Proposal would end civil penalties for individual violations.
1/16/2020 9:00
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.
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