West Virginia has not adopted the Uniform Deceptive Trade Practices Act. West Virginia deceptive trade practices laws are stated in West Virginia Consumer Credit and Protection Act (“Act”). The Act is stated in West Virginia Code, Chapter 46A.
Section 46A-6-102 prohibits false advertising. Under Section 46A-6-106 a consumer who has suffered any ascertainable loss can bring an action. Remedies available under Section 46A-6-106 are injunction, actual damages or $200 (whichever is greater), other equitable relief upon court’s discretion.
West Virginia does not have specific laws relating to odometer tampering.
W. Va. Code § 46A-6-102 reads in part:
“(7) “Unfair methods of competition and unfair or deceptive acts or practices” means and includes, but is not limited to, any one or more of the following:
(A) Passing off goods or services as those of another;
(B) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;
(C) Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with or certification by another;
(D) Using deceptive representations or designations of geographic origin in connection with goods or services;
(E) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;
(F) Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;
(G) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model if they are of another;
(H) Disparaging the goods, services or business of another by false or misleading representation of fact;
(I) Advertising goods or services with intent not to sell them as advertised;
(J) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(K) Making false or misleading statements of fact concerning the reasons for, existence of or amounts of price reductions;
(L) Engaging in any other conduct which similarly creates a likelihood of confusion or of misunderstanding;”
W. Va. Code § 46A-6-106 reads in part:
“§ 46A-6-106. Actions by consumers.
(a) Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice prohibited or declared to be unlawful by the provisions of this article may bring an action in the circuit court of the county in which the seller or lessor resides or has his principal place of business or is doing business, or as provided for in sections one [§ 56-1-1] and two [§ 56-1-2, repealed], article one, chapter fifty-six of this code, to recover actual damages or two hundred dollars, whichever is greater. The court may, in its discretion, provide such equitable relief as it deems necessary or proper.”