WVC 46 A-
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT
AND PROTECTION ACT.
WVC 46 A- 6 I-
ARTICLE 6I. CONSUMER PROTECTIONS IN ELECTRONIC TRANSACTIONS.
WVC 46 A- 6 I- 1
(a) For purposes of this article, the terms herein have the
meaning ascribed in section two, article one, chapter thirty-nine-a
of this code.
(b) "Consumer transaction" means a transaction involving an
individual with respect to or primarily affecting personal, family,
household or agricultural purposes.
WVC 46 A- 6 I- 2
§46A-6I-2. Electronic response to electronic notices.
In a consumer transaction, when a consumer is required to
provide notice to exercise or preserve the consumer's rights under
any law, the consumer may exercise or preserve that right using the
same method by which the consumer was provided with notice of that
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.
WVC 46 A- 6 I- 4
§46A-6I-4. Electronic transferable records.
(a) In addition to the provisions of article one, chapter
thirty-nine-a of this code, this section applies to transferable
records in a consumer transaction.
(b) If payment is made to a person indicated to be in control
of a transferable record, as described in section sixteen, article
one of this chapter, by a system employed for evidencing the
transfer of interest in the transferable records, then the obligor
is discharged to the extent of the payment as permitted by article
three, chapter forty-six of this code.
WVC 46 A- 6 I- 5
§46A-6I-5. Relationship with federal and state law.
The requirements of this article are intended to supplement,
not to modify, limit, or supersede, the requirements of the federal
Electronic Signatures in Global and National Commerce Act, Public
Law No. 106-229, 15 U.S.C. 7001 or article one of this chapter.
WVC 46 A- 6 I- 6
In consumer transactions, the rules and requirements set out
in this article may not be changed by agreement of the parties.
WVC 46 A- 6 I- 7
If any provision of this article be found by a court of
competent jurisdiction to be unenforceable under the constitution
of this state or the laws and constitutions of the United States,
the remaining provisions of this article shall be severable and
shall continue in full force and effect.
Note: WV Code updated with legislation passed through the 2012 1st Special Session