Dunlap v. Friedman's, Inc.

(Filed July 7, 2003)

In this proceeding, the majority found that a consumer who is a party to a closed-end credit transaction may choose between two different statutes of limitation under the West Virginia Consumer Credit and Protection Act (hereinafter “WVCCPA”): “either the four-year period commencing with the date of the transaction or within one year of the due date of the last payment, which ever is later.” Syl. pt. 6, Maj. Op. I respectfully dissent from this holding which applies two separate statutes of limitation to one single transaction as such a conclusion “elevates form over…