reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6F. Telemarketing › §46A-6F-304. Record Keeping Requirements

(a) A telemarketer shall keep for a period of four years from the date the record is produced the following records related to its telemarketing activities:
(1) One of each advertisement, brochure and other promotional materials;
(2) The name and last known address of each prize recipient and the prize awarded for prizes that are represented, directly or by implication, to have a value of $25 or more;
(3) The name and last known address of each customer, the goods or services purchased, the date such goods or services were shipped or provided, and the amount paid by the customer for the goods or services;
(4) The name, last known home address and telephone number, and the job title for all current and former employees directly involved in telephone sales;
(5) All verifiable authorizations required to be provided or received under this article; and
(6) A copy of all scripts, outlines or presentation material the seller will require the telemarketer to use when soliciting, as well as all sales information to be provided by the seller to a purchaser in connection with any solicitation.
(b) A seller or telemarketer may keep the records required by subsection (a) of this section in any form, and in any manner, format, or place as they keep such records in the ordinary course of business. Failure to keep all records required by subsection (a) of this section shall be a violation of this article.
(c) The telemarketer is responsible for complying with the above provisions.
(d) In the event of any dissolution or termination of the seller's or telemarketer's business, the principal of that telemarketer shall maintain all records as required under this section. In the event of any sale, assignment or other change in ownership of the seller's business, the successor shall maintain all records required under this section.
(e) (1) The division may require a telemarketer to file true copies of all scripts, outlines and promotional material and any modifications thereto with the division of consumer protection for a time period to be determined by the division. Such filing may be required upon an investigation and finding by the division that:
(A) A telemarketer is using scripts, outlines or presentation material that contain material misrepresentations or that fail to state material facts; or
(B) A telemarketer is deviating from scripts, outlines or presentation material so as to make material misrepresentations or to fail to state material facts.
(2) The Attorney General shall comply with the requirements of article five, chapter twenty-nine-a of this code for hearings requested pursuant to Part III.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6F. Telemarketing › §46A-6F-401. Mandatory Disclosures

§46A-6F-401. Mandatory disclosures.
(a) A telemarketer shall promptly disclose, in a clear and conspicuous manner, the following material information when making a telemarketing communication with a consumer:
(1) The true identity of the telemarketer;
(2) That the purpose of the call is to sell consumer goods or services; and
(3) The nature of the goods or services offered for sale.
(b) Before a consumer pays for the goods or services offered for sale, the telemarketer shall disclose, in a clear and conspicuous manner, the following material information:
(1) The total costs to purchase, receive or use the consumer goods or services that are the subject of the telemarketing communication;
(2) The quantity of the consumer goods or services that are the subject of the telemarketing solicitation;
(3) All material restrictions, limitations or conditions to purchase, receive, or use the consumer goods or services that are the subject of the telemarketing solicitation;
(4) All material aspects of the performance, quality, efficacy, nature or basic characteristics of the consumer goods or services that are the subject of the telemarketing solicitation;
(5) All material aspects of the nature or terms of the telemarketer's refund, cancellation, exchange or repurchase policies;
(6) All material aspects of a prize promotion, disclosed prior to requesting the consumer to enter into a sale or lease, including, but not limited to, the following:
(A) A description of the prizes, gifts or awards offered or to be given to consumers participating in the prize promotion;
(B) A statement of the true retail value of each prize, gift or award offered or to be given to participating consumers;
(C) A clear identification of the person or entity on whose behalf the contest or promotion is conducted;
(D) A description of all material conditions which a participant must satisfy;
(E) A clear and unequivocal statement that the consumer is not required to make any purchase, lease or rental of consumer goods or services in order to qualify for any prize, gift or award or to otherwise participate in the prize promotion;
(F) A clear and unequivocal statement that the consumer is not required to pay any handling or shipping costs or to make any other payment of any kind in order to win or receive a prize, gift or award or to otherwise participate in the prize promotion;
(G) The actual numbers of the prizes, gifts or awards to be awarded;
(H) The odds of receiving a prize, gift or award; and
(I) A clear explanation of the no-purchase/no-payment method of participating in the prize promotion, with instructions on how to participate.
(7) All material aspects of any investment opportunity being offered, including, but not limited to, a description of the following factors:
(A) Risk;
(B) Liquidity;
(C) Earnings potential;
(D) Profitability;
(E) Benefits; and
(F) If applicable, the value, price and location of any real or personal property that the consumer will acquire by investing.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6F. Telemarketing › §46A-6F-402. Accepting Returns or Canceling Services

