Author Archives: Spilman Administrator

Reverse Mortgage Violation? Not So Fast

A West Virginia federal district court recently addressed a plaintiff’s claims that her reverse mortgage violated at least two statutes and West Virginia common law. The plaintiff was one of two borrowers on that mortgage and sued the mortgage lender and its servicing affiliate. The servicer moved to dismiss. The court granted the motion in […]

Amendments to West Virginia’s Consumer Credit and Protection Act Take Effect

In a prior post, we detailed the West Virginia Legislature’s passage of a bill to amend the West Virginia Consumer Credit and Protection Act and Governor Justice’s signing that bill into law. You can read that post here. Those amendments to the consumer protection statute took effect yesterday, July 4th. If you have any questions […]

House Passes Financial CHOICE Act Aimed at Rolling Back Dodd-Frank

Yesterday, the United States House of Representatives passed the Financial CHOICE Act. It now goes to the Senate, where commentators predict it has little chance to pass in its current form. If you’d like to read more about the act and the House’s vote, you can find an article from The Hill here. By Nicholas […]

Three’s a Crowd – West Virginia Supreme Court of Appeals, Third Parties, and the West Virginia Consumer Credit and Protection Act

West Virginia Supreme Court of Appeals makes clear that third parties may not sue under the West Virginia Consumer Credit and Protection Act for collection attempts On May 17, 2017, the West Virginia Supreme Court of Appeals issued a unanimous decision that affirmed a trial court’s order granting summary judgment to a collector in a […]

Sex, Drugs, Rock N’ Roll . . . and Blockchain

If you spend any time reading about the virtual currency space, you’ve picked up that blockchain technology is creeping into hundreds of industries and countries worldwide as more and more people create ways to use the public electronic ledger to better our lives in the not-too-distant future. Money transfers, trade settlements, property and health records, […]

Florida, Money Laundering and Virtual Currencies – Clarifying the Muddy Waters

Florida legislature passes bill to add virtual currencies to money laundering statute in response to last year’s court ruling that bitcoin can’t be the basis for money laundering charges Last year, a Miami judge dismissed criminal charges against a Florida-based bitcoin seller who had been caught in a sting in which undercover law enforcement officers […]

Governor Justice Signs Bill Amending West Virginia’s Consumer Credit and Protection Act

Our last post discussed the West Virginia legislature’s recent bill that amended West Virginia’s primary consumer protection statute. You can find a copy of that bill here. Governor Jim Justice has signed that bill into law. The amendments will take effect on July 4, 2017. If you’d like to discuss the amendments or any other issue […]

Revisiting the West Virginia Consumer Credit and Protection Act – Again

For the second time in two years, West Virginia’s legislature passes a bill to modify the state consumer protection law. The West Virginia legislative session recently ended, and for the second time in two years, the legislature passed a bill that modifies the state’s primary consumer protection statute (the West Virginia Consumer Credit and Protection […]

A Short Guide to Bitcoin Forks

If you spend any time watching or reading or maybe even investing in Bitcoin or other cryptocurrencies, you’re likely to hear someone talk about a fork, a hard fork, or a soft fork. When I first encountered this term, I was completely confused by it. I recently read a short article by Amy Castor at […]

President Trump Signs Executive Order on Regulatory Reform

On February 24, 2017, President Trump issued another executive order designed to further his administration’s agenda to reduce regulations. Entitled “Enforcing the Regulatory Reform Agenda,” the executive order continues to make clear that “[i]t is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people.” The order seeks to […]