§46A-7-110. Temporary Relief
With respect to an action brought to enjoin violations of this chapter or unconscionable agreements or fraudulent or unconscionable conduct, the Attorney General may apply to the court for appropriate temporary relief against a respondent, pending final determination of the proceedings. If the court finds after a hearing held upon notice to the respondent that […]
§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-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 […]
§46A-6N-8. Contingency Rights; Assignments; Priority of Lien, Subrogation Interest, or Right of Reimbursement
(a) The contingent right to receive an amount of the potential proceeds of a legal claim may be assigned by a consumer, and that assignment is valid for the purposes of obtaining litigation financing from a litigation financier. (b) The lien of a litigation financier on a consumers legal claim has priority over liens that […]
§46A-6N-9. Fees; Terms; Incorporation of Obligations in Agreement
(a) A litigation financier may not charge the consumer an annual fee of more than 18 percent of the original amount of money provided to the consumer for the litigation financing transaction. (b) Litigation financiers shall not charge a consumer the annual fee authorized by §46A-6N-9(a) of this code more than one time each year […]
§46A-7-101. Division of Consumer Protection Created; Purpose
There is hereby created, under the authority of the Attorney General of the State of West Virginia, a division of consumer protection for the purposes set forth in this article.
§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 […]