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Read Full West Virginia Debt Collection Act

46A-2-122. Definitions

46A-2-123. Practice of law by debt collectors

46A-2-124. Threats or coercion

46A-2-125. Oppression and abuse

46A-2-126. Unreasonable publication

46A-2-127. Fraudulent, deceptive or misleading representations

46A-2-128. Unfair or unconscionable means

46A-2-129. Postal violations

46A-2-129a. Deceptive or oppressive telephone calls

46A-2-130. Limitation on garnishment

Mortgage Loan Modification

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§ 46A-2-123. Practice of law by debt collectors


Unless a licensed attorney in this State, no debt collector shall engage in conduct deemed the practice of law. With-out limiting the general application of the foregoing, the following conduct is deemed the practice of law:

(a) The performance of legal services, furnishing of legal advice or false representation, direct or by implication, that any person is an attorney;

(b) Any communication with consumers in the name of an attorney or upon stationery or other written matter bear-ing an attorney's name; and

(c) Any demand for or payment of money constituting a share of compensation for services performed or to be performed by an attorney in collecting a claim.

Acts 1974, c. 12.


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