The West Virginia Governor signed a bill on March 31, 2015 clarifying provisions of the state’s Consumer Credit and Protection Act relating to debt collection, including a codification of abusive call volume. Much of the new language brings West Virginia law into greater alignment with the Fair Debt Collection Practices Act (FDCPA).
The law will go into effect on June 12, 2015.
Below is a summary of key changes:
- The bill specifies the number of debt collection calls and contacts allowed in a week, striking the previous language of “repeatedly or continuously.” Debt collectors in West Virginia are allowed no more than 30 calls to a person in a week or 10 telephone conversations per week.
- The bill allows third party and in-house collectors to contact third parties for location information, if performed in a manner consistent with the FDCPA.
- The new legislation doubles the allowable amount for late fees creditors can charge on delinquent accounts from the previous $15 up to $30.
- The new law also changes the definition of a communication in certain places by replacing “The placement of telephone calls” with “Engaging any person in telephone conversation.”