(a) Every telemarketer shall, at a minimum, have the following policy:
(1) Accepting returns or canceling services for a period of not less than seven days after the date of delivery to the consumer and providing a cash refund for a cash purchase or issuing a credit for a credit purchase, which credit is applied to the account to which the purchase was debited in connection with the return of its unused and undamaged merchandise or canceled services. For purposes of this subsection, it will be presumed that goods were received seven days after they were mailed unless it can be clearly demonstrated that the goods were not received or received at a later date;
(2) Disclosing the telemarketer's return and refund policy to the buyer, orally by telephone or in writing with advertising, promotional material, or with delivery of the products or service; and
(3) Restoring such payment or issuing such credit, as required under subdivision (1) of this section, within thirty days after the date on which the telemarketer receives returned merchandise or notice of cancellation of services. A seller who discloses, in writing, that a sale is made or provided ?satisfaction guaranteed", with ?free inspection," ?no risk guarantee", or similar words or phrases, shall be deemed to meet the requirements of the review and return for refund policy set forth in this subparagraph.
(b) Failure to comply with the provisions of this section is unfair or deceptive act or practice.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6F. Telemarketing › §46A-6F-502. Causes of Action Arising Out of Unfair or Deceptive Acts or Practices; Limitation of Actions

(1) If a telemarketer violates the provisions of section five hundred one of this article, the consumer has a cause of action to recover actual damages and, in addition, a right to recover from the violator a penalty in an amount, to be determined by the court, of not less than $100 nor more than $3,000. No action brought pursuant to the provisions of this subsection may be brought more than two years after the date upon which the violation occurred or the due date of the last scheduled payment of the agreement, whichever is later.
(2) If a telemarketer violates the provisions of section five hundred one of this article, any sale or lease of consumer goods or services is void and the consumer is not obligated to pay either the principal or any finance charge. If the consumer has paid any part of the principal or of the finance charge, he or she has a right to recover the payment from the violator or from any assignee of the violator's rights who undertakes direct collection of payments or enforcement of rights arising from the debt.
(3) A consumer is not obligated to pay a charge in excess of that allowed by the sales agreement, and if the consumer has paid an excess charge, he or she has a right to a refund. A refund may be made by reducing the consumer's obligation by the amount of the excess charge. If the consumer has paid an amount in excess of the lawful obligation under the agreement, the consumer may recover in an action the excess amount from the person who made the excess charge or from an assignee of that person's rights who undertakes direct collection of payments from or enforcement of rights against the consumer arising from the debt.
(4) If a telemarketer has contracted for or received a charge in excess of that allowed by the sales agreement, the consumer may, in addition to recovering such excess charge, also recover from the telemarketer or the person liable in an action a penalty in an amount determined by the court not less than $100 nor more than $3,000. No action brought pursuant to the provisions of this subsection may be brought more than two years after the date upon which the violation occurred or the due date of the last scheduled payment of the agreement, whichever is later.
(5) A telemarketer has no liability for a penalty under subsection (1) or subsection (4) of this section if, within fifteen days after discovering an error, and prior to the institution of an action under this section or the receipt of written notice of the error, the telemarketer notifies the consumer of the error and corrects the error.
(6) If the telemarketer establishes by a preponderance of evidence that a violation is unintentional or the result of a bona fide error of fact notwithstanding the maintenance of procedures reasonably adapted to avoid any such violation or error, no liability is imposed under subsections (1), (2) and (4) of this section, and the validity of the transaction is not affected.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6F. Telemarketing › §46A-6F-503. Operating a Criminal Recovery Service; Penalties

