West Virginia Scam and Fraud Laws: Where to Report and Sue (2026)

West Virginia's consumer protection law, the West Virginia Consumer Credit and Protection Act (WVCCPA), lets a person who purchases or leases goods or services and loses money to a deceptive practice sue for actual damages or $200, whichever is greater. Two conditions shape every case. You must have bought or leased something, so a victim who simply sent money to an impostor may not fit the law's words. And before suing you generally must send the seller written notice by certified mail and wait 45 days, during which the seller can offer to make it right.

West Virginia also passed three scam laws in 2026, all now in force: daily limits, warnings and a refund right for new customers at cryptocurrency kiosks (effective March 14, 2026), permission for banks and other depository institutions to delay or refuse transactions when they believe an older or vulnerable adult is being exploited, and new crimes for gift card fraud (both effective June 12, 2026). Scam complaints go to the Attorney General's Consumer Protection Division, which contacts the business through voluntary mediation; its complaint page does not say it will recover money for you.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers West Virginia state law: the West Virginia Consumer Credit and Protection Act (W. Va. Code chapter 46A), West Virginia complaint offices, protections for older and vulnerable adults, the 2026 crypto kiosk, bank-hold and gift card laws, and West Virginia court deadlines. Federal refund and reporting rights are summarized briefly and covered on our national guides. Out of scope: criminal defense, and the law of other states (if the scammer or business is elsewhere, that state's law may also matter).

First steps if you were scammed in West Virginia

Contact the bank, card issuer, payment app, wire company or crypto exchange that moved your money right away, because that company is usually the one that can stop or reverse a payment. Your federal rights depend on how you paid; our guide on how to get money back after a scam walks through each payment method, and the Zelle and payment app guide covers app transfers.

Then report the scam. Most scams go to the FTC at ReportFraud.ftc.gov and online crime to the FBI's IC3; our where to report a scam guide lists every federal channel. The West Virginia offices below are in addition to those, not instead of them. If the scammer got your personal information, see West Virginia identity theft laws and what to do when a scammer has your information.

Where to report a scam in West Virginia

The Attorney General's office describes its complaint as "the first step for consumers who believe they have been victims of unlawful practices in the purchase of goods and services." By email, put "Consumer Complaint" in the subject line (attachments up to 25MB). The office's general phone is 304-558-8986, and its hours are "Monday through Friday, 8:30 a.m. to 5:00 p.m."

Be realistic about what that complaint does. The page describes "Voluntary Mediation - We contact the business for their response to your complaint," and adds that if "your complaint reveals a pattern of violations affecting multiple consumers, it may lead to formal enforcement action against the business." It does not say the office represents you or will get your money back. Mediation works best against a real business that wants to keep its reputation; it rarely reaches an anonymous scammer.

The Attorney General's office reported that its Consumer Protection Division received 176 scam complaints in July 2026, and that the top five reported scams were Medicare, robocalls, email phishing, sweepstakes or lottery, and Social Security scams. That is one month of complaints to one office, not a count of losses. For how phishing works and what to do if you clicked, see our phishing, smishing and vishing guide; for fake prize and Social Security calls, see sweepstakes and lottery scams and government impersonation scams.

West Virginia's consumer protection law: can you sue?

Sometimes, if you bought or leased something. Section 46A-6-104 declares unlawful "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce." The definitions in section 46A-6-102(7) include "any deception, fraud, false pretense, false promise or misrepresentation" in connection with the sale or advertisement of goods or services, and prize offers that require the winner to pay a "service charge, mailing charge, handling charge."

The private right to sue is in section 46A-6-106(a):

"any person who purchases or leases goods or services and thereby suffers an 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 ... to recover actual damages or $200, whichever is greater."

Who can sue

The operative words are "any person who purchases or leases goods or services." That fits a victim who paid a fake contractor, bought from a fraudulent online store, or paid for a bogus tech support service. It is less clear for someone who sent money to a stranger with nothing bought or leased, as in many impostor, romance and payment app scams. We did not find a West Virginia court decision settling how far the words reach, so treat a no-purchase scam as an open question for a lawyer, not as a claim you can count on.

