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Chapter 46 A     Entire Code
‹ Chapter 46  |  Chapter 46B › Printer Friendly Versions
Chapter 46A  |  Article 46A - 6I  |  Section 1
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 §46A-6I-1. Definitions.
(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 right.

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 §46A-6I-6. Waiver.
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 §46A-6I-7. Severability.
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 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§46 A- 6 J- 1 - (Amended Code)
§46 A- 6 J- 2 - (Amended Code)
§46 A- 6 J- 3 - (Amended Code)
§46 A- 6 J- 4 - (Amended Code)
HOUSE BILL - 4147
PASSED - Regular Session

HB4147 SUB ENR  (Uploaded - 03/25/2014)
HB4147 ENR SUB  (Uploaded - 03/25/2014)
Relating to emergency preparedness
§46 A- 2 - 128 - (Amended Code)
HOUSE BILL - 4360
PASSED - Regular Session

HB4360 ENR SUB  (Uploaded - 03/25/2014)
Relating to consumer credit protection
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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