Category West Virginia Consumer Credit and Protection Act

Evidence of Moderate Stress Can Support Actual Damages in a WVCCPA Case

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, […]

It’s in the Footnote. The WVCCPA and Amendments

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 […]

Ruling on Disclosure in Debt Collection Letters

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 […]

Update Regarding HB 4150 and WVCCPA

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 […]

Update Regarding HB 2464 and WVCCPA

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 […]

West Virginia Legislative Session Update #1

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 […]

West Virginia Legislature Considering Bills to Amend the Consumer Credit and Protection Act

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. […]

WV House of Delegates Considering Bill to Expand Consumer Protection Statute to Apply to Fees that Landlords Charge Their Tenants

The West Virginia Legislature is currently in session. Like most years, many bills have been introduced to amend the West Virginia Consumer Credit and Protection Act, one of the primary consumer statutes in the state. One of the bills is House Bill 4418. Last year, the highest court in West Virginia ruled the debt collection […]

Finding a Cure: The required time period to permit a defendant to cure consumer protection violations may be satisfied by the time it takes parties to brief a motion

On July 4, 2017, amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”) took effect. One of those amendments requires a potential plaintiff to give a creditor or collector notice of alleged violations under the statute before the potential plaintiff can file a lawsuit against them. They then have 20 days to make […]

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 […]