West Virginia Debt Collection Harassment and Consumer Protection Lawyers

By J. Brandon Shumaker  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated October 26, 2026

Quick Answer: The West Virginia Consumer Credit and Protection Act (WVCCPA), W. Va. Code Chapter 46A, prohibits debt collectors from using threats, harassment, deception, unreasonable publication, or unfair means to collect consumer debts. When a collector violates the Act, a consumer may recover actual damages and a civil penalty of $1,000 per violation (W. Va. Code § 46A-5-101), and the court may award reasonable attorney’s fees (§ 46A-5-104). Slavey & Shumaker PLLC represents consumers in Morgantown and throughout North Central West Virginia. Call (304) 212-5791 for a free consultation.

Collection calls can feel relentless: calls to your cell phone and your workplace, threats about your job or your freedom, letters that look like court papers, or demands for fees you never agreed to pay. West Virginia law sets firm limits on how a debt can be collected, and those limits apply whether or not you actually owe the money.

At Slavey & Shumaker PLLC, we represent consumers throughout Morgantown, Monongalia County, and North Central West Virginia in claims under the West Virginia Consumer Credit and Protection Act. Our office is on Chancery Row, beside the Monongalia County Courthouse.

Have you been sued on a debt? Do not ignore court papers. A deadline to respond is already running, and missing it can lead to a default judgment. Collection conduct that violates the WVCCPA may also support a counterclaim in that case.

1. Who the West Virginia Consumer Credit and Protection Act Protects

The debt collection provisions of the Act protect any “consumer,” which W. Va. Code § 46A-2-122(a) defines as any natural person obligated or allegedly obligated to pay any debt, including the personal representative of a deceased person’s estate.

The protections apply to a “claim,” meaning an obligation or alleged obligation to pay money arising from a transaction that was primarily for personal, family or household purposes, whether or not the obligation has been reduced to judgment (§ 46A-2-122(b)).

Not just collection agencies. The Act defines “debt collector” broadly as any person or organization engaging directly or indirectly in debt collection (§ 46A-2-122(d)). The statute excludes West Virginia licensed attorneys who represent creditors and handle collections in their own name through a law firm that is not operating a collection agency under the management of a non-attorney.

2. Debt Collection Practices West Virginia Law Prohibits

Article 2 of Chapter 46A lists specific categories of prohibited collection conduct. Each section states a general rule and then lists examples, “without limiting the general application” of the rule.

1 Threats or Coercion (§ 46A-2-124)

A debt collector may not collect or attempt to collect a debt by any threat, coercion or attempt to coerce. The statute lists, among other conduct:

  • Threatening violence or other criminal means to harm a person, their reputation or their property
  • Accusing or threatening to accuse a person of fraud or any crime
  • Falsely telling another person, including a credit reporting agency, that a consumer is willfully refusing to pay a just debt
  • Threatening that nonpayment will result in the arrest of any person
  • Threatening wage garnishment or other action requiring court approval without telling the consumer that a court order must be in effect first
  • Threatening to take any action that the law prohibits

Read W. Va. Code § 46A-2-124

2 Oppression and Abuse (§ 46A-2-125)

A debt collector may not unreasonably oppress or abuse any person in connection with collecting a claim. Prohibited conduct includes:

  • Using profane or obscene language, or language intended to unreasonably abuse the listener or reader
  • Calling without disclosing the caller’s identity, with intent to annoy, harass or threaten
  • Calling any person more than thirty times per week, or engaging any person in telephone conversation more than ten times per week, or calling at unusual or known inconvenient times, with intent to annoy, abuse, oppress or threaten

The statute measures the collector’s conduct from the standpoint of a reasonable person. Read W. Va. Code § 46A-2-125

3 Unreasonable Publication (§ 46A-2-126)

A debt collector may not unreasonably publicize information about a consumer’s alleged debt. The statute lists, among other conduct, communicating with your employer about the debt before a judgment has been entered (other than through proper legal action or process), disclosing the debt to relatives who do not live with you except through legal process or at their own unsolicited request, and publishing “deadbeat lists.”

Read W. Va. Code § 46A-2-126

4 Fraudulent, Deceptive or Misleading Representations (§ 46A-2-127)

A debt collector may not use any fraudulent, deceptive or misleading representation or means to collect a claim. Examples in the statute include using a name other than the collector’s true business name, falsely representing the character, extent or amount of a claim or its status in a legal proceeding, falsely implying government affiliation, using documents that simulate court papers, and representing that fees may be added to a debt when they legally cannot.

