contract without penalty or monetary obligation, except where you have authorized emergency repair services for which you are still responsible for payment, before midnight of the fifth business day after you have received notice from your insurer. To cancel this transaction you may use any of the following methods: Mail or otherwise deliver a signed and dated copy of this cancellation notice, or any other written notice of cancellation which you- sign-and date, to (enter physical address of roofing contractor), or e-mail a notice of cancellation to (enter e-mail address of roofing contractor), or transmit a notice of cancellation to (enter facsimile number of roofing contractor), not later than midnight of the fifth day after you receive notice from your insurer. By signing below, you certify that your insurer has denied all or part of your claim.
I HEREBY ATTEST THAT I HAVE BEEN NOTIFIED BY THE INSURER THAT ALL OR PART OF MY CLAIM HAS BEEN DENIED AND I HEREBY CANCEL THIS TRANSACTION.
(Date)
(Buyer's Signature)"
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6M. Storm Scammer Consumer Protection Act › §46A-6M-4. Advanced Payments Prohibited; Refunds; Emergency Repairs; Unenforceable Contract

(a) Except as provided in subsection (c) of this section, on or after July 1, 2015, a roofing contractor may not require any advance payments under a contract for the repair or replacement of any part of a roof system of a residential real estate, when payment is expected to be made from the proceeds of a property or casualty insurance policy until the cancellation period, as provided in section two of this article has expired.
(b) Within ten days after a contract has been canceled, as provided in section two of this article, a roofing contractor shall tender to the owner, any payments, partial payments, or deposits made, and any note or other evidence of indebtedness, except as provided in subsection (c) of this section.
(c) A roofing contractor that performs any emergency repair services authorized by the owner of residential real estate, may collect a reasonable and customary amount for the emergency repair services performed for the authorizing owner.
(d) Any provision in a contract executed on or after July 1, 2015, for the repair of a roof system of residential real estate, as provided in sections one and five of this article, that requires the payment of any fee, except for repair services performed under subsection (c) of this section, is not enforceable against any person who has canceled a contract under section two of this article.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6M. Storm Scammer Consumer Protection Act › §46A-6M-5. Roofing Contractors; Prohibited Acts

(a) Notwithstanding the provisions relating to public adjusters, as defined in section one-e, article twelve-b, chapter thirty-three of this code, on or after July 1, 2015, a roofing contractor may not represent, negotiate, or advertise to represent or negotiate on behalf of an owner of residential real estate on any insurance claim in connection with the repair or replacement of a roof system. Nothing in this subsection may be construed to prohibit a roofing contractor from:
(1) Providing an estimate for repair, replacement, construction or reconstruction of the roof system to the owner of residential real estate; or
(2) Conferring with an insurance company's representative about damage to the property after a claim has been submitted by the owner of residential real estate.
(b) On or after July 1, 2015, a roofing contractor or person representing a roofing contractor may not:
(1) Offer to pay or rebate all or any portion of an insurance deductible or claims proceeds as an inducement to the sale of goods or services related to a residential roofing contract;
(2) Pay the owner of residential real estate for whom services have been performed pursuant to this article for any reason or any form of compensation, including, but not limited to a:
(A) Bonus;
(B) Coupon;
(C) Credit;
(D) Gift;
(E) Prize;
(F) Referral fee; or
(G) Any other tangible item having a monetary value.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6M. Storm Scammer Consumer Protection Act › §46A-6M-6. Private Remedies for Violation of Article; Criminal Penalties

(a) If a roofing contractor violates the provisions of this article, the owner or the applicable insurer may bring an action against the roofing contractor in a court of competent jurisdiction for damages sustained by the owner or insurer as a consequence of the roofing contractor's violation.
(b) A roofing contractor who willfully violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or confined in jail not more than one year, or both fined and confined.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6N. Consumer Litigation Financing › §46A-6N-1. Definitions

For purposes of this article:
(1) "Consumer" means any natural person who resides, is present, or is domiciled in this state;
(2) "Litigation financier" means a person, entity, or partnership engaged in the business of litigation financing; and
(3) "Litigation financing" or "litigation financing transaction":
(A) Means a nonrecourse transaction in which financing is provided to a consumer in return for a consumers assigning to the litigation financier a contingent right to receive an amount of the potential proceeds of the consumers judgment, award, settlement, or verdict obtained with respect to the consumers legal claim; and
(B) Does not include:
(i) Legal services provided on a contingency fee basis, or advanced legal costs, where such services or costs are provided to or on behalf of a consumer by an attorney representing the consumer in the dispute and in accordance with the West Virginia Rules of Professional Conduct;
(ii) A consumer loan, as defined by §46A-1-102 of this code;
(iii) A commercial tort claim, as defined by §46-9-102 of this code;
(iv) A claim under the Workers" Compensation Law, compiled in chapter 23 of this code; or
(v) Normal or course of business lending or financing arrangements between an attorney or law firm and a lending institution.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6N. Consumer Litigation Financing › §46A-6N-2. Litigation Financier; Registration; Bond; Public Record; Rules

