State Ex Rel. McGraw v. Telecheck Services, Inc.

In this case we conclude that a circuit court applied an erroneous standard in ruling on a request by the Attorney General for a preliminary injunction in a consumer protection case. We remand the case for hearing on the merits of permanent injunctive relief.

I

Facts & Background

On December 4, 2000, the Attorney General filed an action under W.Va.Code, 46A-1-101 et seq., the West Virginia Consumer Credit and Protection Act (“WVCCPA”) alleging that the appellee, Telecheck Services, Inc. (“Telecheck”), a national corporation, was engaging in illegal, unfair, or deceptive acts or practices…