
West Virginia Consumer Credit and Protection Act: What You Need to Know
The West Virginia Consumer Credit and Protection Act (1974) has protected you and every West Virginia resident for 50 years. It’s one of the most important laws we have. You are protected from several abusive practices including:
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False Advertisements
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“Lemon” Vehicles That Don’t Run
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Unconscionable Contract Terms
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Unfair Debt Collection
Most of us are familiar with false advertising and lemon laws. When a company advertises a product or service, that ad has to be truthful and not mislead customers. If a company knows that claims in the ad are untrue but includes them anyway, that company can be held responsible for false advertising. Lemon laws protect you when you purchase a bad vehicle that doesn’t run, but also includes one with defects that make the vehicle unsafe or significantly lowers its value.
Let’s look at the other two.
Unconscionable Inducement
Unconscionable inducement is lawyer speak for being tricked or pressured into a bad deal when the other side knows it’s bad, but does it anyway. Certain contract terms like outrageously high interest rates or certain ridiculous fees are prohibited in this state. A sales person might also lie to you or hide important information to get you to sign a contract. They might try and include those prohibited terms or get you to agree to something prohibited in West Virginia. If someone uses dishonest and unfair tactics like these to take advantage of you, under the WVCCPA the agreement you signed may not be enforceable.
Unfair Debt Collection
The WVCCPA protects you from unfair debt collection tactics. Often when people hear “debt collection” they think about deadbeats who choose not to pay their bills. That’s almost never the case. Sometimes life gets in the way—you lose your job, you have a medical emergency, or you’re facing other unplanned challenges out of your control. You’ve always paid your bills on time, but now you’re struggling to make ends meet. You have to choose between buying food, paying for medicine, and keeping the heat turned on in your house or paying your credit card bill. Obviously, caring for your family takes priority over paying debts. This can happen to anyone, regardless of how well we believe we planned for situations, and the law protects you when your at your most vulnerable.
The WVCCPA protects you by ensuring that debt collectors keep it honest and professional, and do not use tactics that are coercive, abusive, misleading or unfair. While there can be a few exceptions, the law ensures that:
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Debt collectors are completely honest with you when attempting to collect a debt. Fraudulent, deceptive, and misleading statements and tactics are prohibited.
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Debt collectors are generally prohibited from any unreasonably oppressive or abusive efforts to collect an alleged debt. They cannot use obscene or abusive language, threaten you with violence or harm to your reputation or property. They are also prohibited from calling at times that are inconvenient to annoy or oppress you into making a payment just to stop the calls.
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You have the right to privacy. Debit collectors cannot publish or disclose to your employer, family, friends, or anyone else that you owe a debt in an attempt to embarrass you.
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You must be informed that the debt is too old to be taken to court (statute of limitations)
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You cannot be charged extra fees for collection or attorneys’ costs, even if a lawsuit has been filed.
The WVCCPA protects more than just consumers. It ensures fair competition in the marketplace. Honest debt collectors who follow the rules shouldn’t be at a disadvantage against bad debt collectors who break the law and exploit you. By enforcing fairness, everyone benefits.
When times are tough, it’s good to know that you are protected by the West Virginia Consumer Credit and Protection Act. It ensures that you are treated with the fairness and dignity you deserve.