Pub. 2 2011 Issue 4

winter 2011 11 F irst, a consumer would be entitled to actual damages – physical and/ or emotional – that a creditor’s or debt collector’s alleged violations of the WVCCPA may have caused the consumer. Before being awarded actual damages, the consumer must provide and prove the allegations seeking actual damages with compe- tent and corroborated evidence, such as medical bills. Next, the consumer may be entitled to statutory penalties for violations of the WVCCPA. Courts have interpret- ed the WVCCPA to permit a separate statutory penalty to be imposed for each act violating the WVCCPA. The net effect is that in some circumstanc- es each communication to a debtor may represent a separate violation of the WVCCPA and give rise to a separate penalty. The penalty under the WVCCPA to be imposed ranges from $100 to $1,000. However, the statutory penalty may be adjusted for inf lation. The maximum amount of statutory penalty available as adjusted for inf lation is currently $4,483.97. Last quarter, we focused on the available defenses to West Virginia Consumer Credit and Protection Act, W. Va. Code § 46A- 1-101 et seq. (“WVCCPA”) claims. This article, we will focus on the potential damages that a consumer can recover - actual damages, statutory penalties, and attorney’s fees. Damages Recoverable Under the WVCCPA By Angela L. Beblo and Patrick R. Barry, Spilman Thomas & Battle, PLLC