Read W. Va. Code § 46A-2-127

5 Unfair or Unconscionable Means (§ 46A-2-128)

A debt collector may not use unfair or unconscionable means to collect a claim. Among other things, the statute prohibits:

  • Collecting interest, fees or charges that are not expressly authorized by the agreement and by statute or regulation
  • Communicating with a consumer more than three business days after receiving written notice that the consumer is represented by an attorney regarding that debt, when the notice meets the statute’s requirements (including the attorney’s name, address and telephone number, sent by certified mail, return receipt requested, to the collector’s registered agent or principal place of business)
  • Collecting a debt that is beyond the statute of limitations for a collection lawsuit without including the disclosures the statute requires in every written communication

Read W. Va. Code § 46A-2-128

3. What You Can Recover Under the WVCCPA

The remedies for prohibited debt collection practices are set out in Article 5 of Chapter 46A, beginning with W. Va. Code § 46A-5-101.

Actual Damages
§ 46A-5-101(1)(a)

  • Losses caused by the violation

Civil Penalty
§ 46A-5-101(1)(b)  ·  § 46A-5-106

  • $1,000 per violation
  • Total capped at the greater of $175,000 or the total alleged outstanding indebtedness
  • Court may adjust for inflation from September 1, 2015

Attorney’s Fees
§ 46A-5-104

  • Court may award reasonable fees and expenses to the consumer
  • Based on the factors listed in the statute

Debt Cancellation
§ 46A-5-105

  • For willful violations by a creditor
  • Court may cancel a debt that is not secured by a security interest

Is a Debt Collector Harassing You?

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4. The Notice and Right to Cure Before a Lawsuit

Before filing suit, West Virginia law generally requires the consumer to give the creditor or debt collector written notice of the alleged violation and its factual basis by certified mail, return receipt requested, to the registered agent on file with the West Virginia Secretary of State, or to the principal place of business if no agent is registered. A lawsuit may not be filed until 45 days after that notice, during which the creditor or debt collector may make a cure offer (W. Va. Code § 46A-5-108(a)).

Why the notice must be done correctly. Any applicable statute of limitations is tolled during the notice period (§ 46A-5-108(c)), and a cure offer that is made, accepted and performed is a complete defense (§ 46A-5-108(e)).

5. Filing Deadlines

Filing deadlines depend on the type of claim. For example, for violations arising from consumer credit sales, consumer leases or consumer loans, no action under § 46A-5-101(1) may be brought more than four years after the violations occurred.

Do not wait. Because deadlines vary and the pre-suit notice period adds time, it is best to speak with a lawyer as soon as the conduct begins.

6. What to Do If a Debt Collector Is Harassing You

  1. Keep a log of every call: date, time, phone number, the caller’s name and company, and what was said.
  2. Save everything: voicemails, text messages, letters, envelopes and emails. Take screenshots of your call history.
  3. Do not ignore court papers. If you have been sued on a debt, a deadline to respond is already running.
  4. Do not agree to pay, or make a payment, on an old debt before getting advice, especially if it may be past the statute of limitations.
  5. Talk to a lawyer about sending a representation notice that meets § 46A-2-128(e) and about whether the conduct supports a claim.

Debt collection problems often show up on credit reports. If a collector or creditor is reporting inaccurate information, see our page on credit report errors and identity theft claims under the Fair Credit Reporting Act. Federal law, including the Fair Debt Collection Practices Act, may also apply to some collectors, and a single course of conduct can support claims under more than one statute.

8. Frequently Asked Questions About Debt Collection Harassment in West Virginia

Can a debt collector call my employer in West Virginia?
Before a judgment is entered, W. Va. Code § 46A-2-126(a) prohibits a debt collector from communicating information about your debt to your employer or the employer’s agent, other than through proper legal action, process or proceeding.
Can a debt collector threaten to have me arrested?
No. Threatening that nonpayment of a claim will result in the arrest of any person is listed as a prohibited threat in W. Va. Code § 46A-2-124(e)(1).
How many calls from a debt collector are too many?
W. Va. Code § 46A-2-125(d) prohibits calling any person more than thirty times per week, or engaging any person in telephone conversation more than ten times per week, when done with intent to annoy, abuse, oppress or threaten. Calls at unusual or known inconvenient times are also covered.
What happens after I tell a collector I have a lawyer?
Under W. Va. Code § 46A-2-128(e), once a collector receives a written notice that meets the statute’s requirements, further communication with you more than three business days later is prohibited, with limited exceptions such as regular account statements and legally required notices.
What does a consultation cost?
Your initial consultation with Slavey & Shumaker PLLC is free. Call (304) 212-5791 or use the form on our contact page.
Our Attorneys
J. Brandon Shumaker
Managing Attorney
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J. Tyler Slavey
Managing Attorney
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Scott B. Harris
Associate Attorney
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Kasey Libby
Associate Attorney
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Speak With a Morgantown Consumer Protection Lawyer Today

Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Serving Monongalia, Preston, Marion and Harrison Counties.

Call (304) 212-5791

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts.