Unfair or Deceptive Acts or Practices

Most consumers have learned to be suspicious or skeptical of deals that sound too good to be true or over-the-top advertisements from businesses. When consumers in West Virginia still get taken advantage of by various scams, false advertisements, or unfair sales tactics, these are known in legal circles as “deceptive trade practices.” Not only are they prohibited under state law, but there are also various federal protections offering relief.

When Companies Mislead Consumers in West Virginia

Consumers in West Virginia have the right to get the quality products and services they pay their hard-earned money for in West Virginia. If a person is misled or deceived during a consumer transaction, bought a defective product, wasn’t told critical information about a product, or paid for services that they didn’t receive, the consumer protection laws in West Virginia give them the right to recover damages.

State and Federal Laws Dealing With Deceptive Practices

Many West Virginia residents believe they are out of luck when they get taken advantage of by a business of any size. This isn’t necessarily the case. There are many state and federal laws offering consumers protection against deceptive practices.

While West Virginia hasn’t adopted the federal Uniform Deceptive Trade Practices Act, many of the state’s consumer protection laws prohibit businesses from intentionally misleading consumers. West Virginia Code 46A-6-101 offers a variety of general consumer protection clauses.

Along with state laws, there are many federal laws offering consumer protection from deceptive practices. Among them are:

• Fair Credit Reporting Act (FCRA)
• Equal Credit Opportunity Act (ECOA)
• Fair Debt Collection Practices Act (FDCPA)
• Consumer Product Safety Act (CPSA)
• Consumer Protection Act (Dodd-Frank Act)
• Truth in Lending Act (TILA)
• Magnuson Moss Warranty Act

Deceptive Practices Cases We Handle in West Virginia

The last thing any consumer expects to happen when they deal with a business is for that company to deceive them. It’s hurtful and frustrating, not to mention financially devastating.

When this does happen, it’s important to pursue legal action for several reasons. First, it can help recoup financial losses and even get additional compensation. Second, it can discourage these businesses from harming other consumers similarly in the future.

At Powell & Majestro P.L.L.C., some of the deceptive practices cases we handle in West Virginia include:

Credit Fraud

Consumer credit sales in the United States are highly regulated, but that doesn’t mean that businesses won’t still try to bend or break the rules to make more money off of vulnerable customers. Despite the state and federal laws in place, it’s not uncommon for consumers in this state to become the victims of various types of credit fraud like deal packing, loan packing, and predatory lending practices.

Unfair Bank & Lender Practices

When a bank or lender misrepresents interest rates or charges hidden fees, they can be held liable for the harm they cause to consumers. Some of the other ways financial institutions have been held accountable for unfair practices include:

• Changing fees without notification
• Delaying deposits to accounts
• Manipulating processes to maximize bank income
• Opening new accounts without the consumer’s consent
• Transferring funds between accounts without permission

Unfair Debt Collection

West Virginia uses state (Chapter 46A Article 2) and federal laws to protect consumers and against unfair debt collection practices by businesses and collection agencies. Specifically, it is unlawful for businesses to mislead, deceive, or do anything fraudulent to collect a debt. Examples include misrepresenting the name of the company, making false statements, making harassing phone calls or contacts, and contacting an employer or relative without permission.

Lemon Law

Whether they do so knowingly or not, automobile manufacturers regularly churn out vehicles with safety and manufacturing defects. When these “lemons” make their way into the hands and driveways of consumers, it leads to frustration, financial nightmares, and even accidents causing serious bodily harm. Fortunately, West Virginia’s Lemon Law and federal warranty laws provide consumers with a way to pursue justice and fair compensation.

Auto Sales Fraud

Another common type of fraud involving vehicles is dealers knowingly selling cars that have already been repurchased under the state’s lemon law or selling vehicles that have previously been wrecked and not disclosing the information. In addition to remedies under the Lemon Law, these sellers can be held liable for the failure to disclose known defects at the time of sale.

Manufactured Home Defects

Many West Virginians purchase and live in prefabricated or manufactured homes because they are affordable and quick to build. However, some of these homes arrive with defects, and manufacturers are not quick to honor their warranties. Fortunately, a skilled deceptive practices lawyer can provide assistance in these matters.

False Advertising

False advertising is a type of deceptive business practice in which companies selling products or services do not give consumers the complete picture through their ads. This might include leaving out certain information or making outright false statements in ads.

State and federal laws give consumers the right to seek compensation for these shady business practices for the financial injuries and other damages suffered due to things like false statements, undisclosed costs, bait-and-switch scams, deceptive guarantees or warranties, misleading labels, and confusing ads.

Experienced and Skilled West Virginia Deceptive Practices Law Firm

At Powell & Majestro P.L.L.C., we believe strongly in protecting the rights of consumers against deceptive practices. No person or small business should suffer financially or emotionally because of the actions of a few bad apples.

Our deceptive practices attorneys have more than 55 years of combined experience protecting consumer rights. We understand consumer protection law and fight hard to get our clients the results they need and deserve.

Drawing on our deep knowledge of state and federal laws and strong track record of results, we frequently work with other attorneys and experts to help clients get the best possible results. Our firm has handled and won just about every type of deceptive practices case in West Virginia over the year. We welcome an opportunity to discuss your situation or form a partnership.

Please call 800-650-2889 or contact us online to schedule a free initial consultation in our Charleston or Parkersburg offices.