STATE STATUTES & CODES

WEST VIRGINIA STATUTES AND CODES

CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT

• §46A-1-101 Short title.
• §46A-1-102 General definitions.
• §46A-1-103 Effect of chapter on powers of persons making consumer credit sales and consumer loans, and others; consumer protection generally.
• §46A-1-104 Application.
• §46A-1-105 Exclusions.
• §46A-1-106 Sales, leases or loans subject to chapter by agreement of parties.
• §46A-1-107 Waiver.
• §46A-1-108 Records retention methods.
• §46A-2-101 Holders of negotiable instruments subject to claims and defenses.
• §46A-2-102 Assignee subject to claims and defenses.
• §46A-2-103 Lender subject to claims and defenses arising from sales.
• §46A-2-103a Lessor subject to claims and defenses arising from leases.
• §46A-2-104 Notice to cosigners.
• §46A-2-105 Balloon payments.
• §46A-2-106 Notice of consumer's right to cure default; cure; acceleration.
• §46A-2-107 Security in sales or leases.
• §46A-2-108 Cross-collateral.
• §46A-2-109 Debt secured by cross-collateral.
• §46A-2-110 Referral sales or leases.
• §46A-2-111 Consumer leases; information to be furnished.
• §46A-2-112 Restriction on liability in consumer lease.
• §46A-2-113 Notice of assignment.
• §46A-2-114 Receipts; statements of account; evidence of payment.
• §46A-2-115 Limitation on default charges.
• §46A-2-116 Assignment of earnings.
• §46A-2-117 Authorization to confess judgment prohibited.
• §46A-2-118 No garnishment before judgment.
• §46A-2-119 Restrictions on deficiency judgments.
• §46A-2-120 Extortionate extensions of credit.
• §46A-2-121 Unconscionability; inducement by unconscionable conduct.
• §46A-2-122 Definitions.
• §46A-2-123 Practice of law by debt collectors.
• §46A-2-124 Threats or coercion.
• §46A-2-125 Oppression and abuse.
• §46A-2-126 Unreasonable publication.
• §46A-2-127 Fraudulent, deceptive or misleading representations.
• §46A-2-128 Unfair or unconscionable means.
• §46A-2-129 Postal violations.
• §46A-2-129a Deceptive or oppressive telephone calls.
• §46A-2-130 Limitation on garnishment.
• §46A-2-131 No discharge or reprisal because of garnishment.
• §46A-2-132 Home solicitation; buyer's right to cancel; notice.
• §46A-2-133 Form of agreement or offer to purchase; statement of buyer's rights.
• §46A-2-134 Restoration of down payment.
• §46A-2-135 Buyer's duty; seller's right; no compensation for certain services.
• §46A-2-136 Personal property exemptions.
• §46A-2-137 Service of process on certain nonresidents.
• §46A-2-138 Buyer's right to cancel certain subscriptions and other obligations.
• §46A-2-139 Unlawful commercial facsimile transmission; right of action for injunction, damages.
• §46A-2A-101 Definitions.
• §46A-2A-102 Notice of breach of security of computerized personal information.
• §46A-2A-103 Procedures deemed in compliance with security breach notice requirements.
• §46A-2A-104 Violations.
• §46A-2A-105 Applicability.
• §46A-3-101 Finance charges generally.
• §46A-3-102 Sales finance charge for certain consumer credit sales of real estate.
• §46A-3-103 Sales finance charge for revolving charge accounts other than certain sales of real estate.
• §46A-3-104 Finance charge for loans other than loans made pursuant to revolving loan accounts; finance charge on assigned contracts; exceptions.
• §46A-3-105 Maximum rate on loans and credit sales guaranteed or insured by United States or agency thereof.
• §46A-3-106 Loan finance charge for revolving loan accounts.
• §46A-3-107 Sales finance charges and loan finance charges on refinancing.
• §46A-3-108 Sales finance charges and loan finance charges on consolidation.
• §46A-3-109 Additional charges; credit life or health insurance; notice of cancellation; when refund required; obligations of creditor and insurer; civil penalty; rules relating to insurance.
• §46A-3-109a Collateral protection insurance.
• §46A-3-110 Right to prepay.
• §46A-3-111 Application of payments on account; rebate upon prepayment, refinancing or consolidation; judgments and interest on judgments.
• §46A-3-112 Delinquency charges on precomputed consumer credit sales or consumer loans.
• §46A-3-113 Delinquency charges on nonprecomputed consumer credit sales or consumer loans repayable in installments.
• §46A-3-114 Deferral charges.
• §46A-3-115 Advances to perform covenants of consumer.
• §46A-3-116 Change in terms of revolving charge accounts or revolving loan accounts.
• §46A-3-117 Alternative finance charges authorized.
• §46A-4-101 Authority to make loans.
• §46A-4-102 License to make regulated consumer loans.
• §46A-4-103 Revocation, suspension or forfeiture of license.
• §46A-4-104 Records; annual reports.
