WVC 46 A- 2 - 125
§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) Engaging any person in telephone conversation 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 incurred by a
medium of communication, by concealment of the true purpose of the
(d) Calling any person more than thirty times per week or
engaging any person in telephone conversation more than ten times
per week, 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. In determining whether a debt collector's conduct
violates this section, the debt collector's conduct will be
evaluated from the standpoint of a reasonable person. In the
absence of knowledge of circumstances to the contrary, a debt
collector shall assume that the convenient time for communicating
with a consumer is after eight o'clock antemeridian and before nine o'clock postmeridian, local time at the consumer's location.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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