(a) A person is guilty of operating a criminal recovery service when the person:
(1) Makes a representation that he will recover all or any portion of the consideration that a consumer has paid to a telemarketer in response to a telemarketing solicitation;
(2) Does not intend to make such recovery or has no reasonable expectation to anticipate that recovery will be made; and
(3) Receives any remuneration from the consumer before a recovery of consideration is made.
(b) Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional center not less than one year nor more than ten years, or fined not more than $5,000 and confined in a state correctional center not less than one year nor more than ten years.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6F. Telemarketing › §46A-6F-601. Abusive Acts or Practices

§46A-6F-601. Abusive acts or practices.
(a) It is an abusive telemarketing act or practice and a violation of this article for any telemarketer to engage in the following conduct:
(1) Threaten, intimidate or use profane or obscene language;
(2) Engage any person repeatedly or continuously with behavior a reasonable person would deem to be annoying, abusive or harassing;
(3) Initiate an outbound telephone call to a person when that person previously has stated that he or she does not wish to receive an outbound telephone call made by or on behalf of the telemarketer whose goods or services are being offered;
(4) Engage in telemarketing to a person's residence at any time other than between eight a.m. and nine p.m. local time, Monday through Sunday, at the called person's location; or
(5) Engage in any other conduct which would be considered abusive to any reasonable consumer.
(b) A telemarketer will not be liable for violating subdivision (3), subsection (a) of this section if:
(1) It has established and implemented written procedures to avoid outbound telephone calls to persons who have previously stated that they do not wish to receive such calls;
(2) It has trained its personnel in the procedures established pursuant to subdivision (1) of this subsection;
(3) The telemarketer has maintained and recorded lists of persons who have previously stated that they do not wish to receive such calls; and
(4) Any subsequent call is the result of error.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6F. Telemarketing › §46A-6F-701. Civil Remedies

§46A-6F-701. Civil remedies.
(a) If a telemarketer violates the provisions of section six hundred one of this article, the consumer has a cause of action to recover actual damages and, in addition, a right to recover from the violator a penalty in an amount, to be determined by the court, of not less than$100 nor more than $3,000. No action brought pursuant to the provisions of this subsection may be brought more than two years after the date upon which the violation occurred or the due date of the last scheduled payment of the agreement, whichever is later.
(b) If a telemarketer violates the provisions of section six hundred one of this article, any sale or lease of consumer goods or services is void and the consumer is not obligated to pay either the principal or any finance charge. If the consumer has paid any part of the principal or of the finance charge, he or she has a right to recover the payment from the violator or from any assignee of the violator's rights who undertakes direct collection of payments or enforcement of rights arising from the debt.
(c) Any consumer that suffers harm as a result of any abusive act or practice shall receive injunctive or declaratory relief.
(d) The state, on behalf of its residents who have suffered a loss or harm as a result of a violation of this article, may seek injunctive or declaratory relief, actual damages, consumer restitution, civil penalties, forfeiture of bond, attachment of property, costs, attorney's fees and any other remedies available to the division under the provisions of this chapter or otherwise provided by law.
(e) In any action brought under this article where damages are awarded to a consumer, the court may adjust the damages to account for inflation from July 1, 1998, to the time of the award of damages, in an amount determined by the application of data from the consumer price index. Consumer price index means the last consumer price index for all consumers published by the United States department of labor.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6F. Telemarketing › §46A-6F-702. Remedies Not Exclusive

Nothing contained in this article shall be construed to adversely alter or affect a right or benefit accruing to a consumer or the state in accordance with other provisions of this chapter, or to limit any civil or criminal remedy otherwise provided for by law. In the case of provisions contained in this article that exempt a person from the requirements of this article or that otherwise limit the applicability of this article to a person, those provisions are exclusive to this article and shall not be construed to otherwise exempt a person or to limit the applicability of any other provisions of this code.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6F. Telemarketing › §46A-6F-703. Service of Process on Certain Nonresidents

