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Read Full West Virginia Debt Collection Act

46A-2-122. Definitions

46A-2-123. Practice of law by debt collectors

46A-2-124. Threats or coercion

46A-2-125. Oppression and abuse

46A-2-126. Unreasonable publication

46A-2-127. Fraudulent, deceptive or misleading representations

46A-2-128. Unfair or unconscionable means

46A-2-129. Postal violations

46A-2-129a. Deceptive or oppressive telephone calls

46A-2-130. Limitation on garnishment

Mortgage Loan Modification

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§ 46A-2-126. Unreasonable publication


No debt collector shall unreasonably publicize information relating to any alleged indebtedness or consumer. With-out limiting the general application of the foregoing, the following conduct is deemed to violate this section:

(a) The communication to any employer or his agent before judgment has been rendered of any information relating to an employee's indebtedness other than through proper legal action, process or proceeding;

(b) The disclosure, publication, or communication of information relating to a consumer's indebtedness to any rela-tive or family member of the consumer if such person is not residing with the consumer, except through proper legal action or process or at the express and unsolicited request of the relative or family member;

(c) The disclosure, publication or communication of any information relating to a consumer's indebtedness to any other person other than a credit reporting agency, by publishing or posting any list of consumers, commonly known as "deadbeat lists," except lists to prevent the fraudulent use of credit accounts or credit cards, by advertising for sale any claim to enforce payment thereof, or in any manner other than through proper legal action, process or proceeding; and

(d) The use of any form of communication to the consumer, which ordinarily may be seen by any other persons, that displays or conveys any information about the alleged claim other than the name, address and phone number of the debt collector.

Acts 1974, c. 12.


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