The act also excludes some situations. Under section 46A-6-105(b), "This article does not apply to time, savings, or demand deposit accounts provided by a bank as defined in §31A-1-2 of this code." In practice, the WVCCPA's deception provisions are a tool against a scam seller, not against your own bank over how it handled your checking or savings account. Your rights against a bank come mainly from federal law and your account agreement; see what to do when a bank refuses a scam refund.

What you can recover

• Actual damages or $200, whichever is greater. Section 46A-6-106(a) sets that floor. The section does not provide for multiplied damages. The court may also "provide such equitable relief it considers necessary or proper," and either side can demand a jury trial.
• Proof of an out-of-pocket loss. Under section 46A-6-106(b), damages may not be awarded "without proof that the person seeking damages suffered an actual out-of-pocket loss that was proximately caused by a violation of this article." If the claim is that you were lied to, you must prove the deception caused you to enter the transaction. If the claim is that something was hidden from you, you must prove the concealment caused your loss.
• Attorney's fees, at the court's discretion. Section 46A-5-104(a) says "the court may award reasonable attorney's fees and expenses to the consumer," weighing a list of factors. A defendant can recover its fees only if the court finds the claim was brought in bad faith and for the purposes of harassment.

The Attorney General can separately seek a civil penalty for willful violations of the chapter, and a court that finds a course of repeated and willful violations may assess up to $5,000 per violation (section 46A-7-111(2)). That is an enforcement tool for the state, not money a victim sues for.

The 45-day notice and the seller's chance to cure

Before filing, section 46A-5-108(a) applies to WVCCPA article 6 claims:

"An action may not be brought pursuant to this article and §46A-2-1 et seq., §46A-3-1 et seq., §46A-4-1 et seq., and §46A-6-1 et seq. of this code until 45 days after the consumer has informed the creditor, debt collector, seller, or lessor in writing and by certified mail, return receipt requested, to the ... registered agent ... of the alleged violation and the factual basis for the violation."

Here is how the rest of the section works:

1. The seller has 45 days to make a cure offer.
2. You have 20 days to accept it, or it is deemed refused and withdrawn.
3. If a cure offer is made, accepted and performed, it is a complete defense to the suit, and the seller gets its reasonable fees and costs.
4. A seller that timely delivered a cure offer is not liable for the attorney's fees and court costs you incur after it was delivered unless the relief the court awards you, not counting fees and costs, exceeds the value of the offer.
5. The deadline to sue is paused during the 45 days or the cure period, whichever is longer (section 46A-5-108(c)).

If the seller has no registered agent with the West Virginia Secretary of State, the notice goes to its principal place of business. The statute does not say what happens when the seller is anonymous and has no known address, which is one more reason the WVCCPA is mainly useful against a business you can identify.

The deadline

Section 46A-5-101(1) bars actions under that subsection more than four years after violations arising from consumer credit sales, consumer leases, consumer loans or "sales as defined in article six," but that subsection is written for listed violations by creditors and debt collectors. It does not say whether it governs a section 46A-6-106 claim, and we could not confirm from the statute text alone which time limit does, so do not wait. Ask a West Virginia lawyer about your deadline as soon as you can, and remember that the 45-day notice period comes first.

Protections for older adults in West Virginia

It is a crime, whoever does it. Section 61-2-29b applies to "any person who financially exploits an elderly person, protected person, or an incapacitated adult." An elderly person is someone 65 or older, and financial exploitation means "the intentional misappropriation or misuse of funds or assets." The statute does not require a position of trust, so it can reach a stranger. Under $1,000 it is a misdemeanor punishable by a fine of up to $1,000, up to a year in jail, or both. At $1,000 or more it is a felony: a fine of up to $10,000 and two to 20 years in a state correctional facility. A person convicted is also subject to an order of restitution, and amounts taken in a "common scheme or plan" can be added together. Being a guardian or holding a power of attorney "shall not, standing alone, constitute a defense."