Any nonresident person, except a nonresident corporation authorized to do business in this state pursuant to the provisions of chapter thirty-one of this code, who directs telemarketing solicitations to persons residing in this state, shall be conclusively presumed to have appointed the Department of Tax and Revenue as his attorney-in-fact with authority to accept service of notice and process in any action or proceeding brought against him arising out of such consumer credit sale, consumer lease or consumer loan. A person shall be considered a nonresident hereunder if he is a nonresident at the time such service of notice and process is sought. No act of such person appointing the Department of Tax and Revenue shall be necessary. Immediately after being served with or accepting any such process or notice, of which process or notice two copies for each defendant shall be furnished the Department of Tax and Revenue with the original notice or process, together with the fee required by section two, article one, chapter fifty-nine of this code, the Department of Tax and Revenue shall file in his office a copy of such process or notice, with a note thereon endorsed of the time of service or acceptance, as the case may be, and transmit one copy of such process or notice by registered or certified mail, return receipt requested, to such person at his address, which address shall be stated in such process or notice: Provided, That such return receipt shall be signed by such person or an agent or employee of such person if a corporation, or the registered or certified mail so sent by said Department of Tax and Revenue is refused by the addressee and the registered or certified mail is returned to said Department of Tax and Revenue, or to his office, showing thereon the stamp of the U.S. postal service that delivery thereof has been refused, and such return receipt or registered or certified mail is appended to the original process or notice and filed therewith in the clerk's office of the court from which such process or notice was issued. But no process or notice shall be served on the Department of Tax and Revenue or accepted fewer than ten days before the return date thereof. The court may order such continuances as may be reasonable to afford each defendant opportunity to defend the action or proceeding.
The provisions for service of process or notice herein are cumulative and nothing herein contained shall be construed as a bar to the plaintiff in any action from having process or notice in such action served in any other mode and manner provided by law.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6G. Electronic Mail Protection Act › §46A-6G-1. Definitions

As used in this article:
(1) "Bulk electronic mail message" means an electronic mail message sent in bulk to users of an interactive computer service who have not requested or solicited the message. Unauthorized for purposes of a bulk electronic mail message, means a bulk electronic mail message sent in quantity in contravention of the authorization granted by or in violation of the policies or contractual rights of the electronic mail service provider.
(2) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.
(3) "Initiate the transmission" means the action by the original sender of an electronic mail message, not the action by any intervening interactive computer service that may handle or retransmit the message.
(4) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet.
(5) "Internet domain name" means a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.
(6) "Person" means any individual, corporation, partnership, association, limited liability company or any other form or business association.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6G. Electronic Mail Protection Act › §46A-6G-2. Limitations on Unauthorized Electronic Mail

No person may initiate the transmission of an unauthorized electronic mail message with the intent to deceive and defraud, or a bulk electronic mail message from a computer located in the State of West Virginia or to an electronic mail address that the sender knows, or has reason to know, is held by a West Virginia resident that:
(1) Uses a third party's Internet domain name without the permission of the third party, or otherwise misrepresents any information in identifying the point of origin or the transmission path of a commercial electronic mail message;
(2) Contains false or misleading information in the subject line;
(3) Does not clearly provide the date and time the message is sent, the identity of the person sending the message, and the return electronic mail address of that person; or
(4) Contains "sexually explicit materials" which are defined as a visual depiction, in actual or simulated form, or an explicit description in a predominately sexual context, nudity, human genitalia, or any act of natural or unnatural sexual intercourse.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6G. Electronic Mail Protection Act › §46A-6G-3. Interactive Computer Service Authority; Liability

(1) An interactive computer service may block the receipt or transmission through its service of any bulk electronic mail that it reasonably believes is, or will be, sent in violation of this article.
(2) An interactive computer service may disconnect or terminate the service of any person that is in violation of this article.
(3) No interactive computer service may be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any bulk electronic mail which it reasonably believes is, or will be, sent in violation of this article; nor will any interactive computer service be held liable for any action voluntarily taken in good faith to disconnect or terminate the service of any person that is in violation of this article.
(4) No interactive computer service or public utility will be liable for merely transmitting a bulk electronic mail message on its network.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6G. Electronic Mail Protection Act › §46A-6G-4. Sale or Possession of Enabling Software Prohibited

