§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 […]
§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-7-105. Application of Administrative Procedures Act
Except as otherwise provided, the provisions of chapter twenty-nine-a of this code apply to and govern all administrative action taken by the Attorney General pursuant to this chapter.
§46A-7-106. Administrative Enforcement Orders; Judicial Review
(1) After notice and hearing the Attorney General may order a creditor or other person to cease and desist from engaging in violations of this chapter.
§46A-7-107. Assurance of Discontinuance
If it is claimed that a person has engaged in conduct which could be subject to an order by the Attorney General or by a court, the Attorney General may accept an assurance in writing that the person will not engage in the conduct in the future. Such assurance of voluntary compliance shall not be […]
§46A-7-108. Injunctions Against Violations of Chapter
The Attorney General may bring a civil action to restrain a person from violating this chapter and for other appropriate relief.
§46A-7-109. Injunctions Against Unconscionable Agreements and Fraudulent or Unconscionable Conduct
(1) The Attorney General may bring a civil action to restrain a creditor or a person acting in his behalf from engaging in a course of:
§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-7-113. Consumer's Remedies Not Affected
The grant of powers to the Attorney General in this chapter does not affect remedies available to consumers under this chapter or under other principles of law or equity.
§46A-7-114. Venue
The Attorney General may bring actions or proceedings under this chapter in the circuit court of any county in which an act on which the action or proceeding is based occurred, or in any county in which the respondent or defendant resides or transacts business.
§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 […]