West Virginia Introduces Consumer Credit and Protection Act Amendment

Proposal would end civil penalties for individual violations.

1/16/2020 8:00 AM

NewsStateAdvocacy
West Virginia Introduces Consumer Credit and Protection Act Amendment

West Virginia’s Consumer Credit and Protection Act is on the 2020 legislative agenda for a potential amendment that would bring it in line with the federal Fair Debt Collection Practices Act.

“The purpose of this bill is to clarify inadvertent omissions from recent changes to the West Virginia Consumer Credit and Protection Act that will bring it into conformity with the federal FDCPA,” according to the bill summary.

During the 2019 session, the state legislature also amended the West Virginia Consumer Credit and Protection Act to include licensing exemptions for collection agencies.

Now, State Sen. Mike Azinger, R-Wood, has proposed an amendment focused on civil penalties.

“It would amend our Consumer Credit and Protection Act to cease the award of a penalty for each violation and instead allow a penalty per lawsuit, similar to the FDCPA,” said ACA International member Nicholas Mooney, partner with Spilman, Thomas & Battle PLLC in Charleston, West Virginia.

“This would be a big benefit to the members if it gets signed into law,” Mooney said. “Instead of facing multiple penalties in each lawsuit, a defendant would only face one.”

The bill is pending peview in the West Virginia Senate Judiciary Committee. The state’s regular legislative session is underway now and ends on March 7, 2020.

ACA International’s Washington Insights Fly-In is a critical opportunity for members to get involved with advocacy at the federal level and learn more about the reach of laws at the state and federal level. Register now to join ACA’s advocacy team May 19-21 in Washington, D.C., where you can hear from legislative and regulatory speakers and meet with members of Congress on the Hill.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

West Virginia Introduces Consumer Credit and Protection Act Amendment

West Virginia’s Consumer Credit and Protection Act is on the 2020 legislative agenda for a potential amendment that would bring it in line with the federal Fair Debt Collection Practices Act.

“The purpose of this bill is to clarify inadvertent omissions from recent changes to the West Virginia Consumer Credit and Protection Act that will bring it into conformity with the federal FDCPA,” according to the bill summary.

During the 2019 session, the state legislature also amended the West Virginia Consumer Credit and Protection Act to include licensing exemptions for collection agencies.

Now, State Sen. Mike Azinger, R-Wood, has proposed an amendment focused on civil penalties.

“It would amend our Consumer Credit and Protection Act to cease the award of a penalty for each violation and instead allow a penalty per lawsuit, similar to the FDCPA,” said ACA International member Nicholas Mooney, partner with Spilman, Thomas & Battle PLLC in Charleston, West Virginia.

“This would be a big benefit to the members if it gets signed into law,” Mooney said. “Instead of facing multiple penalties in each lawsuit, a defendant would only face one.”

The bill is pending peview in the West Virginia Senate Judiciary Committee. The state’s regular legislative session is underway now and ends on March 7, 2020.

ACA International’s Washington Insights Fly-In is a critical opportunity for members to get involved with advocacy at the federal level and learn more about the reach of laws at the state and federal level. Register now to join ACA’s advocacy team May 19-21 in Washington, D.C., where you can hear from legislative and regulatory speakers and meet with members of Congress on the Hill.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

Loading...

Loading...

Scroll to Top