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Home » US Law » 2022 West Virginia Code » Chapter 46A. West Virginia Consumer Credit and Protection Act » Article 1. Short Title, Definitions and General Provisions

§46A-1-101. Short Title

This chapter shall be known and may be cited as the "West Virginia Consumer Credit and Protection Act."

§46A-1-102. General Definitions

In addition to definitions appearing in subsequent articles, in this chapter: (1) "Actuarial method" means the method, defined by rules adopted by the commissioner, of allocating payments made on a debt between principal or amount financed and loan finance charge or sales finance charge pursuant to which a payment is applied first to the accumulated […]

§46A-1-103. Effect of Chapter on Powers of Persons Making Consumer Credit Sales and Consumer Loans, and Others; Consumer Protection Generally

(1) This chapter prescribes maximum charges for all creditors, except lessors and those excluded, making consumer credit sales and consumer loans, and sales and loans made subject to the provisions of this chapter by agreement, and except as otherwise provided by this chapter displaces any existing limitations and provisions regulating maximum interest and charges, minimum […]

§46A-1-104. Application

(1) This chapter applies if a consumer, who is a resident of this state, is induced to enter into a consumer credit sale made pursuant to a revolving charge account, to enter into a revolving charge account, to enter into a consumer loan made pursuant to a revolving loan account, or to enter into a […]

§46A-1-105. Exclusions

(a) This chapter does not apply to: (1) Extensions of credit to government or governmental agencies or instrumentalities;

§46A-1-106. Sales, Leases or Loans Subject to Chapter by Agreement of Parties

The parties to any sale, lease or loan, other than a consumer credit sale, consumer lease or consumer loan, may agree in writing signed by the parties that the sale, lease or loan is subject to the provisions of this chapter applying to consumer credit sales, consumer leases or consumer loans. If the parties so […]

§46A-1-107. Waiver

Except as otherwise provided in this chapter, a consumer may not waive or agree to forego rights or benefits under this chapter or under article two-a, chapter forty-six of this code.

§46A-1-108. Records Retention Methods

(a) All persons, other than banks and credit unions, who are subject to the provisions of this chapter and who are required to create or maintain records or other documents in the course of their business, may copy or reproduce those records or documents (other than notes, bonds, mortgages and other securities and investments) by […]