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Home » US Law » 2022 West Virginia Code » Chapter 46A. West Virginia Consumer Credit and Protection Act » Article 6J. Protection of Consumers From Price Gouging and Unfair Pricing Practices During and Shortly After a State of Emergency

§46A-6J-1. Emergencies and Natural Disasters – Taking Unfair Advantage of Consumers

The Legislature finds that during emergencies and major disasters, including, but not limited to, tornadoes, earthquakes, fires, floods, storms or civil disturbances or where a large-scale threat exists, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods or services. While the pricing of consumer goods and services is […]

§46A-6J-2. Definitions

(a) “Building materials” means lumber, construction tools, windows, and any other item used in the building or rebuilding of property. (b) “Consumer food item” means any article that is used or intended for use for food or drink by a person or animal. (c) “Disaster” means the occurrence or imminent threat of widespread or severe […]

§46A-6J-3. Prohibited Unfair Pricing Practices

(a) Upon the declaration of a state of emergency or state of preparedness, and continuing for the existence of the state of emergency or state of preparedness, or for 30 days following the declaration, whichever period is longer, it is unlawful for any person, contractor, business, or other entity to sell or offer to sell […]

§46A-6J-4. Notification by the Secretary of State; Registry

The Secretary of State shall promulgate rules to establish a system by which any person, corporation, trade association or partnership may register to receive notification that a state of emergency or state of preparedness has been declared and that the provisions of this article are in effect. The rules promulgated pursuant to the authority conferred […]

§46A-6J-5. Penalties, Remedies and Enforcement

(a) A violation of this article is an unfair or deceptive act or practice within the meaning of section one hundred two, article six of this chapter and is subject to the enforcement provisions and remedies provided by this chapter. (b) Any person violating the provisions of this article is guilty of a misdemeanor and, […]