Bill Text: WV SCR54 | 2022 | Regular Session | Introduced


Bill Title: Requesting study of tolling statute of limitations on civil actions for Consumer Credit and Protection Act

Spectrum: Slight Partisan Bill (Republican 12-4)

Status: (Engrossed - Dead) 2022-03-02 - To House Judiciary [SCR54 Detail]

Download: West_Virginia-2022-SCR54-Introduced.html

SENATE CONCURRENT RESOLUTION 54

(By Senators Azinger, Beach, Caputo, Grady, Karnes, Maynard, Phillips, Romano, Rucker, Smith, Stover,                                            Takubo, Weld, Woelfel, Woodrum, and Trump)

[Originating in the Committee on the Judiciary; Reported on February 28, 2022]

 

Requesting the Joint Committee on Government and Finance study the issue of tolling the statute of limitations for civil actions brought by the Attorney General pursuant to the West Virginia Consumer Credit and Protection Act;

Whereas, W. Va. Code §46A-7-111(b) authorizes the Attorney General to bring a civil action against a creditor or other person to recover a civil penalty for willfully violating the West Virginia Consumer Credit Protection Act, §46A-1-1 et seq., and if the court finds that the defendant has engaged in a course of repeated and willful violations of this chapter, it may assess a civil penalty of no more than $5,000 for each violation of this chapter; and

Whereas, W. Va. Code §46A-7-111(b) further prohibits the imposition of a civil penalty pursuant to this subsection for violations the West Virginia Consumer Credit Protection Act occurring more than four years before the action is brought; and

Whereas, the West Virginia Consumer Credit Protection Act is silent as to whether the four-year period specified in W. Va. Code §46A-7-111(b) is subject to tolling under any legal, equitable, or other doctrine: therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on the Judiciary is hereby requested to study whether the four-year period specified in W. Va. Code §46A-7-111(b) should be subject to tolling under any legal, equitable, or other doctrine; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2022, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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