Attorney General and CFPB Complaint Pack - West Virginia

ATTORNEY GENERAL AND CFPB COMPLAINT PACK — WEST VIRGINIA

1. CONSUMER COVER SHEET

2. PART A — WEST VIRGINIA ATTORNEY GENERAL COMPLAINT

2.1. Recipient

Office of the West Virginia Attorney General

Consumer Protection and Antitrust Division

1900 Kanawha Boulevard East

State Capitol Complex, Building 1, Room E-26

Charleston, WV 25305

Mailing Address: PO Box 1789, Charleston, WV 25326-1789

Hotline: 1-800-368-8808

Email: [email protected]

Online Form: https://ago.wv.gov/consumer-protection/file-complaint-consumer-protection-division

2.2. Re Line

Re: Consumer Complaint Against [COMPANY NAME] for Violations of the West Virginia Consumer Credit and Protection Act, W. Va. Code § 46A-1-101 et seq.

2.3. Statement of Complaint

Dear Consumer Protection Division:

I respectfully submit this consumer complaint against the above-named company for conduct that I believe violates the West Virginia Consumer Credit and Protection Act ("WVCCPA"), W. Va. Code § 46A-1-101 et seq., and other consumer-protection law. I request that your office investigate, mediate, and, if appropriate, take administrative or enforcement action under W. Va. Code § 46A-7-101 et seq.

2.4. Factual Narrative

1. The Transaction / Relationship. On or about [__/__/____], I [opened account / applied for credit / purchased goods / signed contract / received first collection contact] with the company. [Describe the underlying transaction.]

2. The Conduct at Issue. Between [__/__/____] and [__/__/____], the company engaged in the following conduct:

• [Describe in chronological order each act — e.g., harassment calls, false threats of arrest, unauthorized account charges, refusal to honor warranty, deceptive advertising, predatory loan terms, refusal to validate debt, unlawful repossession, unfair credit reporting].

3. Specific Communications. I attach copies of letters, account statements, recordings, screenshots, and call logs as exhibits.

4. Consumer Harm. As a result, I have suffered [financial loss of $______ / damaged credit / emotional distress / lost time / fees / repossession / collection lawsuit].

5. Resolution Attempted. I attempted to resolve this directly with the company on [__/__/____] by [phone / email / letter]. The company [did not respond / refused / offered an inadequate resolution].

2.5. Statutes Implicated

I believe the conduct violates one or more of the following:

• W. Va. Code § 46A-2-124 — threats or coercion;
• W. Va. Code § 46A-2-125 — oppression and abuse;
• W. Va. Code § 46A-2-126 — unreasonable publication;
• W. Va. Code § 46A-2-127 — fraudulent, deceptive, or misleading representations;
• W. Va. Code § 46A-2-128 — unfair or unconscionable means;
• W. Va. Code § 46A-6-104 — unfair methods of competition and unfair or deceptive acts or practices;
• W. Va. Code § 46A-2A-102 — failure to provide breach-of-security notification;
• Federal FDCPA, 15 U.S.C. §§ 1692-1692p (incorporated through WVCCPA enforcement context);
• Federal FCRA, 15 U.S.C. §§ 1681-1681x (where credit reporting is implicated).

2.6. Relief Requested

I respectfully ask the WV Attorney General to:

☐ Investigate the conduct described above pursuant to W. Va. Code § 46A-7-104 (investigative powers);

☐ Mediate between me and the company to obtain refund, account correction, deletion of adverse credit reporting, and/or rescission of the disputed transaction;

☐ Issue a cease-and-desist order under W. Va. Code § 46A-7-108 if the conduct is ongoing;

☐ Pursue injunctive relief and consumer restitution under W. Va. Code § 46A-7-111;

☐ Assess civil penalties as authorized by law;

☐ Refer the matter to a private bar attorney if appropriate;

☐ Notify me of any disposition or referral.