• §46A-4-105 Examinations; assessments and investigations.
• §46A-4-106 Application of Administrative Procedures Act.
• §46A-4-107 Loan finance charge for regulated consumer lenders.
• §46A-4-108 Use of multiple loan agreements.
• §46A-4-109 Restrictions on interest in land as security; assignment of earnings to regulated consumer lender prohibited; when security interest on household furniture goods not valid; prohibitions as
• §46A-4-110a Prohibited conduct.
• §46A-4-111 Disclosure of higher annual percentage rate upon refinancing of a loan not secured by real estate at higher rate; requiring documentation of a reasonable net tangible benefit to the borrowe
• §46A-4-112 Code reference to supervised lenders and industrial loan companies; authority of the commissioner.
• §46A-4-113 Continuation of licensing.
• §46A-5-102 Assertion of rights.
• §46A-5-103 Willful violations.
• §46A-5-104 Attorney fees.
• §46A-5-105 Willful violations.
• §46A-5-106 Adjustment of damages for inflation.
• §46A-6-101 Legislative declarations; statutory construction.
• §46A-6-102 Definitions.
• §46A-6-103 Rules and regulations.
• §46A-6-104 Unlawful acts or practices.
• §46A-6-105 Exempted transactions.
• §46A-6-106 Actions by consumers.
• §46A-6-107 Disclaimer of warranties and remedies prohibited.
• §46A-6-108 Breach of warranty; privity abolished.
• §46A-6-109 The use of plain language in consumer transactions.
• §46A-6-110 Solicitation or cashing of postdated checks; penalties.
• §46A-6A-1 Legislative declarations.
• §46A-6A-2 Definitions.
• §46A-6A-3 Manufacturer's duty to repair or replace new motor vehicles.
• §46A-6A-3a Dealer's duty to disclose repairs to consumer.
• §46A-6A-4 Civil action by consumer.
• §46A-6A-5 Presumption of reasonable number of attempts; extension of warranty term when repair services unavailable.
• §46A-6A-6 Written statement to be provided to consumer.
• §46A-6A-7 Resale of returned motor vehicle.
• §46A-6A-8 Third party dispute resolution process; attorney general to promulgate rules and regulations.
• §46A-6A-9 Other remedies available.
• §46A-6B-1 Legislative declaration.
• §46A-6B-2 Definitions.
• §46A-6B-3 Genuine and aftermarket crash parts.
• §46A-6B-4 Notices and written statements to be provided to vehicle owner.
• §46A-6B-5 Other remedies available.
• §46A-6B-6 Violation of article an unfair method of competition or deceptive act or practice; penalty.
• §46A-6C-1 Definitions.
• §46A-6C-2 Credit services organization.
• §46A-6C-3 Prohibited conduct.
• §46A-6C-4 Bond; surety account.
• §46A-6C-5 Registration.
• §46A-6C-6 Disclosure statement.
• §46A-6C-7 Form and terms of contract.
• §46A-6C-8 Waiver.
• §46A-6C-9 Action for damages.
• §46A-6C-10 Criminal penalty.
• §46A-6C-11 Burden of proving exemption.
• §46A-6C-12 Remedies cumulative.
• §46A-6D-1 Short title.
• §46A-6D-2 Definitions.
• §46A-6D-3 Representation of having won a prize, gift or any item of value.
• §46A-6D-4 Representation of eligibility to win or to receive a prize, gift or item of value.
• §46A-6D-5 Representation of being specially selected.
• §46A-6D-6 Simulation of checks and invoices.
• §46A-6D-7 Conditions for handling charges and shipping charges.
• §46A-6D-8 Action to enforce the provisions of article.
• §46A-6D-9 Enforcement; penalties.
• §46A-6D-10 Exemptions.
• §46A-6E-1 Definitions.
• §46A-6E-2 Express warranty requirement; express warranty duration; implied warranty.
• §46A-6E-3 Warranty remedies; procedures for obtaining remedies.
• §46A-6E-4 Lease enforcement.
• §46A-6E-5 Disclosure upon further sale or lease.
• §46A-6E-6 Arbitration.
• §46A-6E-7 Limitations; waiver of rights; action for damages; punitive damages.
• §46A-6F-102 Chance promotion.
• §46A-6F-103 Consumer; purchaser.
• §46A-6F-104 Consumer goods or services.
• §46A-6F-105 Division.
• §46A-6F-106 Individual.
• §46A-6F-107 Investment opportunity.
• §46A-6F-108 Material aspect or element.
• §46A-6F-109 Person.
• §46A-6F-110 Prize, gift or award.
• §46A-6F-111 Prize promotion.
• §46A-6F-112 Telemarketing solicitation.
• §46A-6F-113 Telemarketer.
• §46A-6F-114 Telemarketer in good standing.
• §46A-6F-202 Inapplicability of article to licensed securities, commodities, or investment broker, dealer, or investment adviser.
• §46A-6F-203 Inapplicability of article to licensed associated person of a securities, commodities, or investment broker, dealer, or investment adviser.