No person may sell, give or otherwise distribute or possess with the intent to sell, give or distribute software that:
(1) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
(2) Has only a limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
(3) That is marketed by that person or another acting in concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6G. Electronic Mail Protection Act › §46A-6G-5. Violations; Right of Action for Injunction, Damages

(a) No person or organization may initiate an unauthorized bulk electronic mail message in violation of this article.
(b) A recipient of an unauthorized bulk electronic mail message in violation of this article may bring an action to recover actual damages for any injury sustained by the receipt of an unauthorized bulk electronic mail message. In lieu of actual damages, a minimum damage assessment of $1,000 may be recovered for violations of this article. Punitive damages may be awarded for the willful failure to cease initiating unauthorized bulk electronic mail messages. Court costs and reasonable attorney fees may be awarded for violations of this article.
(c) A recipient of an unauthorized bulk electronic mail message initiated in violation of this article may bring an action to enjoin the initiator from sending any further unauthorized bulk electronic mail messages. Any court costs or other costs incident to such action including reasonable attorney fees may be awarded.
(d) Initiating an unauthorized bulk electronic mail message to any computer or computer network located in this state shall constitute an act in the state for the purposes of section thirty-three, article three, chapter fifty-six of this code.
(e) Any interactive computer service provider or public utility whose property or person is injured by any violation of this article may bring an action to recover for any damages sustained, including, but not limited to, loss of profits. In addition, court costs and attorney fees may be recovered. The service provider may elect, in lieu of actual damages, to recover $10 for each and every unauthorized bulk electronic mail message transmitted in violation of this article, or $25,000 per day, whichever is greater.
(f) The provisions of this section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6H. Transfers of Right to Receive Future Payments › §46A-6H-2. Disclosure Requirements Prior to Transfer

(a) In order for any transfer by a consumer to a transferee to be effective, the transferee shall provide the following disclosures in writing, in bold, twelve point type, to the consumer at least fourteen days prior to the earlier of the closing date or the hearing on the transfer when court approval is required by the provisions of this article:
(1) The amount of each future payment to be transferred by the consumer and the date such payments were due to the consumer;
(2) The aggregate amount of the future payments to be transferred by the consumer;
(3) The discounted present value of the future payments to be transferred by the consumer and the discount rate used in the calculation, as determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity as issued by the United States Internal Revenue Service;
(4) The discount rate used in subdivision (3) of this section stated in terms of an annual percentage rate;
(5) The lump sum payable to the consumer in exchange for transferring the future payments;
(6) A good faith estimate of all commissions, fees, rebates, service charges, application fees, processing fees, closing costs, filing fees, administrative charges and other commissions, fees, costs, expenses and charges to be paid by the consumer or deducted from the lump sum in connection with the transfer;
(7) The net amount payable to the consumer after the deduction of all commissions, fees, costs, expenses and charges described in subdivision (6) of this section; and
(8) A statement that there may be adverse tax consequences affecting the consumer as a result of the transfer and that the consumer is advised to seek the advice of an attorney or accountant.
(b) The transferee shall also provide written notice to all interested parties at least fourteen days prior to the earlier of the closing date of the transfer or the hearing when court approval is required including:
(1) The closing date of the transfer, or the date, time and place of the hearing;
(2) A copy of the disclosure statement required by subsection (a) of this section; and
(3) The name, address and taxpayer identification number of the transferee.
(c) If the transfer requires court approval pursuant to section three of this article, then the transferee shall also provide the disclosure statement required by subsection (a) of this section to the court and the guardian ad litem, if one is named by the court.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6H. Transfers of Right to Receive Future Payments › §46A-6H-4. Prohibiting Transfer Agreements of Workers' Compensation Claims and Other Transfer Agreements That Contravene Law

Any agreement to transfer future payments arising under a workers' compensation claim is prohibited as is any other agreement to transfer future payments that would contravene existing law.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6H. Transfers of Right to Receive Future Payments › §46A-6H-5. Right of Recision

