![]() Further, recovery of attorney’s fees and collection costs may not exceed 33.333% of the amount due and owing to the institution ĭ) Collecting or attempting to collect any interest or other charge incidental to the principal obligation unless such incidental expense is expressly authorized in the original agreement and by statute Į) Any communication with the consumer that is represented by an attorney, and that attorney’s name and address are known or could be easily discovered.į) Failing to provide in the initial written communication with a consumer statutory obsolescence disclosure information, relating to the debtor’s inability to sue the consumer due to the age of the debt and whether or not the debtor may report the unpaid balance to the credit reporting agencies, when attempting to collect a debt that has aged passed the statute of limitations for filing a legal action. Unfair or unconscionable conduct now includes:Ī) Seeking or obtaining any written statement or acknowledgement that specifies that a consumer’s obligation was incurred for necessaries of life when such is not true ī) Seeking or obtaining any written statement or acknowledgement from a consumer having been declared bankrupt that contains an affirmation of any obligation without clearly disclosing the nature and consequences of making such a statement and the fact that the consumer is not legally obligated to do so Ĭ) Collecting or attempting to collect any part of the debt collector’s fee, provided that reasonable collection costs and charges necessary for the collection of amounts due upon delinquent educational loans may be recovered when the terms of the obligation provide for such. West Virginia has amended and reenacted provisions in section 46A article 2 relating to conduct that constitutes unfair or unconscionable conduct when collecting or attempting to collect a debt. West Virginia Revises Provisions Regarding Consumer Credit Protection ![]()
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