The bill amends and reenacts sections 46A-2-122 and 55-7-8a of the West Virginia Code, focusing on consumer credit and protection actions. It introduces new definitions, clarifying that the term "consumer" now includes any duly appointed personal representative of a deceased individual who was obligated to pay a debt. Additionally, the definition of "claim" is specified to encompass obligations arising from transactions primarily for personal, family, or household purposes. The bill also clarifies that actions for violations of the West Virginia Consumer Credit and Protection Act will survive the death of either the person entitled to recover or the person liable.
Furthermore, the bill outlines that causes of action for injuries to property or person, as well as violations of the consumer protection code, will survive despite the death of the involved parties. It establishes that if an action is initiated during the lifetime of the injured party, it can be revived by their personal representative if the injured party dies before the action concludes. The bill ensures that these actions can be prosecuted to judgment against the wrongdoer or their representative, while also maintaining the existing statutes of limitations. Overall, the legislation aims to enhance consumer protection and clarify the legal processes surrounding debt and injury claims in the event of a party's death.
Statutes affected: Introduced Version: 46A-2-122, 55-7-8a
Engrossed Version: 46A-2-122, 55-7-8a
Enrolled Version: 46A-2-122, 55-7-8a