West Virginia Debt Collection and Consumer Protection Law

The West Virginia legislature has enacted supplementary state laws (W. Va. Code §§ 46A-2-122 to -129a) to the federal Fair Debt Collection Practices Act of 1977 (15 USCA § 1692 et seq.). The state's laws supplement the FDCPA by providing additional protections to West Virginian consumers.

West Virginia's law is broader than the FDCPA in that it also applies to "creditors" and not just to "collectors."

West Virginia law prohibits, among other things, various types of misrepresentation, unreasonable abuse, unreasonable publication of indebtedness, soliciting false statements that the debt was for necessities, making phone calls indicating that the call or matter is "Urgent" or "an emergency" and threatening, unconscionable or harassing communications by the debt collector.

In addition, West Virginia, in specified instances, provides consumers with a private cause of action against debt collectors who violate the state's debt collection laws (giving consumers the right to sue offending debt collectors). The states laws also provide that a debt collector may be liable for a debtor's lost wages if the debt collection caused that employee to loose their job. Moreover, if it is determined that the debt collector engaged in a willful violation of the state's debt laws, a court may simply cancel the consumer's debt altogether.

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For more information on Florida debt collection law, click on the links below.

Links:

• West Virginia Code, Chapter 47, Article 16. Collection Agencies
• West Virginia Consumer Protection Division
• West Virginia Attorney General
• West Virginia Courts

Federal Law: Fair Debt Collection Practices Act (FDCPA)

The FDCPA is a federal law that provides residents of all states with considerable rights and protections against abusive, unfair and deceptive debt collection practices by debt collectors. Examples of debt collection practices prohibited by the FDCPA include using profane language, lying and calling a debtor at work if the debt collector knows the employer disapproves. The debt collector must also protect the debtor’s privacy by not disclosing the debt to others such as friends, family members or co-workers.

A debt collector, as defined in the FDCPA, is anyone who regularly collects debts on behalf of an original creditor. Original creditors, such as credit card companies and banks, are not considered debt collectors when they attempt to collect debts owed directly to them. Therefore, original creditors are not covered under the FDCPA.

The FDCPA covers only consumer debt, which includes personal, family and household debt, but not business debt or any debt incurred for business purposes. Common types of consumer debt are credit card debt, automobile loans, home loans, utility bills and medical debt.

For more information on the FDCPA, including what debt collectors can and cannot do and what you can do if you believe a debt collector violated your rights under the FDCPA, please visit our FDCPA information page.