COMMITTEE SUBSTITUTE

FOR

H. B. 4220

(By Delegates Staggers and Manchin)

(Originating in the House Committee on the Judiciary)

[February 4, 2014]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to requirements for agreements wherein consumers prospectively waive their rights to trials by jury on claims arising from related consumer transactions.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §46A-6-111, to read as follows:

ARTICLE 6. GENERAL CONSUMER PROTECTION.

§46A-6-111. Waiver of jury trial in claims arising from consumer transactions.

    An agreement wherein a consumer, in connection with a consumer transaction, prospectively waives his or her right to a jury trial in favor of mandatory arbitration on all claims or causes of action arising from such consumer transaction, is enforceable against the consumer: Provided, That such agreement (a) is memorialized and executed on a separate document, standing alone from other documents pertaining to the relevant consumer transaction, and (b) makes clear by conspicuous language that the waiver of trial by jury specifically includes, but is not limited to, claims or causes of action involving personal injury, property damage and death.