West Virginia Fair Debt Collection Law
West Virginia Code Sections 46A-2-122 to 46A-2-129a deal with debt collection agencies. The Consumer Credit Protection law prohibits practices that in many ways mirror the federal Fair Debt Collection Practices Act. For example, the law says that:
- A debt collector can't pretend he's an attorney, and a debt collection agency can't use legal stationery
- A debt collector can't threaten you or use violence
- A debt collector can't threaten to accuse you of fraud or a crime
- A debt collection agency can't threaten to sell the debt in order to get you to pay
- A debt collector can't tell you that you'll be arrested or that your wages will be garnished
- A debt collector can't use profanity
- A debt collector must tell you his identity
- A debt collector can't trick you into paying for collect calls or telegrams
- A debt collector can't call at odd hours, to the point of harassment, or falsely claim that the call is urgent or an emergency
- A debt collection agency can't contact your employer or third parties
- A debt collection agency can't publish your name on a “bad debt list”
- A debt collector can't mislead you into believing that he's with a governmental agency, or send you written information that misleads you into thinking it's from a court
- A debt collector can't trick you into signing something that says you owe a debt that was discharged in bankruptcy
- A debt collector can't tack on additional fees or charges
- A debt collector can't contact you once you have an attorney, unless the attorney fails to respond
West Virginia law allows individual consumers to sue debt collection agencies. A successful lawsuit filed in the state can result in an award of actual damages and penalties of between $100 and $1,000, a refund of excess charges of between $100 and $1,000, and lost wages if the debt collector's actions caused you to lose your job. In addition, if the debt collection agency violated the law willfully, you could have your debt cancelled. This is in addition to being able to sue a debt collection agency for violation of the Fair Debt Collection Practices Act.
With the help of a fair debt attorney, you can often reach a settlement with a debt collection agency that either puts money in your pocket or erases part or all of that debt. Complete the form to the right, and the legal team at StopCollector.com will provide you with a free case evaluation. If the debt collector has violated West Virginia state law and the FDCPA, we'll take your case absolutely free.
File a Complaint
If you've been the victim of illegal fair debt or fair credit practices, you should file a complaint with the West Virginia Attorney General. Often, attorneys general use consumer complaints as the basis for filing lawsuits against debt collection agencies. Filing a complaint is a way of making your voice heard, and of helping to put a stop to unethical debt collection practices.
You can download a complaint form from the West Virginia Attorney General's office by clicking here.
Here's the contact information to call or send a written complaint to the West Virginia Attorney General:
Office of the West Virginia Attorney General
Consumer Protection/Antitrust Division
P.O. Box 1789
Charleston, WV 25326-1789
304-558-8986 or 800-368-8808
You should also file a complaint with the Federal Trade Commission (FTC). The FTC is responsible for enforcing the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It looks at patterns of consumer complaints and holds shady debt collection agencies accountable by suing them and fining them. It’s also required to provide Congress with an annual report about debt collection and credit reporting practices that includes the number of consumer complaints filed. You can file a complaint with the FTC by clicking here.