(a) Any consumer who enters into a transfer agreement shall have an absolute, nonwaiveable right of recision for five business days following the closing date of the transfer. During the five-day recision period, the consumer may rescind the transfer agreement by phone, mail or facsimile, effective upon receipt, without penalty or further obligation to the transferee, except that any amounts advanced by the transferee to the consumer in contemplation of the transfer shall be immediately refunded to the transferee.
(b) When a transfer requires court approval, the consumer may rescind without penalty until the court order is entered appointing a guardian ad litem. When the consumer dismisses the action after the appointment of a guardian ad litem or rescinds the transfer agreement within five business days of court approval of the transfer, the consumer shall be responsible for the filing fee and any guardian ad litem fees.
(c) Notice of the right of recision shall be provided to the consumer in writing by the transferee prior to the time of closing.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6H. Transfers of Right to Receive Future Payments › §46A-6H-6. Remedies; Effective Date; Nonwaiver

(a) This article shall apply to transfer agreements of future payment rights executed after the effective date of this article. Nothing in this article shall be construed to impair, limit, affect or otherwise apply to any transfer agreement executed prior to the effective date of this article.
(b) A violation of a provision of this article by the transferee is an unfair or deceptive act or practice in the conduct of commerce pursuant to the provisions of article six, section one hundred four of this chapter. The remedy provided for in this section is in addition to other remedies provided for by law.
(c) The provisions of this article may not be waived.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6H. Transfers of Right to Receive Future Payments › §46A-6H-7. Protection From Liability to Consumer

When an interested party makes payments to the transferee pursuant to a court order of approval or a transfer agreement executed in accordance with the provisions of this article, the interested party and the transferee are not liable to the consumer or other interested party for the transfer of the consumer's future payments.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6H. Transfers of Right to Receive Future Payments › §46A-6H-8. Registration With the Secretary of State

(a) A transferee or other person in the business of soliciting or purchasing future payments shall file a registration statement with the Secretary of State before advertising or arranging transfers of consumer's future payment rights in this state. The registration statement shall contain:
(1) The name and address of the transferee;
(2) The name and address of the transferee's agent for service of process within the state, or if the company does not have one within the state, a statement that the Secretary of State will serve as the agent for service of process; and
(3) A full and complete disclosure of any prior or pending litigation involving alleged violations of this article's provisions or consumer complaints filed with the Attorney General's office of this state that allege violations of this article's provisions, or a notarized statement that there has been no such litigation or unresolved complaint relating to the operations of the transferee.
(b) The transferee shall update the statement within thirty days after a change of information occurs.
(c) Each transferee registering pursuant to the provisions of this section shall maintain a copy of the registration statement. The transferee shall allow a consumer, interested party or court to inspect the registration statement on request.
(d) The Secretary of State may charge each transferee that files a registration statement with the Secretary of State a reasonable fee not to exceed $100 to cover the cost of filing.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6I. Consumer Protections in Electronic Transactions › §46A-6I-1. Definitions

(a) For purposes of this article, the terms herein have the meaning ascribed in section two, article one, chapter thirty-nine-a of this code.
(b) "Consumer transaction" means a transaction involving an individual with respect to or primarily affecting personal, family, household or agricultural purposes.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6I. Consumer Protections in Electronic Transactions › §46A-6I-3. Receipt of Electronic Record

Notwithstanding the provisions of article one, chapter thirty-nine-a of this code, in a consumer transaction, an electronic record is not sent to or received by a party if the sender has actual knowledge that such party did not actually receive the electronic record. In that case, the sender's sole obligation shall be to take reasonable steps to attempt redelivery using information in the sender's files. This redelivery requirement is satisfied if the sender sends the electronic record to a different electronic mail address or to a postal address the sender has on file.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6I. Consumer Protections in Electronic Transactions › §46A-6I-4. Electronic Transferable Records

(a) In addition to the provisions of article one, chapter thirty-nine-a of this code, this section applies to transferable records in a consumer transaction.
(b) If payment is made to a person indicated to be in control of a transferable record, as described in section sixteen, article one of this chapter, by a system employed for evidencing the transfer of interest in the transferable records, then the obligor is discharged to the extent of the payment as permitted by article three, chapter forty-six of this code.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6I. Consumer Protections in Electronic Transactions › §46A-6I-5. Relationship With Federal and State Law

