West Virginia Circuit Court Holds WVCCPA Claims Expire on Consumer’s Death
On November 28, 2012, the Circuit Court of Raleigh County, West Virginia, entered an Order dismissing the consumer’s claims under the West Virginia Consumer Credit and Protection Act (WVCCPA), § 46A-2-102 et seq., with prejudice, holding that claims under the WVCCPA cannot survive the death of the consumer.
This was an issue of first impression in West Virginia. Following a hearing on the merits of Defendant Wells Fargo’s Motion for Judgment on the Pleadings, the Circuit Court for Raleigh County, historically a very consumer-friendly venue, entered an Order dismissing the Plaintiff’s WVCCPA claims with prejudice holding, they “expired upon the Plaintiff’s death.” Thus, Plaintiff’s WVCCPA claims could not be pursued by her representative.
Significantly, the Court’s November 28 Order is the first known ruling by any state or federal court in West Virginia on the survivability of WVCCPA claims following the death of the consumer. The Court’s ruling will likely limit the scope of claims filed by plaintiff’s counsel under the WVCCPA. The case is also important because the Raleigh County Circuit Court is reputed to have the largest docket of WVCCPA claims in the state.
A copy of the Court’s Order is attached here. Alberty v. WV Country Homes, Inc. et al., No. 09-C-457-K, Order (Cir. Ct. W. Va. Nov. 28, 2012) (Raleigh County).
Please do not hesitate to contact John Lynch, Jason Manning, or Liz Flowers if you have questions.
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