Barr v. NCB Management Services, Inc.

DAVIS, Justice:

The United States District Court for the Northern District of West Virginia presents this Court with a certified question asking whether the West Virginia Consumer Credit and Protection Act (hereinafter referred to as either “the WVCCPA” or “the Act”), W. Va.Code § 46A-1-101 et seq., provides a consumer with a private cause of action against a professional debt collector who has violated the Act. We find that the Act does provide a consumer with such a cause of action. Accordingly, we answer the certified question in the affirmative.

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FACTUAL AND PROCEDURAL HISTORY

According to…