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Home » US Law » 2022 West Virginia Code » Chapter 46A. West Virginia Consumer Credit and Protection Act » Article 6I. Consumer Protections in Electronic Transactions

§46A-6I-1. Definitions

(a) For purposes of this article, the terms herein have the meaning ascribed in section two, article one, chapter thirty-nine-a of this code. (b) "Consumer transaction" means a transaction involving an individual with respect to or primarily affecting personal, family, household or agricultural purposes.

§46A-6I-2. Electronic Response to Electronic Notices

In a consumer transaction, when a consumer is required to provide notice to exercise or preserve the consumer's rights under any law, the consumer may exercise or preserve that right using the same method by which the consumer was provided with notice of that right.

§46A-6I-3. Receipt of Electronic Record

Notwithstanding the provisions of article one, chapter thirty-nine-a of this code, in a consumer transaction, an electronic record is not sent to or received by a party if the sender has actual knowledge that such party did not actually receive the electronic record. In that case, the sender's sole obligation shall be to take reasonable […]

§46A-6I-4. Electronic Transferable Records

(a) In addition to the provisions of article one, chapter thirty-nine-a of this code, this section applies to transferable records in a consumer transaction. (b) If payment is made to a person indicated to be in control of a transferable record, as described in section sixteen, article one of this chapter, by a system employed […]

§46A-6I-5. Relationship With Federal and State Law

The requirements of this article are intended to supplement, not to modify, limit, or supersede, the requirements of the federal Electronic Signatures in Global and National Commerce Act, Public Law No. 106-229, 15 U.S.C. 7001 or article one of this chapter.

§46A-6I-6. Waiver

In consumer transactions, the rules and requirements set out in this article may not be changed by agreement of the parties.

§46A-6I-7. Severability

If any provision of this article be found by a court of competent jurisdiction to be unenforceable under the Constitution of this state or the laws and Constitutions of the United States, the remaining provisions of this article shall be severable and shall continue in full force and effect.