A civil lawsuit with enhanced damages. West Virginia Code sections 55-7J-1 to -6 let a person 65 or older, a protected person or an incapacitated adult sue anyone who financially exploited them, including through "diminishment of assets due to undue influence." Under section 55-7J-3, the court may order return of the property and actual damages, plus:

"(1) For violations committed by a person who is not in a position of trust and confidence, payment of two times the amount of damages incurred or value of property or assets lost; and (2) For violations committed by a person in a position of trust and confidence, payment of treble damages."

These remedies are discretionary ("may"). The court may award reasonable attorney's fees and costs to a person who brings the action and prevails, and the standard of proof is a preponderance of the evidence (section 55-7J-4). The suit must be filed "within two years from the date of the violation or from the date of discovery, whichever is later in time." A court can also freeze assets, order money held in escrow or appoint a receiver (section 55-7J-5), and a petition for a protective order, including temporary relief without notice to the other side, can be filed in magistrate or circuit court (section 55-7J-1). As with any suit, it helps only if the person can be found.

Banks may now pause or refuse a transaction. Senate Bill 617, effective June 12, 2026, added West Virginia Code sections 31A-2C-1 to -7. Under section 31A-2C-5(a), a depository institution "may, but [is] not required to" delay or refuse a transaction with an eligible adult, delay a withdrawal, or prevent a transfer to an account owned by someone else, when it believes, based on its own observation or information from a government or law enforcement agency, that financial exploitation may be happening or being attempted. An eligible adult includes anyone 65 or older and adults covered by the state's adult protective services law.

• The decision is in the institution's "sole discretion" (section 31A-2C-5(b)); the law states it does not create a duty to override a customer's valid instructions.
• The hold ends at the earliest of: 15 business days after the institution first acted (extendable by 30 days if the designated state agency is investigating and asks), the institution being satisfied, or a court order.
• An institution that believes exploitation has occurred or is being attempted "shall promptly notify" a designated state agency, the Department of Human Services' Bureau for Social Services or the Attorney General (section 31A-2C-4).

If you are worried that a parent is about to send money to a scammer, tell the bank directly what you suspect. The new law gives it room to act, but it acts on what it knows.

Reporting to adult protective services. The Department of Human Services says: "Anyone may report suspected abuse, neglect, financial exploitation, or any emergency situation involving a vulnerable adult or facility resident." Some professionals must report under section 9-6-9(a), including medical, dental and mental health professionals, social service workers, law-enforcement officers and nursing-home and residential-facility employees. Use the Centralized Intake page to make a report. For fraud against anyone 60 or older, the federal DOJ National Elder Fraud Hotline (833-372-8311) can also help; see our elder fraud guide.

West Virginia scam laws on the books

Crypto ATMs (virtual currency kiosks), in force since March 14, 2026

House Bill 5353, approved by the Governor on April 1, 2026 and effective from passage on March 14, 2026, made owning or operating a virtual currency kiosk a form of money transmission that requires a license from the Commissioner of Financial Institutions. Operators already running kiosks had 90 days to apply through NMLS. The new section 32A-2-8c, as enacted, requires:

• Daily limits. $1,000 a day for a new customer (registered 10 days or less) and $10,000 a day for an existing customer (registered more than 10 days).
• A refund right for new customers. The operator "shall allow a new customer, upon the request of the customer, to cancel and receive a full refund for any fraudulent virtual currency transactions that occurred not later than 10 days after the new customer registered," if, within 30 days after the last transaction in that 10-day window, the customer contacts the operator and a government or law enforcement agency and files a report with a government or law enforcement agency. The section gives no such refund right to existing customers.
• A written warning the customer must acknowledge. It must include "WARNING: LOSSES DUE TO FRAUDULENT OR ACCIDENTAL TRANSACTIONS MAY NOT BE RECOVERABLE AND TRANSACTIONS IN VIRTUAL CURRENCY MAY BE IRREVERSIBLE," and must describe common scams, such as impersonators, threats of jail, and anyone insisting that a customer withdraw money from the bank and buy virtual currency. The account-opening and per-transaction terms disclosures must be in at least 24-point sans-serif type.
• A paper receipt that includes the name and phone number of the Division of Financial Institutions, plus live customer phone support with a toll-free number on the kiosk.
• Extra scrutiny, including a temporary transaction hold of up to 72 hours where the operator identifies elevated risk.