The requirements of this article are intended to supplement, not to modify, limit, or supersede, the requirements of the federal Electronic Signatures in Global and National Commerce Act, Public Law No. 106-229, 15 U.S.C. 7001 or article one of this chapter.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6I. Consumer Protections in Electronic Transactions › §46A-6I-7. Severability

If any provision of this article be found by a court of competent jurisdiction to be unenforceable under the Constitution of this state or the laws and Constitutions of the United States, the remaining provisions of this article shall be severable and shall continue in full force and effect.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6J. Protection of Consumers From Price Gouging and Unfair Pricing Practices During and Shortly After a State of Emergency › §46A-6J-1. Emergencies and Natural Disasters - Taking Unfair Advantage of Consumers

The Legislature finds that during emergencies and major disasters, including, but not limited to, tornadoes, earthquakes, fires, floods, storms or civil disturbances or where a large-scale threat exists, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods or services. While the pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, when a declared state of emergency or state of preparedness results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of essential consumer goods and services be prohibited. It is the intent of the Legislature in enacting this article to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency or state of preparedness for goods and services that are vital and necessary for the health, safety and welfare of consumers. Further, it is the intent of the Legislature that this article be liberally construed so that its beneficial purposes may be served.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6J. Protection of Consumers From Price Gouging and Unfair Pricing Practices During and Shortly After a State of Emergency › §46A-6J-2. Definitions

(a) "Building materials" means lumber, construction tools, windows, and any other item used in the building or rebuilding of property.
(b) "Consumer food item" means any article that is used or intended for use for food or drink by a person or animal.
(c) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, loss of life, or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, snow, storm, chemical or oil spill, or other water or soil contamination, epidemic, air contamination, blight, drought, infestation, or other public calamity requiring emergency action.
(d) "Emergency supplies" includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, generators, heaters, and temporary shelters.
(e) "Essential consumer item" means any article that is necessary to the health, safety, and welfare of consumers, including, but not limited to, clothing, diapers, soap, cleaning supplies, and toiletries.
(f) "Gasoline" means any fuel used to power any motor vehicle or power tool.
(g) "Housing" means any rental housing leased on a month-to-month term or the sale of manufactured homes, as that term is defined in 21-9-2 of this code.
(h) "Large-scale threat" means circumstances which present a reasonable probability that necessary services or public order would be disrupted, and effect a significant number of people from either natural or man-made causes.
(i) "Medical supplies" includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.
(j) "Repair or reconstruction services" means any services performed by any person for repairs to residential, commercial, or public property of any type that is damaged as a result of a disaster.
(k) "State of emergency" means the situation existing during or after the occurrence of a disaster or large-scale threat in which a state of emergency has been declared by the Governor or by the Legislature pursuant to the provisions of 15-5-6 of this code.
(l) "State of preparedness" means the situation existing before a disaster or large-scale threat in which a state of preparedness has been declared by the Governor or by the Legislature pursuant to the provisions of 15-5-6 of this code.
(m) "Transportation, freight, and storage services" means any service that is performed by any company that contracts to move, store, or transport personal or business property, or rents equipment or storage space for those purposes.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6J. Protection of Consumers From Price Gouging and Unfair Pricing Practices During and Shortly After a State of Emergency › §46A-6J-4. Notification by the Secretary of State; Registry

The Secretary of State shall promulgate rules to establish a system by which any person, corporation, trade association or partnership may register to receive notification that a state of emergency or state of preparedness has been declared and that the provisions of this article are in effect. The rules promulgated pursuant to the authority conferred by this section may include a requirement of the payment of fees for registration.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6J. Protection of Consumers From Price Gouging and Unfair Pricing Practices During and Shortly After a State of Emergency › §46A-6J-5. Penalties, Remedies and Enforcement

(a) A violation of this article is an unfair or deceptive act or practice within the meaning of section one hundred two, article six of this chapter and is subject to the enforcement provisions and remedies provided by this chapter.
(b) Any person violating the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in the county or regional jail not more than one year, or both.
(c) The remedies and penalties provided by this article are cumulative, and do not prohibit any other remedy or punishment available under the laws of this state.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6K. Good Funds Settlement Act › §46A-6K-1. Applicability

