In West Virginia, the mini-FTC act is the West Virginia Consumer Credit and Protection Act.  Under this legislation, plaintiffs have a cause of action when anyone in the conduct of trade or commerce commits unfair or deceptive acts or practices or engages in unfair competition. To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct.  There is no statute of limitations for actions under the statute, however courts have interpreted this in different ways. See Dunlap v. Friedman’s, Inc., 213 W. Va. 394 (2003).

            A successful plaintiff is entitled to actual damages (or $200, whichever is greater) or proper equitable relief as potential remedies for a violation.  Damages under the statute are not capped, and attorneys’ fees are recoverable for “illegal, fraudulent, or unconscionable conduct”. W. Va. Code §46A-6-105 (2009).  Class actions are liberally permitted under the statute.