2.7. Consent and Verification

I authorize the WV Attorney General Consumer Protection Division to share a copy of this complaint and supporting documents with the company complained of, with the CFPB, and with other regulators or law enforcement agencies as appropriate.

I certify that the foregoing statements are true and correct to the best of my knowledge.

[________________________________]

[CONSUMER FULL NAME]

Date: [__/__/____]

2.8. Enclosures Checklist

☐ Copies of contracts, account statements, or invoices;

☐ Copies of all written communications with the company;

☐ Copies of collection letters and envelopes;

☐ Call log with dates, times, numbers, and content;

☐ Voicemail transcripts or recordings (provide as MP3/WAV if email);

☐ Credit report excerpts showing the disputed tradeline (redact full SSN and account numbers);

☐ Police report and FTC affidavit (if identity theft);

☐ Breach notification letter (if breach implicated);

☐ Any prior responses from the company.

3. PART B — CFPB COMPLAINT NARRATIVE

3.1. Recipient

Consumer Financial Protection Bureau

P.O. Box 27170

Washington, DC 20038

Online: https://www.consumerfinance.gov/complaint/

Phone: (855) 411-2372

3.2. Product / Issue Selection

3.3. What Happened (Narrative — 4,000 character limit)

I am submitting this complaint against [COMPANY NAME] regarding [brief subject line]. The conduct began on [__/__/____] and continues to the present.

What happened (chronological):

1. [__/__/____] — [Event 1]

2. [__/__/____] — [Event 2]

3. [__/__/____] — [Event 3]

Specific federal laws I believe were violated:

• [FDCPA § 1692c — communication restrictions / § 1692e — false representations / § 1692g — validation];
• [FCRA § 1681s-2(b) — furnisher dispute duties];
• [RESPA § 6 — qualified written request response];
• [TILA / Regulation Z];
• [ECOA / Regulation B];
• [Other — specify].

What I have tried to resolve this: [describe direct contact attempts, dispute letters, parallel WV AG complaint].

Desired resolution: [refund of $___; deletion of credit reporting; account closure; loan modification; written apology; investigation; other].

3.4. Account / Transaction Information

3.5. Consent to Publish

☐ I consent to have my complaint narrative (without my personal identifiers) published in the CFPB Consumer Complaint Database.

☐ I do NOT consent to publication.

3.6. Authorization

I authorize the CFPB to share this complaint with the company complained of, with the West Virginia Attorney General, and with other regulators as appropriate. The information I have provided is true to the best of my knowledge.

4. PART C — DISTRIBUTION CHECKLIST

Send copies of the complaint pack (varied as appropriate) to:

☐ WV AG Consumer Protection Division — by mail to PO Box 1789, Charleston, WV 25326-1789; by email to [email protected]; or via online form at https://ago.wv.gov/consumer-protection/file-complaint-consumer-protection-division;

☐ CFPB — via https://www.consumerfinance.gov/complaint/;

☐ Federal Trade Commission — if deceptive trade practice; https://reportfraud.ftc.gov;

☐ Federal banking regulator — for bank conduct (OCC: helpwithmybank.gov; FDIC; NCUA; Federal Reserve);

☐ WV Division of Financial Institutions — for state-chartered lenders, mortgage companies, money transmitters; https://dfi.wv.gov/;

☐ WV Insurance Commissioner — for insurance complaints; https://www.wvinsurance.gov/;

☐ WV Public Service Commission — for utility / telecommunications / motor carrier; http://www.psc.state.wv.us/;

☐ Better Business Bureau — for direct mediation;

☐ Three nationwide CRAs — if credit reporting issue (Equifax, Experian, TransUnion);

☐ Local police / sheriff — if criminal conduct (e.g., identity theft).

