West Virginia has enacted a state statute covering debt collection, which provides rules designed to protect consumers from harassing or oppressive debt collection practices such as misrepresentations and the use of counterfeit legal processes. These rules closely mimic the requirements of the FDCPA.
In addition to the damages and other relief available under the FDCPA, a West Virginia resident subjected to improper debt collection practices can also obtain relief under the West Virginia law. West Virginia victims can bring a lawsuit under state law and obtain their actual damages, penalties of between $100 and $1,000, a return of improper charges by the collector of between $100 and $1,000, and even lost wages if the collector’s actions caused the consumer to lose his job. Perhaps most importantly, if the collector violated the West Virginia law willfully, the victim’s debt can be completely cancelled.
If you believe that a collector has behaved inappropriately while attempting to collect a debt from you in West Virginia, our attorneys can help you to determine whether the FDCPA or West Virginia law provides you with a legal remedy.
To learn more about the FDPCA, go to Federal Debt Collection Practices Act.
West Virginia Code Sections 46A-2-122 to 46A-2-129a.