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Read Full West Virginia Debt Collection Act

46A-2-122. Definitions

46A-2-123. Practice of law by debt collectors

46A-2-124. Threats or coercion

46A-2-125. Oppression and abuse

46A-2-126. Unreasonable publication

46A-2-127. Fraudulent, deceptive or misleading representations

46A-2-128. Unfair or unconscionable means

46A-2-129. Postal violations

46A-2-129a. Deceptive or oppressive telephone calls

46A-2-130. Limitation on garnishment

Mortgage Loan Modification

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§ 46A-2-125. Oppression and abuse


No debt collector shall unreasonably oppress or abuse any person in connection with the collection of or attempt to collect any claim alleged to be due and owing by that person or another. Without limiting the general application of the foregoing, the following conduct is deemed to violate this section:

(a) The use of profane or obscene language or language that is intended to unreasonably abuse the hearer or reader;

(b) The placement of telephone calls without disclosure of the caller's identity and with the intent to annoy, harass or threaten any person at the called number;

(c) Causing expense to any person in the form of long distance telephone tolls, telegram fees or other charges in-curred by a medium of communication, by concealment of the true purpose of the communication; and

(d) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously, or at unusual times or at times known to be inconvenient, with intent to annoy, abuse, oppress or threaten any person at the called number.

Acts 1974, c. 12.


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