§46A-7-111. Civil Actions by Attorney General
(1) After demand, the Attorney General may bring a civil action against a creditor for making or collecting charges in excess of those permitted by this chapter. If it is found that an excess charge has been made, the court shall order the respondent to refund to the consumer the amount of the excess charge. […]
§46A-7-112. Jury Trial
In an action brought by the Attorney General under this chapter, he has no right to trial by jury.
§46A-7-113. Consumer's Remedies Not Affected
The grant of powers to the Attorney General in this chapter does not affect remedies available to consumers under this chapter or under other principles of law or equity.
§46A-7-114. Venue
The Attorney General may bring actions or proceedings under this chapter in the circuit court of any county in which an act on which the action or proceeding is based occurred, or in any county in which the respondent or defendant resides or transacts business.
§46A-7-115. Notification
(1) Every person engaged in this state in making consumer credit sales or consumer loans, including any person subject to the provisions of section five-a, article twenty-three, chapter eleven of this code, as a result of their consumer lending or any person who regularly purchases retail installment contracts or other consumer paper from a business […]
§46A-8-101. Time of Becoming Operative; Provisions for Transition; Enforceability of Prior Transactions; Applicability and Effective Dates of Amendments
NOTE: West Virginia Code 46A-8-101 was amended by two bills passed during the 2021 Regular Session of the Legislature. When two acts of the Legislature amend the same section of the Code without express recognition in the bill of the action of the other bill, the Legislative Manager makes no determination as to the appropriate, […]
§46A-8-102. Severability
If, for any reason, any article, section, sentence, clause, phrase or provision of this chapter or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other articles, sections, sentences, clauses, phrases or provisions or their application to any other person or circumstance, and to […]
§46A-7-105. Application of Administrative Procedures Act
Except as otherwise provided, the provisions of chapter twenty-nine-a of this code apply to and govern all administrative action taken by the Attorney General pursuant to this chapter.
§46A-7-106. Administrative Enforcement Orders; Judicial Review
(1) After notice and hearing the Attorney General may order a creditor or other person to cease and desist from engaging in violations of this chapter.
§46A-7-107. Assurance of Discontinuance
If it is claimed that a person has engaged in conduct which could be subject to an order by the Attorney General or by a court, the Attorney General may accept an assurance in writing that the person will not engage in the conduct in the future. Such assurance of voluntary compliance shall not be […]