On Tuesday, the United States Court of Appeals for the Third Circuit departed from opinions issued by the Fourth and Ninth Circuits in ruling that violations of the FDCPA begin to run when the violation occurs. In Rotkiske v. Klemm, et al., plaintiff Rotkiske sued a law firm that, in 2009, had obtained a default […]

Recently, a federal court in West Virginia determined that evidence of a plaintiff’s “moderate” stress in a West Virginia Consumer Credit and Protection Act (“WVCCPA”) case supports sending a request for actual damages to a jury. In O’Dell v. USAA Federal Savings Bank aka USAA, the plaintiff alleged he suffered damages from “annoyance, stress, inconvenience, […]

The 2015 amendments to the West Virginia Consumer Credit and Protection Act (‘WVCCPA”) are not retroactive, according to a federal court in West Virginia. In O’Dell v. USAA Federal Savvngs Bank aka USAA, the court rejected a bank’s argument that the WVCCPA statute in effect at the time of trial applies. The court determined the […]

Earlier this month, a West Virginia federal court ruled a disclosure in a debt collection letter regarding potential tax implications for settling a debt did not violate the Fair Debt Collection Practices Act (“FDCPA”) or the West Virginia Consumer Credit and Protection Act (“WVCCPA”). In Garrettson v. Sentry Credit, Inc. et al., a debt collector […]

On February 27, the U.S. House of Representatives passed H.R. 4296, which aims to reduce the operational capital requirements imposed on financial institutions. The bill passed with a vote of 245-169. As is typical with deregulatory legislation, only 19 Democrats supported the bill, while only three Republicans voted against it. Currently, most U.S. financial institutions […]

The last bill in our West Virginia legislative session update is HB 4285, which amends three sections of the West Virginia Safe Mortgage Licensing Act. First, the bill amends section 31-17A-4(a) of the Act to increase the state license application fee from $50 to $200. Second, it amends section 31-17A-6 of the Act by increasing […]

The other amendment to Article 6 of the WVCCPA that was passed with this year’s West Virginia legislative session is HB 4150, related to telemarketing companies. The bill amends section 46A-6-501 of the WVCCPA, which prohibits certain unfair or deceptive acts or practices. The bills adds to the list of eight such prohibitions, a new […]

As we previously mentioned in our last blog post, the West Virginia Legislature passed at least three bills this past session that affect consumers or financial transactions. The first of those bills is HB 2464. HB 2464 amends Article 6 of the WVCCPA, specifically section 46A-6-107, prohibiting the disclaimer of warranties and remedies for goods […]

The 2018 West Virginia Legislative Session ended last week, and the legislature has rejected two bills that would have modified the Consumer Credit and Protection Act (“WVCCPA”), the primary statute in West Virginia that regulates how lenders, creditors, collectors, and others deal with consumers in financial transactions. House Bill 2768 The legislature knocked down House […]

The West Virginia legislature is considering bills to amend the Consumer Credit and Protection Act (“WVCCPA”) and they can affect how lenders, creditors, collectors, and others interact with consumers in financial transactions. The WVCCPA is the primary statute in West Virginia that regulates how lenders, creditors, collectors, and others deal with consumers in financial transactions. […]