If someone told you to feed cash into a crypto machine, move fast: the 30-day refund clock runs from your last transaction in your first 10 days as a customer. Complaints about kiosk operators can go to the Division of Financial Institutions. For more on crypto and investment fraud, see crypto and investment scams.

Gift card fraud, a crime since June 12, 2026

House Bill 4990 created a new article 61-4A on gift cards, effective June 12, 2026. Section 61-4A-4 makes it a crime to devise "a scheme to obtain a gift card or gift card redemption information from a card holder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises." Under $1,000 it is a misdemeanor (up to one year in jail, a fine of up to $1,000, or both); over $1,000 it is a felony (one to 10 years, a fine of up to $2,500, or both), and values from a common scheme can be added together. These are criminal penalties; the article does not create a right for a victim to sue. See our gift card scams guide.

Telemarketers and recovery scams

Under section 46A-6F-301, "No person shall act as a telemarketer without first having registered with the secretary of the Department of Tax and Revenue." Giving misleading or inaccurate caller identification information is a deceptive telemarketing practice (section 46A-6F-501(9)). A consumer harmed by deceptive telemarketing can sue for actual damages plus a penalty set by the court of not less than $100 nor more than $3,000, within two years, and the sale is void (section 46A-6F-502). The telemarketing article has many exemptions, so whether it covers a particular caller depends on the facts.

The same article targets a common second scam. Under section 46A-6F-503, it is a felony (one to 10 years) to take money up front after promising to recover money a consumer paid to a telemarketer, with no intent or reasonable expectation of recovering it. Anyone who calls offering to get your scam losses back for a fee deserves deep suspicion.

Prize and sweepstakes offers

Article 6D regulates prize and gift promotions. Under section 46A-6D-8, "Any consumer who suffers loss by reason of a violation of any provision of this article may bring a civil action," and a consumer who wins "shall recover reasonable attorney's fees and court costs."

Notarios and immigration help

Under section 39-4-23, a notary commission does not authorize anyone to "act as an immigration consultant or an expert on immigration matters" or to be paid for doing so, and a notary who is not a lawyer may not use the term notario or notario publico. See our guide to notario fraud.

Door-to-door sales and storm repair

Under section 46A-2-132, a buyer may cancel a home solicitation sale "until midnight of the third business day after the day on which he has signed an agreement or offer to purchase," by written notice. Note the limit: West Virginia defines a home solicitation sale as a consumer credit sale over $25 (section 46A-1-102(22)), with exclusions such as motor vehicles, so this state right is narrower than it sounds. For residential roofing contracts the owner expects to pay from property insurance proceeds, the Storm Scammer Consumer Protection Act lets the owner cancel until "midnight of the fifth business day after the owner has received notice from the insurer that all or part of the claim is not a covered loss" (section 46A-6M-2), and section 46A-6M-6 provides a private damages action.

Suing a scammer or a business in West Virginia

Magistrate court. West Virginia has no separate small claims court. Magistrate courts hear civil cases where the amount in controversy, not counting interest and costs, "is not more than $20,000" (section 50-2-1), though they cannot hear actions in equity. A WVCCPA claim under section 46A-6-106 is brought in circuit court.

Deadlines. Section 55-2-12 sets a two-year period for actions for damage to property. In Evans v. United Bank, Inc. (W. Va. 2015), the Supreme Court of Appeals said a two-year statute of limitations under that section applies to a fraud in the inducement claim (a point the parties did not dispute in that case), and restated an analysis that includes the discovery rule and tolling for fraudulent concealment: "Whenever a plaintiff is able to show that the defendant fraudulently concealed facts which prevented the plaintiff from discovering or pursuing the potential cause of action, the statute of limitation is tolled." Section 55-2-21(d) confirms courts may still use equitable tolling and the discovery rule. Because the exact start date depends on the facts, ask a West Virginia lawyer early. Our West Virginia statute of limitations guide covers other civil deadlines.