5. WEST VIRGINIA PRACTICE NOTES

• WV AG CPD authority. The Attorney General has broad statutory authority under W. Va. Code § 46A-7-101 et seq., including subpoena power, cease-and-desist orders, and the power to seek injunctive relief and consumer restitution. The AG also has exclusive enforcement authority for breach-notification violations under § 46A-2A-104 (penalties up to $150,000 per breach for repeated and willful conduct).
• What WV AG CPD typically handles well. Auto-dealer fraud, home-improvement fraud, debt-collection abuses, mortgage servicing problems, deceptive advertising, warranty refusals, and broadband-internet billing.
• Parallel filings. Filing simultaneously with the WV AG CPD, the CFPB, and (where appropriate) federal banking regulators and the FTC creates parallel pressure. The CFPB typically secures a 15-day initial response from regulated entities; the WV AG often initiates mediation within 30-60 days.
• No private cause-of-action substitute. Filing administrative complaints does not toll the statute of limitations on private claims and does not relieve the consumer of the W. Va. Code § 46A-5-108 45-day pre-suit notice requirement for private WVCCPA litigation. Send the pre-suit notice in parallel.
• Public-record consequences. WVCCPA enforcement actions are public; CFPB complaint narratives may be published in the Consumer Complaint Database. Consumers should not include sensitive personal data (full SSN, full account numbers) in the narrative.
• Effect on private claims. Documentation generated through the AG/CFPB process — including the company's written response — is often discoverable and useful in subsequent private litigation. Preserve all complaint receipts, agency correspondence, and company responses.
• WV broadband-specific complaint. WV maintains a separate broadband consumer-complaint portal under the AG's office; if the conduct involves internet-service billing or speed claims, use the broadband-specific form.
• Senior / vulnerable consumer flags. WV AG CPD has dedicated personnel for senior fraud and elder financial exploitation. If the consumer is 65 or older, note this prominently — it accelerates intake.
• Hotline access. The WV AG Consumer Protection Hotline (1-800-368-8808) is available for intake questions and to verify mailing addresses or complaint status.
• Coordination with private counsel. If the consumer has private counsel, counsel may file the AG / CFPB complaints under their letterhead to ensure consistent factual presentation across regulatory and litigation tracks.

6. SOURCES AND REFERENCES

• WV Attorney General — File a Consumer Complaint — https://ago.wv.gov/consumer-protection/file-complaint-consumer-protection-division
• WV AG Consumer Complaint Online Form — https://wv.accessgov.com/ago/Forms/Page/consumercomplaint/file/
• WV AG Consumer Protection and Antitrust Division — https://ago.wv.gov/consumer-protection-and-antitrust-division
• WV AG Identity Theft Prevention — https://ago.wv.gov/consumerprotection/Pages/Identity-Theft-Prevention.aspx
• W. Va. Code Chapter 46A (WVCCPA) — https://code.wvlegislature.gov/46A/
• W. Va. Code Article 46A-7 (Administration / AG enforcement) — https://code.wvlegislature.gov/46A-7/
• W. Va. Code § 46A-7-104 (investigative powers) — https://code.wvlegislature.gov/46A-7-104/
• W. Va. Code § 46A-7-108 (cease-and-desist) — https://code.wvlegislature.gov/46A-7-108/
• W. Va. Code § 46A-7-111 (injunctive relief and restitution) — https://code.wvlegislature.gov/46A-7-111/
• W. Va. Code § 46A-2A-104 (AG enforcement of breach notification) — https://code.wvlegislature.gov/46A-2A-104/
• CFPB Submit a Complaint — https://www.consumerfinance.gov/complaint/
• CFPB Consumer Complaint Database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• FTC ReportFraud — https://reportfraud.ftc.gov
• FTC IdentityTheft.gov — https://www.identitytheft.gov
• WV Division of Financial Institutions — https://dfi.wv.gov/
• WV Offices of the Insurance Commissioner — https://www.wvinsurance.gov/
• WV Public Service Commission — http://www.psc.state.wv.us/
• OCC HelpWithMyBank — https://www.helpwithmybank.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Consumers should consult an attorney licensed in West Virginia for personalized advice. Agency intake addresses, forms, and procedures change; verify current information at ago.wv.gov and consumerfinance.gov before filing.