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WV House of Delegates Considering Bill to Expand Consumer Protection Statute to Apply to Fees that Landlords Charge Their Tenants

By: Nicholas P. Mooney II

The West Virginia Legislature is currently in session. Like most years, many bills have been introduced to amend the West Virginia Consumer Credit and Protection Act, one of the primary consumer statutes in the state.

One of the bills is House Bill 4418. Last year, the highest court in West Virginia ruled the debt collection provisions in the statute do not apply to the fees a landlord charges its tenants (State ex rel. Morrisey v. Copper Beech Townhome Communities Twenty-Six, No. 17-0228, October 12, 2017).

HB 4418 amends various provisions of the statute to override the court’s decision and specifically provided the statute regulates those fees. You can find the bill here.

We are watching this bill and other bills. Check back to our blog for future updates.