West Virginia Notice of Increase in Charge for Credit Based on Information Received From Person Other Than Consumer Reporting Agency

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US-01411BG
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Description

Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for the credit is increased either wholly or partly because of information obtained from a person other than a credit reporting agency bearing on the consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, certain requirements must be met. The user of such information, when the adverse action is communicated to the consumer, must clearly and accurately disclose the consumer's right to make a written request for disclosure of the information. If such a request is made and is received within 60 days after the consumer learned of the adverse action, the user, within a reasonable period of time, must disclose to the consumer the nature of the information.

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FAQ

The Act (Title VI of the Consumer Credit Protection Act) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report cannot be provided to anyone who does not have a purpose specified in the Act.

West Virginia law, specifically WV Code §46A-2-127, states that debt collectors should not deceive, mislead, or perform fraudulent activities when collecting and attempting to collect a debt. Examples of these bad business practices include: Refusal to give their true name and hide behind the company's name.

The Consumer Credit Act 1974 (CCA), as later amended by The Consumer Credit Act 2006, introduced a system to regulate the actions of lending institutions in relation to various agreements such as credit agreements and hires. It controls the lending process and protects consumers entering into such agreements.

What is Consumer Credit? A consumer credit system allows consumers to borrow money or incur debt, and to defer repayment of that money over time.

Enable debtors to challenge unfair relationships with creditors; and. provide for an Ombudsman scheme to hear complaints in relation to businesses licensed under the 1974 Act, as amended.

The Act (Title VI of the Consumer Credit Protection Act) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report cannot be provided to anyone who does not have a purpose specified in the Act.

What is the statute of limitations for a consumer protection claim in your jurisdiction? The statute of limitations is four years under the West Virginia Consumer Credit and Protection Act (W. Va. Code § 46A-5-101).

Reporting of Medical Debt: The three major credit bureaus (Equifax, Transunion, and Experian) will institute a new policy by March 30, 2023, to no longer include medical debt under a dollar threshold (the threshold will be at least $500) on credit reports.

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West Virginia Notice of Increase in Charge for Credit Based on Information Received From Person Other Than Consumer Reporting Agency