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Chapter 46 A     Entire Code

CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.

ARTICLE 8. OPERATIVE DATE AND PROVISIONS FOR TRANSITION.

§46A-8-101. Time of becoming operative; provisions for transition; enforceability of prior transactions; applicability and effective dates of amendments.

 (a) Except as otherwise provided in this section, this chapter shall become operative at 12:01 a.m. on September 1, 1974.

 (b) Notwithstanding the provisions of subsection (a) of this section, in order to allow sufficient time to prepare for the implementation and operation of this chapter and to act on applications for licenses to make regulated consumer loans under this chapter as amended, the provisions of article four of this chapter, relating to regulated consumer lenders, and the provisions of article seven of this chapter, relating to their administration, shall, to the extent necessary, become operative for such purposes at 12:01 a.m. on September 1, 1996.

 (c) Transactions entered into before this chapter becomes operative and the rights, duties and interests flowing from them thereafter may be terminated, completed, consummated or enforced as required or permitted by any statute, rule of law or other law amended, repealed or modified by this chapter as though the repeal, amendment or modification had not occurred, but this chapter applies to:

 (1) Refinancings and consolidations made after this chapter becomes operative of consumer credit sales, consumer leases and consumer loans whenever made;

 (2) Consumer credit sales or consumer loans made after this chapter becomes operative pursuant to revolving charge accounts or revolving loan accounts entered into, arranged or contracted for before this chapter becomes operative; and

 (3) All consumer credit transactions made before this chapter becomes operative insofar as this chapter limits the remedies of creditors.

(d) Applicability. — The amendments made during the 2017 regular session of the Legislature to section one hundred five, article two of this chapter shall apply to consumer credit sales or consumer loans entered into on after the effective date of those amendments.  The amendments made during the 2017 regular session of the Legislature to sections one hundred twenty-eight and one hundred forty, article two of this chapter, shall apply to all causes of accruing on or after the effective date of those amendments.  The amendments made during the 2017 regular session of the Legislature to section one hundred twenty-two, article two and sections one hundred one and one hundred eight, article five of this chapter shall apply to all causes of action filed on or after the effective date of those amendments.

§46A-8-102. Severability.

If, for any reason, any article, section, sentence, clause, phrase or provision of this chapter or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other articles, sections, sentences, clauses, phrases or provisions or their application to any other person or circumstance, and to this end each and every article, section, sentence, clause, phrase or provision of this chapter is hereby declared to be severable.

Note: WV Code updated with legislation passed through the 2017 Regular Session
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