§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-7-102. Power of Attorney General; Reliance on Rules of Attorney General or Commissioner of Banking; Duty to Report
(1) In addition to other powers granted by this chapter, the Attorney General within the limitations provided by law may:
§46A-7-103. Division of Administrative Powers; Investigation and Administration
(1) With respect to regulated consumer lenders and other supervised financial organizations, the powers of examination and investigation and administrative enforcement shall be exercised by the official or agency to whose supervision the organization is subject. All other powers of the Attorney General under this chapter may be exercised by him with respect to any […]
§46A-7-104. Investigatory Powers
(1) If the Attorney General has probable cause to believe that a person has engaged in an act which is subject to action by the Attorney General, he may, and shall upon request of the commissioner, make an investigation to determine if the act has been committed and, to the extent necessary for this purpose, […]
§46A-6N-4. Litigation Financier Prohibitions
(a) A litigation financier shall not: (1) Pay or offer to pay commissions, referral fees, or other forms of consideration to any attorney, law firm, medical provider, chiropractor, physical therapist, or any of their employees for referring a consumer to a litigation financier;
§46A-6N-5. Litigation Financing Contracts; Disclosures
(a) A litigation financing contract shall contain the disclosures specified in this section, which shall constitute material terms of the litigation financing contract. (b) Unless otherwise specified, the disclosures shall be typed in at least 14-point, bold font and be placed clearly and conspicuously within the litigation financing contract, as follows: (1) Each contract shall […]
§46A-6N-6. Third-Party Agreements
Except as otherwise stipulated or ordered by the court, a party shall, without awaiting a discovery request, provide to the other parties any agreement under which any litigation financier, other than an attorney permitted to charge a contingent fee representing a party, has a right to receive compensation that is contingent on and sourced from […]
§46A-6N-7. Violation; Enforcement
(a) Any violation of this article shall make the litigation financing contract unenforceable by the litigation financier, the consumer, or any successor-in-interest to the litigation financing contract. The court may, in the event that judgment is awarded to the plaintiff, assess costs of the action, including reasonable attorneys” fees, against the defendant. (b) Nothing in […]