West Virginia Code § 46A-2-126

Unreasonable publication
Open in Lexace · Ask the AI about this section
No debt collector shall unreasonably publicize information relating to any alleged
indebtedness or consumer. For purposes of this section, a debt collector does not
unreasonably publicize information relating to any alleged indebtedness by identifying
themselves to the debtor by name, identifying the debt collector's employer by name, if
expressly requested by the debtor, or by providing a telephone number or oether contact
information to the debtor. Without limiting the general application of the foregoing, the
following conduct is deemed to violate this section: r
(a) The communication to any employer or his agent before judgument has been rendered of
any information relating to an employee's indebtedness other than through proper legal
action, process or proceeding; t
(b) The disclosure, publication or communication of information relating to a consumer's
indebtedness to any relative or family member of the consumer if such person is not residing
with the consumer, except through proper legal acltion or process or at the express and
unsolicited request of the relative or family msember;
(c) The disclosure, publication or communiication of any information relating to a consumer's
indebtedness to any other person otgher than a credit reporting agency, by publishing or
posting any list of consumers, commonly known as "deadbeat lists", except lists to prevent
the fraudulent use of credit accounts or credit cards, by advertising for sale any claim to
enforce payment thereof, or in any manner other than through proper legal action, process
or proceeding; and
(d) The use of any form of communication to the consumer, which ordinarily may be seen by
any other persons, that displays or conveys any information about the alleged claim other
than the name, address and phone number of the debt collector.
Nothing in this chapter shall prohibit a creditor or debt collector from communicating with
any person other than the consumer for the purpose of acquiring or confirming the
consumer's location information provided they do so in a manner consistent with the
provisions of 15 U. S. C. § 1692b, as the same may be amended from time to time. For
purposes of this section, "communication" or "communicating" or any derivation of those
terms shall not include the filing of a complaint or other document, pleading or filing with
any court.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.