SENATE CONCURRENT RESOLUTION 65

(By Senators Azinger, Grady, Romano, Rucker, Smith, Stover, Weld, Woodrum, and Trump)

[Originating in the Committee on the Judiciary; Reported on March 10, 2022]

Requesting the Joint Committee on Government and Finance study the West Virginia Consumer Credit and Protection Act.

Whereas, “The purpose of the [West Virginia Consumer Protection and Credit Act] is to protect consumers from unfair, illegal, and deceptive acts or practices by providing an avenue of relief for consumers who would otherwise have difficulty proving their case under a more traditional cause of action.” State ex rel. McGraw v. Scott Runyan Pontiac-Buick, Inc., 194 W. Va. 770, at 777, 461 S.E.2d 516, at 523 (1995); and

Whereas, The West Virginia Consumer Protection and Credit Act “represents a comprehensive attempt on the part of the Legislature to extend protection to the consumers and persons who obtain credit in this State and who obviously constitute the vast majority of our adult citizens.” Harless v. First National Bank in Fairmont, et al., 162 W. Va. 116, at 125, 246 S.E.2d 270, at 275 (1978); and

Whereas, Considering the recitals above regarding the West Virginia Consumer Protection and Credit Act, §46A-1-101 et seq.; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance through the Joint Committee on the Judiciary is hereby requested to study the West Virginia Consumer Credit and Protection Act; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2023, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.