West Virginia: consumer-protection statute
Consumer Credit and Protection Act — W. Va. Code § 46A-6-101 et seq.
Statute-text comparison only, not legal advice. Verify against the current official code.
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Private right of action
Whether a person may bring a civil action under the statute.
yes
§46A-6-106
§46A-6-106. Private causes of action.
Actual damages
Recovery for the loss a person actually suffered.
Actual damages are recoverable.
§46A-6-106
to recover actual damages or $200, whichever is greater
Statutory minimum damages
A stated minimum or fixed amount of damages.
$200
§46A-6-106
to recover actual damages or $200, whichever is greater
Multiple or punitive damages
Damages multiplied or increased to punish unlawful conduct.
Not found in the statute text reviewed
Attorney fees
Rules for recovering the cost of legal representation.
The court may award reasonable attorney’s fees and expenses to the consumer.
§46A-5-104
the court may award reasonable attorney’s fees and expenses to the consumer
Notice or demand before suit
Notice or a demand that must be sent before bringing an action.
Not found in the statute text reviewed
Class action limits
Restrictions on bringing claims on behalf of a class.
In a class action, the aggregate limits on the amount of the penalty shall be applied severally to each named plaintiff and each class member such that no named plaintiff nor any class member may recover in excess of the greater of $175,000 or the total alleged outstanding indebtedness.
§46A-5-101
in a class action the aggregate limits on the amount of the penalty set forth above shall be applied severally to each named plaintiff and each class member
FTC interpretation clause
Directions to consider FTC or federal interpretations when applying the statute.
Courts be guided by the policies of the Federal Trade Commission and interpretations given by the Federal Trade Commission and the federal courts to Section 5(a)(1) of the Federal Trade Commission Act.
§46A-6-101
the courts be guided by the policies of the Federal Trade Commission and interpretations given by the Federal Trade Commission and the federal courts
Time limit for a claim
The period in which an action must be brought.
No action may be brought more than four years after the violations occurred; one year for foreclosure sale actions.
§46A-5-101
no action pursuant to this subsection may be brought more than four years after the violations occurred
Injunctive relief
Court orders requiring conduct to stop or change.
The court may provide equitable relief it considers necessary or proper.
§46A-6-106
The court may, in its discretion, provide such equitable relief it considers necessary or proper
Attorney general civil penalties
Civil monetary penalties sought by the attorney general.
Not found in the statute text reviewed