WVC 46 A- 6 I- 3
§46A-6I-3. Receipt of electronic record.
Notwithstanding the provisions of article one, chapter
thirty-nine-a of this code, in a consumer transaction, an
electronic record is not sent to or received by a party if the
sender has actual knowledge that such party did not actually
receive the electronic record. In that case, the sender's sole
obligation shall be to take reasonable steps to attempt redelivery
using information in the sender's files. This redelivery
requirement is satisfied if the sender sends the electronic record
to a different electronic mail address or to a postal address the
sender has on file.