(a)(1) No litigation financier shall engage in a litigation financing transaction in this state unless it is registered as a litigation financier in this state.
(2) A litigation financier that is a business entity or partnership is registered in this state if:
(A) It is in compliance with the bond requirements of §46A-6N-2(b) of this code;
(B) It has a status of active and is in good standing as reflected in the records of the Secretary of State; and
(C) Its charter, articles of organization, certificate of limited partnership, or other organizational document, or, if a foreign entity, its West Virginia application for a certificate of authority, contains a statement that it shall be designated as a litigation financier pursuant to this article.
(3) A litigation financier that is not a business entity or partnership is registered in this state if:
(A) It is in compliance with the bond requirements of §46A-6N-2(b) of this code; and
(B) It files an application for registration as a litigation financier on a form prescribed by the Secretary of State that contains the following:
(i) Applicants full legal name;
(ii) Business name of applicant, if any;
(iii) Physical street address and mailing address of the applicant;
(iv) A telephone number through which the applicant can be reached;
(v) The name, physical street address, mailing address, and telephone number for a West Virginia registered agent appointed to accept service of process on behalf of the applicant;
(vi) A statement that the applicant shall be designated as a litigation financier pursuant to this article; and
(vii) Any other information the Secretary of State deems necessary.
(b)(1) Each litigation financier shall file with the Secretary of State and have approved by the Office of the West Virginia Attorney General a surety bond or irrevocable letter of credit issued and confirmed by a financial institution authorized by law to transact business in the state of West Virginia in an amount not less than $50,000.
(2) Such bond shall be payable to this state for the use of the Attorney General and any person who may have a cause of action against the obligor of the bond for any violation of this article. The bond shall continue in effect so long as a litigation financier is designated as a litigation financier in the records of the Secretary of State.
(c) A litigation financier shall amend its registration with the Secretary of State within 30 days whenever the information contained in such record changes or becomes inaccurate or incomplete in any respect.
(d) The Secretary of State, as appropriate, may promulgate rules in implementing this article, including, but not limited to, the adoption of fees to cover any administrative costs relating to administering this article.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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-1-4. Legislative Purpose and Intent

The underlying purposes and intent of this chapter are as follows:
(1) To simplify and clarify the law governing contracts for the rental of consumer goods;
(2) To assure an adequate means for consumers to enter into contracts for the rental of consumer goods at an affordable price, so that consumers are financially able to comply with the terms of such contracts;
(3) To further consumer understanding of the terms of agreements which involve the purchase or rental of consumer goods;
(4) To foster competition among dealers or rent-to-own dealers who supply consumer goods under rental agreements, so that consumers may rent such consumer goods at a reasonable cost;
(5) To protect consumers against unfair practices by some dealers, while having due regard for the interests of legitimate and scrupulous dealers; and
(6) To permit and encourage the development and use of fair and economically sound business practices on the part of dealers, as well as promoting the practice of thrift and the exercise of good judgment by consumers prior to their entering into agreements for the purchase or rental of consumer goods.
2023 West Virginia Code › Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements › Article 2. Formation and Construction of Agreements for the Rental of Consumer Goods › §46B-2-1. Statute of Frauds

(a) A rental agreement is not enforceable by a dealer by way of action or defense unless there is a writing, signed by both the dealer or his or her agent or employee and the consumer, sufficient to indicate that a rent-to-own agreement has been made between the parties, reasonably identifying and describing the consumer goods to be rented. Any purported rent-to-own agreement entered into without a written agreement may be voided by the consumer, who may return the consumer goods and be refunded all amounts previously paid to the dealer under the purported rental agreement.
(b) A rental agreement is not enforceable by a dealer against a consumer unless the written agreement contains all disclosures required by the provisions of this chapter, and unless a copy of the written agreement is delivered to the consumer contemporaneously with the execution of the written agreement. Any written agreement executed by a consumer which does not comply with the requirements of this subsection may be voided by the consumer.
2023 West Virginia Code › Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements › Article 2. Formation and Construction of Agreements for the Rental of Consumer Goods › §46B-2-2. Unconscionability

(a) If the court as a matter of law finds a rental agreement or any clause of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, or it may enforce the remainder of the rental agreement without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(b) With respect to a consumer rental agreement, if the court as a matter of law finds that a rental agreement or any clause of a rental agreement has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a rental agreement, the court may grant appropriate relief.
(c) Before making a finding of unconscionability under subsection (a) or (b) of this section, the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or clause thereof, or of the conduct.
(d) In an action in which the consumer claims unconscionability with respect to a rental agreement:
(1) If the court finds unconscionability under subsection (a) or (b) of this section, the court shall award reasonable attorney's fees to the consumer.
(2) If the court does not find unconscionability and the consumer claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney's fees to the dealer against whom the claim is made.
(3) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (a) and (b) of this section is not controlling.
2023 West Virginia Code › Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements › Article 2. Formation and Construction of Agreements for the Rental of Consumer Goods › §46B-2-3. Express Warranties

(a) Express warranties by the dealer are created as follows:
(1) Any affirmation of fact or promise made by the dealer to the consumer which relates to the consumer goods is part of the basis of the bargain and creates an express warranty that the consumer goods will conform to the affirmation or promise;
(2) Any description of the consumer goods is part of the basis of the bargain and creates an express warranty that the consumer goods will conform to the description;
(3) Any sample or model exhibited to the consumer by the dealer is part of the basis of the bargain and creates an express warranty that the consumer goods actually delivered to the consumer will conform to the sample or model.
(b) It is not necessary to the creation of an express warranty that the dealer use formal words, such as "warrant" or "guarantee", or that the dealer have a specific intention to make a warranty, but an affirmation merely of the value of the consumer goods or a statement purporting to be merely the dealer's opinion or commendation of the consumer goods does not create a warranty.