This article applies to the settlement of loans secured by deeds of trust on owner-occupied residential dwellings with accommodations for not more than four families. This article does not apply to construction loans or any other loans which, by agreement of the parties, provide for the disbursement of the proceeds in stages.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6K. Good Funds Settlement Act › §46A-6K-2. Definitions

(a) "Collected funds" or "good funds" means moneys used to fund the disbursement of settlement proceeds deposited and irrevocably credited to a settlement agent's account.
(b) "Disbursement of loan funds" means the delivery of the loan funds by the lender to the settlement agent in the form of:
(1) Cash;
(2) Wired funds;
(3) Certified check;
(4) Checks issued by the United States treasury, the State of West Virginia or an instrumentality of the United States or state of West Virginia;
(5) Cashier's check or teller's check or other similar draft or obligation of a federally insured bank, savings bank, savings and loan association or credit union or of any holding company or wholly owned subsidiary of the foregoing;
(6) Checks issued by a licensed lender qualified to do business in West Virginia which has posted the surety bond required by subsection (b), section four, article seventeen, chapter thirty-one of this code;
(7) Checks issued by an insurance company licensed and regulated by the West Virginia Insurance Commission, which checks are drawn on a federally insured financial institution;
(8) Checks drawn on the escrow account of an attorney licensed to practice law in West Virginia or on the escrow account of a real estate broker licensed in West Virginia; or
(9) Personal check or checks in an aggregate amount not exceeding $5,000 per loan closing.
(c) "Disbursement of settlement proceeds" means the payment of all proceeds of the transaction by the settlement agent to the persons entitled thereto.
(d) "Lender" means any person regularly engaged in making loans secured by deeds of trust to secure debt on West Virginia real estate. A person is considered to be regularly engaged in making loans if he or she makes more than five such loans in any one calendar year.
(e) "Loan closing" means that time agreed upon by the borrower, lender, seller, if applicable, and settlement agent when the execution by the borrower and delivery of the loan documents to the settlement agent occur.
(f) "Loan documents" means the note evidencing the debt due the lender, the deed of trust, or mortgage securing the debt due to the lender, and any other documents required by the lender to be executed by the borrower as a part of the transaction.
(g) "Loan funds" means the gross or net proceeds of the loan to be disbursed by or on behalf of the lender at loan closing.
(h) "Parties", as used in this subsection, means the seller, purchaser, borrower, lender and the settlement agent, as applicable.
(i) "Settlement" means the time when the settlement agent has received the duly executed deed, loan funds, loan documents and other documents and funds required to carry out the terms of the contract between the parties.
(j) "Settlement agent" means the person authorized by law to be responsible for conducting the settlement and disbursement of the settlement proceeds.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6K. Good Funds Settlement Act › §46A-6K-3. Duty of Lender; Accrual of Interest

The lender shall, at or before loan closing, cause disbursement of loan funds to the settlement agent; however, in the case of a refinancing, or any other loan where a right of rescission applies, the lender shall, within one business day after the expiration of the rescission period required under the federal Truth-in-Lending Act (15 U. S. C. §1601 et seq.), cause disbursement of loan funds to the settlement agent, unless the loan is rescinded by the customer. All funds disbursed by the lender to the settlement agent must be collected funds. The lender may charge and receive interest on the loan during the rescission period required under the federal Truth-in-Lending Act (15 U. S. C. §1601 et seq.): Provided, That the lender may not receive any interest if the loan is rescinded by the customer: Provided, however, That the lender may not charge or receive interest on the loan during the rescission period, if the loan is for the purpose of paying a prior loan made by the same lender in full.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6K. Good Funds Settlement Act › §46A-6K-5. Penalty

Any persons suffering losses due to the failure of the lender or the settlement agent to disburse settlement proceeds as required by this chapter shall be entitled to recover, in addition to other actual damages, double the amount of any interest collected in violation of section three of this article plus reasonable attorneys' fees incurred in the collection thereof.