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WV HB3162

Bill

Status

Passed

4/12/2025

Primary Sponsor

Bill Flanigan

Click for details

Origin

House of Delegates

2025 Regular Session

AI Summary

  • Expands the definition of "consumer" under the West Virginia Consumer Credit and Protection Act to include duly appointed personal representatives of a deceased person's estate who was obligated or allegedly obligated to pay a debt

  • Clarifies that violations of Chapter 46A (Consumer Credit and Protection Act) are causes of action that survive the death of either the person entitled to recover damages or the person liable for the violation

  • Excludes licensed West Virginia attorneys from the definition of "debt collector" when they handle claims and collections through their law firm rather than operating a collection agency managed by a non-attorney

  • Allows personal representatives to continue or initiate consumer protection lawsuits on behalf of deceased consumers, subject to existing statutes of limitations

  • Effective date is July 11, 2025 (90 days after passage on April 12, 2025)

Legislative Description

Providing that causes of action under Chapter 46A of the Code of West Virginia survive the death of the party

Actions, Suits and Liens

Last Action

Approved by Governor 4/29/2025

4/29/2025

Committee Referrals

Judiciary4/3/2025
Banking and Insurance3/20/2025
Judiciary3/11/2025
Courts3/10/2025
Judiciary3/5/2025

Full Bill Text

No bill text available