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W. Va. Code § 46A-2-123

Practice of law by debt collectors

Known as the West Virginia Consumer Credit and Protection Act

The act spans §§ 46A-1-101 to 46A-8-102 (260 sections).

Applied in 3 court decisions — leading case 168 W. Va. 758 - State Ex Rel. Frieson v. Isner (1981)

Most recently applied in 937 F. Supp. 2d 773 - Patrick v. PHH Mortgage Corp. (March 2013)

How often courts cite this section

1981199020002010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Unless a licensed attorney in this state, no debt collector shall engage in conduct deemed the practice of law. Without limiting the general application of the foregoing, the following conduct is deemed the practice of law:

(a) The performance of legal services, furnishing of legal advice or false representation, direct or by implication, that any person is an attorney;

(b) Any communication with consumers in the name of an attorney or upon stationery or other written matter bearing an attorney's name; and

(c) Any demand for or payment of money constituting a share of compensation for services performed or to be performed by an attorney in collecting a claim.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.