If a creditor has willfully violated the provisions of this chapter applying to illegal, fraudulent or unconscionable conduct or any prohibited debt collection practice, in addition to the remedy provided in section one hundred one of this article, the court may cancel the debt when the debt is not secured by a security interest.
W. Va. Code § 46A-5-105
Willful violations
Known as the West Virginia Consumer Credit and Protection Act
The act spans §§ 46A-1-101 to 46A-8-102 (260 sections).
Applied in 4 court decisions — leading case 230 W. Va. 306 - Quicken Loans, Inc. v. Brown (2012)
Most recently applied in Biser v. Manufacturers & Traders Trust Co. (September 2016)
How often courts cite this section
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.
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.