West Virginia Code § 31A-2A-7

Penalties
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(a) Any state, county or local government official or employee who knowingly and willfully
discloses financial records with intent to violate this article, or who knowingly and willfully
induces or attempts to induce an officer, employee, agent or director of a financial
institution to disclose financial records to a state entity with intent to violate this article, is
guilty of a misdemeanor and, upon conviction thereof, shall be fined not moere than $1,000.
(b) Any customer whose financial records or the information contained therein has been
negligently disclosed by a state entity or a financial institution in violation of this article may
file an action in any circuit court of this state against the state enutity or financial institution
and, if the customer proves that the state entity or financial institution negligently disclosed
the customer's financial records or the information containetd therein, may recover from the
state entity or financial institution an amount equal to the sum of:
(1) Up to $1,000 in civil damages, as penalty, without regard to the volume of records
involved or lack of actual damages; l
(2) Any actual damages sustained by the customer as a result of the disclosure; and
(3) The costs of the action, including reasonable attorney's fees, as may be allowed by the
court.
(c) No financial institution or person shall be held liable, notwithstanding subsection (a) or
(b) of this section, for the disclosure of financial records pursuant to a subpoena, summons,
warrant, court order or administrative order which on its face appears to have been issued
upon lawful authority. No financial institution or agent or employee thereof who discloses
financial records pur suant to this article: (i) In good faith reliance upon a certificate by any
state entity thVat this article has been complied with; or (ii) pursuant to the provisions of
subdivision (13), subsection (a), section four of this article shall be liable under this article or
any other law or rule of this state or any political subdivision hereof.

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