{"id":377201,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-deceptive-trade-practices-laws.html"},"modified":"2017-10-26T14:46:43","modified_gmt":"2017-10-26T19:46:43","slug":"west-virginia-deceptive-trade-practices-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-deceptive-trade-practices-laws.html","title":{"rendered":"West Virginia Deceptive Trade Practices Laws"},"content":{"rendered":"\n
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West Virginia Deceptive Trade Practices Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Most of us have been trained to be skeptical consumers, suspicious of over-the-top advertisements and wary of deals that sound too good to be true. So what is the Mountain State doing to protect citizens from shady sales tactics, false advertisements, and other sales scams? <\/p>\n

These are known collectively as \u201cdeceptive trade practices<\/a>\u201d and prohibited under state law. Here is a quick introduction to deceptive trade practice laws in West Virginia.<\/p>\n

Deceptive Trade Practices Laws<\/h2>\n

State laws against deceptive trade practices are intended to protect consumers by ensuring honesty and transparency in product labeling, advertisement, and sales. While West Virginia has yet to adopt the Uniform Deceptive Trade Practices Act<\/a>, there are multiple state statutes and consumer protection laws that prohibit sellers from intentionally misleading buyers. These deceptive trade practices laws can prohibit everything from misstating warranty protections and spam emails to changing a used car\u2019s odometer. The details of West Virginia\u2019s deceptive trade practices laws are listed below.<\/p>\n\n

Uniform Deceptive Trade Practices Act Adopted<\/p>\n<\/td>\n

No<\/p>\n

West Virginia Code 46A-6-101, et seq.<\/a>: General Consumer Protection<\/p>\n<\/td>\n<\/tr>

False Advertising Forbidden<\/p>\n<\/td>\n

Yes<\/p>\n

46A-6-102; 46A-6-104<\/p>\n<\/td>\n<\/tr>

Who May Bring Suit<\/p>\n<\/td>\n

Consumer with ascertainable loss<\/p>\n

46A-6-106<\/p>\n<\/td>\n<\/tr>

Remedies Available<\/p>\n<\/td>\n

The greater of actual damages or $200; injunction<\/p>\n

46A-6-106;<\/p>\n

Equitable relief<\/p>\n<\/td>\n<\/tr>

Auto Odometer Tampering Forbidden<\/p>\n<\/td>\n

No specific provision against tampering<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Protecting Yourself Against Deceptive Trade Practices<\/h2>\n

West Virginia\u2019s deceptive trade practice laws are a great start, but they are limited to prosecuting illegal sales tactics after they happen. Therefore, it\u2019s up to us consumers to do our best to avoid consumer scams before they happen. Each state has consumer protection offices<\/a> that can provide you with the most current information and insight on local scams. Consumer protection offices can also receive reports about local deceptive business practices. <\/p>\n

Along with state laws, federal resources like www.consumeraction.gov<\/a>, and nation-wide nonprofits like the Better Business Bureau at www.bbb.org<\/a> and www.fraud.org<\/a> have online resources for filling out complaints, and can direct you to the appropriate local, state, and federal agencies with which to file a consumer fraud complaint.<\/p>\n

More Resources for Deceptive Trade Practices Laws in West Virginia<\/h2>\n

The state laws outlawing deceptive trade practices can be as baffling as the scams themselves. FindLaw’s section on Consumer Protection<\/a> can provide you with additional articles and resources on this topic. You can also consult with a West Virginia consumer protection attorney<\/a> in your area if you would like legal help regarding a consumer fraud or deceptive trade practices matter.<\/p>\n

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