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WEST VIRGINIA LEGISLATURE
2023 REGULAR SESSION
Introduced
House Bill 3385
By Delegate Statler
[Introduced February 13, 2023; Referred to the Committee on the Judiciary]
A BILL to amend and reenact §46B-2-1 of the Code of West Virginia, 1931, as amended, relating to eliminating the maximum fair market value limit for any single item which is the subject of a rent-to-own agreement of consumer goods.
Be it enacted by the Legislature of West Virginia:
(a) A rental agreement is not enforceable by a dealer by way of action or defense unless there is a writing, signed by both the dealer or his or her agent or employee and the consumer, sufficient to indicate that a rent-to-own agreement has been made between the parties, reasonably identifying and describing the consumer goods to be rented. Any purported rent-to-own agreement entered into without a written agreement may be voided by the consumer, who may return the consumer goods and be refunded all amounts previously paid to the dealer under the purported rental agreement.
(b) A rental agreement is not enforceable by a dealer against a consumer unless the written agreement contains all disclosures required by the provisions of this chapter, and unless a copy of the written agreement is delivered to the consumer contemporaneously with the execution of the written agreement. Any written agreement executed by a consumer which does not comply with the requirements of this subsection may be voided by the consumer.
(c) The fair market value for any single item which is the subject of a rent-to-own agreement may not be more than $10,000
NOTE: The purpose of this bill is to eliminate the maximum fair market value limit for any single item which is the subject of a rent-to-own agreement of consumer goods.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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