Spilman Thomas & Battle, PLLC

Fourth Circuit Rules Debt Collection Provisions of West Virginia's Consumer Protection Statute Do Not Apply to Transactions Paid for at the Point of Sale
Spilman Thomas & Battle, PLLC, January 2021

The United States Court of Appeals for the Fourth Circuit recently decided that claims based on Article 2 of the West Virginia Consumer Credit and Protection Act ("WVCCPA"), including claims based on its FDCPA-like debt collection provisions, do not apply to transactions where the consumer pays at the point of sale. In Hinkle v. Safe-Guard Products Int'l, LLC, Hinkle purchased a new car at a local dealership...

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Publications & Presentations

• Frequent contributor to West Virginia Banker magazine, authoring articles about consumer finance litigation in West Virginia
• Podcaster, "Consumer Litigation Landscape After the 2015 Amendments to the WV Consumer Credit and Protection Act," Spilman Insights podcast, January 2020
• Guest Speaker, "Litigation Landscape in West Virginia: What Debt Collectors Should Know About the 2015 Amendments to the Consumer and Credit Protection Act," ACA Cast, ACA International, September 2019
• Co-author, "How will the West Virginia Court rule in the wake of Concepcion and Marmet?" West Virginia Trial Counsel Annual Meeting Notebook, April 2012
• Co-author, "The Decline of Dunlap: Enforcement of Arbitration Provisions in Consumer Contracts are Gaining Ground in West Virginia," March 2011
• Author, "Preparing Your Witnesses to Testify," June 2010
• Co-author, "Post-Cuomo: The Floodgates Have Not Opened and Watters Still Predominates," December 2009
• Co-author, "Attorney General Objections to Proposed Class Action Settlements Under the Class Action Fairness Act of 2005," January 2009
• Co-author, "Summary of the Consumer Finance Investigations and Actions of the Attorneys General for all States and the District of Columbia During the Years 2006 - 2008," January 2009
• "Student Lending: Enforcement Action and Ensuing Private Litigation," American Conference Institute's 18th National Forum on Consumer Finance Class Actions and Litigation, April 2014
• "Interchange Fees, the Durbin Amendment and Litigation Surrounding Interchange Fees (Update on the Law)," and "The Use of Remote Starter Interrupt Devices and GPS Devices in the Servicing, Collection and Repossession of Automobile Debts," American Conference Institute's 15th Annual National Conference on Consumer Finance Class Actions and Litigation, January 2013
• "Interchange Fees on Debit and Credit Cards, the Durbin Amendment to the Dodd-Frank Act, and Litigation Surrounding the Durbin Amendment," American Conference Institute's 14th Annual National Conference on Consumer Finance Class Actions and Litigation, July 2012
• "Preparing Clients, Lay Witnesses, and Expert Witnesses to Testify at Deposition and Trial," Institute for Paralegal Education, June 2010
• "Tips for Effective Settlement Negotiations and Mediation," Institute for Paralegal Education, June 2010