Who you can actually reach. Lawsuits work against people and businesses with a name, an address and assets. A scammer who hid behind a fake identity, a spoofed number or an overseas account is usually not reachable through a West Virginia court, and a judgment nobody pays does not help. In those cases the payment company, a fast report to law enforcement, and protecting your identity are where your effort pays off. Our guide on when a lawyer helps after a scam explains when legal help is worth it. If a collector is pursuing you over a debt tied to a scam, see West Virginia debt collection laws.

Related guides

• Scams and fraud: your rights and where to start
• How to get money back after a scam
• Where to report a scam
• Zelle and payment app scams
• Tech support and fake invoice scams
• Elder fraud
• West Virginia identity theft laws
• West Virginia debt collection laws
• West Virginia statute of limitations

Last updated: October 2, 2026.

This article is general legal information, not legal advice. For your specific situation, contact your payment company, the West Virginia office named above, or a lawyer licensed in West Virginia.

Frequently Asked Questions

Can I sue a scammer in West Virginia?

Possibly, if you can identify and serve them. Under W. Va. Code section 46A-6-106, a person who purchases or leases goods or services and loses money to a deceptive practice can sue for actual damages or $200, whichever is greater, after giving 45 days' written notice by certified mail under section 46A-5-108. A victim who bought or leased nothing may not be covered, and an anonymous or overseas scammer is usually not reachable.

How much can I recover under the West Virginia Consumer Credit and Protection Act?

Section 46A-6-106(a) allows actual damages or $200, whichever is greater, for a person who purchased or leased goods or services, plus equitable relief. You must prove an actual out-of-pocket loss caused by the violation, and the court may, but need not, award attorney's fees (section 46A-5-104).

Do I have to send a notice before suing under the WVCCPA?

Generally yes. Section 46A-5-108 says no action may be brought until 45 days after you inform the seller in writing by certified mail, return receipt requested, of the violation and its factual basis. The seller can make a cure offer, and an accepted and performed cure offer is a complete defense.

Can I use the WVCCPA against my bank after a scam?

Not under its deception article over your deposit account. Section 46A-6-105(b) says article 6 does not apply to time, savings or demand deposit accounts provided by a bank. Your rights against a bank come mainly from federal law and your account agreement.

Will the West Virginia Attorney General get my money back?

Do not count on it. The Consumer Protection Division contacts the business through voluntary mediation and may take enforcement action if complaints show a pattern; its complaint page does not say it represents you or recovers your money. Contact your payment company right away as well.

Who do I call if an elderly person in West Virginia is being scammed?

Report financial exploitation to the Department of Human Services through its Centralized Intake page; anyone may report. The DOJ Elder Fraud Hotline (833-372-8311) also helps with fraud against anyone 60 or older, and the bank or credit union should be told right away.

Can a West Virginia bank hold a transaction if it suspects elder fraud?

Yes, since June 12, 2026. Under section 31A-2C-5, a bank or other depository institution may, but is not required to, delay or refuse transactions when it believes an eligible adult, including anyone 65 or older, is being exploited. The hold generally ends after 15 business days unless an investigating state agency asks for up to 30 more days.

Does West Virginia regulate crypto ATMs?

Yes, since March 14, 2026. Kiosk operators must be licensed, new customers are limited to $1,000 a day and existing customers to $10,000, and a new customer can get a full refund of fraudulent transactions from the first 10 days after registering if they contact the operator and file a report with a government or law enforcement agency within 30 days.

Is gift card fraud a crime in West Virginia?

Yes. Since June 12, 2026, section 61-4A-4 makes it a crime to obtain a gift card or its redemption information by false or fraudulent pretenses. It is a misdemeanor under $1,000 and a felony over $1,000.

What is the small claims limit in West Virginia?

West Virginia has no separate small claims court; magistrate courts hear civil cases up to $20,000, not counting interest and costs (section 50-2-1).

How long do I have to sue for fraud in West Virginia?

West Virginia's highest court has applied the two-year period in section 55-2-12 to fraud in the inducement claims, and the discovery rule and fraudulent concealment can delay when the clock starts. Ask a West Virginia lawyer early, because the start date depends on the facts.