• §46A-6F-204 Inapplicability of article to person who does not make the major sales presentation.
• §46A-6F-205 Inapplicability of article to person who solicits sales by catalog.
• §46A-6F-206 Inapplicability of article to business-to-business sale.
• §46A-6F-207 Inapplicability of article to person who solicits contracts for the maintenance or repair of goods.
• §46A-6F-208 Inapplicability of article to person soliciting a transaction regulated by the commodity futures trading commission.
• §46A-6F-209 Inapplicability of article to supervised financial organization.
• §46A-6F-210 Inapplicability of article to licensed insurance broker, agent, customer representative, or solicitor.
• §46A-6F-211 Inapplicability of article to person soliciting the sale of services provided by a cable television system.
• §46A-6F-212 Inapplicability of article to certain telephone and communications companies.
• §46A-6F-213 Inapplicability of article to persons maintaining continuing business locations for sales of consumer goods or services.
• §46A-6F-214 Inapplicability of article to issuer of certain securities.
• §46A-6F-215 Inapplicability of article to book, video, record, or multimedia club.
• §46A-6F-216 Inapplicability of article to registered developer or a real estate salesperson or broker.
• §46A-6F-217 Inapplicability of article to person soliciting the sale of electric or natural gas energy or related goods or services.
• §46A-6F-218 Inapplicability of article to person soliciting the sale of a magazine or newspaper.
• §46A-6F-219 Inapplicability of article to certain telemarketers based on continuous sales and gross sales for exempt persons.
• §46A-6F-220 Inapplicability of article to the annual sale of less than one hundred dollars for food stuffs and edibles.
• §46A-6F-302 Security requirement.
• §46A-6F-303 Failure to register or meet security requirement; remedies.
• §46A-6F-304 Record keeping requirements.
• §46A-6F-402 Accepting returns or canceling services.
• §46A-6F-502 Causes of action arising out of unfair or deceptive acts or practices; limitation of actions.
• §46A-6F-503 Operating a criminal recovery service; penalties.
• §46A-6F-702 Remedies not exclusive.
• §46A-6F-703 Service of process on certain nonresidents.
• §46A-6G-1 Definitions.
• §46A-6G-2 Limitations on unauthorized electronic mail.
• §46A-6G-3 Interactive computer service authority; liability.
• §46A-6G-4 Sale or possession of enabling software prohibited.
• §46A-6G-5 Violations; right of action for injunction, damages.
• §46A-6H-1 Definitions.
• §46A-6H-3 Requirement of court approval for certain structured settlement transfers.
• §46A-6H-4 Prohibiting transfer agreements of workers'compensation claims and other transfer agreementsthat contravene law.
• §46A-6H-5 Right of recision.
• §46A-6H-8 Registration with the secretary of state.
• §46A-6I-1 Definitions.
• §46A-6I-2 Electronic response to electronic notices.
• §46A-6I-3 Receipt of electronic record.
• §46A-6I-4 Electronic transferable records.
• §46A-6I-5 Relationship with federal and state law.
• §46A-6I-6 Waiver.
• §46A-6I-7 Severability.
• §46A-6J-1 Emergencies and natural disasters - Taking unfair advantage of consumers.
• §46A-6J-2 Definitions.
• §46A-6J-3 Prohibited unfair pricing practices.
• §46A-6J-4 Notification by the secretary of state; registry.
• §46A-6J-5 Penalties, remedies and enforcement.
• §46A-6J-6 Preemption.
• §46A-6K-1 Applicability.
• §46A-6K-2 Definitions.
• §46A-6K-3 Duty of lender.
• §46A-6K-4 Validity of loan documents.
• §46A-6K-5 Penalty.
• §46A-6L-101 Definitions.
• §46A-6L-102 Security freeze; timing; effect; covered entities; cost.
• §46A-6L-103 Notice of rights.
• §46A-6L-104 Violations; penalties.
• §46A-6L-105 Unfair or deceptive acts or practices.
• §46A-7-101 Division of consumer protection created; purpose.
• §46A-7-102 Power of attorney general; reliance on rules of attorney general or commissioner of banking; duty to report.
• §46A-7-103 Division of administrative powers; investigation and administration.
• §46A-7-104 Investigatory powers.
• §46A-7-105 Application of Administrative Procedures Act.
• §46A-7-106 Administrative enforcement orders; judicial review.
• §46A-7-107 Assurance of discontinuance.
• §46A-7-108 Injunctions against violations of chapter.
• §46A-7-109 Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.
• §46A-7-110 Temporary relief.
• §46A-7-111 Civil actions by attorney general.
• §46A-7-112 Jury trial.
• §46A-7-113 Consumer's remedies not affected.
• §46A-7-114 Venue.
• §46A-7-115 Notification.
• §46A-7-116 Repealed
• §46A-8-101 Time of becoming operative; provisions for transition; enforceability of prior transactions.
• §46A-8-102 Severability.