Changes to the WV Consumer Credit and Protection Act: Estates Have Standing
April 17, 2025
By: Angela L. Beblo
Under the current version of the WV Consumer Credit and Protection Act, §§ 46A-1-101 et seq., a consumer’s claims expire upon their death. Several circuit courts reached that decision in cases due to the definition of “consumer” set forth in §46A-2-122(a) being defined as a “natural person.” W. Va. Code § 46A-2-122(a).
House Bill 3162, passed by the West Virginia Legislature during the 2025 legislative session, aims to change that. The bill amends Section 122(a) by adding language that states:
The term "consumer" shall include any duly appointed administrator of the estate of a natural person obligated or allegedly obligated to pay any debt. The term "consumer" further includes any natural person obligated under a deed of trust or lien that secures property primarily used for personal, family, or household purposes wherein the property is subject to foreclosure or forfeiture for failure to pay money.
The bill also updates the actions that survive code section to specifically state that “any violations of Chapter 46A of this code” also survive death. Id. (citing W. Va. Code § 55-7-8a).
The bill has been sent to the governor’s office for a signature. Unless he vetoes the bill, the new language will become effective July 11, 2025. This means that creditors will remain subject to potential claims and allegations for the entirety of the statute of limitations for claims set forth in W. Va. Code § 46A-5-101. The burden of proof for the claims will remain upon the estates and may make for interesting arguments for those claims alleging fraud, misrepresentation, or other similar allegations. Particularly if creditors will be filing claims against estates.