New Amendment to West Virginia Consumer Credit and Protection Act Provides More Clarity for Creditors

By: Colton C. Parsons, Peter J. Raupp

Published: March 26, 2021


On March 18, 2021, the West Virginia legislature passed Senate Bill 5 – an Amendment to the West Virginia Consumer Credit and Protection Act (WVCCPA). The Amendment provides more clarity about several aspects of litigation under the WVCCPA. Among other things, the Amendment:

The Amendment awaits Governor Justice’s signature to become final.


Consumer attorneys have often used the fee-shifting provisions of the WVCCPA as a mechanism to over-litigate insignificant violations of the WVCCPA. The Amendment provides clarifications and procedures intended to discourage frivolous lawsuits. The Amendment further provides businesses with tools to limit their potential exposure in WVCCPA cases.

Click here to view the final bill awaiting the governor’s signature

If you have questions about the amendments to the WVCCPA, please contact one of the authors of this alert. The authors of this alert and other members of Steptoe & Johnson’s Business Litigation Practice Group stand ready to defend banks, credit unions, other creditors, and debt servicers against claims made under the WVCCPA and other consumer credit laws.

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