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The West Virginia Consumer Credit and Protection Act Protects You.

You can sue a collection agency that is found to be violating the law. Don’t know what to do? Call us: (877) 846-1209.

The West Virginia Consumer Credit and Protection Act applies to collection agencies, collection attorneys and law firms, debt buyers and original creditors.

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How Collection Agencies Break The Law:

  • Attempting to collect a debt by use of threat, coercion or attempt to coerce
  • Threatening to garnish a consumer’s wages, or to use some other court-sanctioned collection procedure, without informing the consumer that there must be a proper order from a judge in place before the action can be taken
  • Threatening to take any action which is prohibited by the West Virginia Consumer Credit and Protection Act
  • Unreasonable oppression or abuse in connection with the collection of a debt
  • Using profane or obscene language, or language that is intended to unreasonably abuse the hearer or reader
  • Communication to a consumer’s employer, before a judgment has been rendered, of any information relating to an employee’s debt (other than through a proper legal proceeding)
  • Communication of information relating to a debt to any relative or family member of the consumer who does not reside with the consumer, except through proper legal action or at the express and unsolicited request of the relative or family member
  • Using any fraudulent, deceptive or misleading representation or means to attempt to collect a consumer debt
  • Using a false representation of the character, extent or amount of a debt, or of its status in any legal proceeding
  • Using any unfair or unconscionable means to attempt to collect a debt
  • Attempting to collect any amount not expressly authorized by the agreement creating the debt, unless allowed by a specific statute
  • Communicating with a consumer when the debt collector or creditor knows the consumer is represented by an attorney

Consumers can recover, in addition to any actual damages they have incurred, a penalty of between $100 and $1000 for the debt collector or creditor’s violation of this state law. Courts also have the authority to require the debt collector or creditor to pay the consumer’s attorneys’ fees.

The laws described on this page are set forth in full in the West Virginia Code, Chapter 46A, Article 2, Sections 101-139.

Have you been contacted by a debt collector?
Call us at (877) 846-1209 for a free case review!

In addition to rules covering the actions of creditors and collection agencies under your state’s laws, the Fair Debt Collection Practices Act (FDCPA) provides rules protecting consumers from illegal actions of debt collectors, and it applies equally in every state. This means that even if your state laws cannot help you, the FDCPA applies in many more situations.

In fact, certain sections of the laws listed in the available download may have been redacted for brevity.

If you want to find out more about how these laws pertain to your specific situation, please call us at (877) 846-1209 for a free case review with an experienced consumer law attorney. If you prefer, fill out our free case review form and we will contact you.