H. B. 2827
(By Delegates Kessler, Burdiss, Guthrie,
Webster, D. Poling, Martin and Moye)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §47-11A-12b, relating
to prohibiting adhesion waivers of constitutional rights in
contractual provisions with consumers as being unenforceable.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §47-11A-12b, to read as
follows:
ARTICLE 11A. UNFAIR TRADE PRACTICES.
§47-11A-12b. Adhesion waivers prohibited and unenforceable.
No contract for any good or service, express or implied, made
by any person, firm, partnership, corporation, joint-stock company
or other association may contain any provision purportedly waiving
any person's constitutional rights whether under the United States
Constitution or the West Virginia Constitution. Any such waiver shall be considered an adhesion contract and acceptance of any
goods or service may not be construed as the forfeiture of any
constitutional right. For purposes of this section, goods and
services include imported products, domestic products, banking
services, insurance policies as well as all other services or
commodities offered for sale to consumers in this state.
NOTE: The purpose of this bill is to
prohibit adhesion
waivers of constitutional rights in contractual provisions with
consumers as being unenforceable.
This section is new; therefore, strike-throughs and
underscoring have been omitted.