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Business Law
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Revised WV Consumer Credit Law Allows Damages for Frivolous Claims, Expands Attorneys’ Fees

By | Published February 15, 2022 | Posted in Business Law | Tagged Tags: , | Comments Off on Revised WV Consumer Credit Law Allows Damages for Frivolous Claims, Expands Attorneys’ Fees

West Virginia has enacted important business-friendly revisions of the state’s principal consumer protection law. The amended law provides ways for defendant businesses to limit exposure to attorneys’ fee awards and to recover fees on their own. In addition, either party in a suit under the law can win damages if the other party is found Read More

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West Virginia’s New View of Independent Contractors

By | Published July 15, 2021 | Posted in Business Law | Tagged Tags: , | Comments Off on West Virginia’s New View of Independent Contractors

Employers often ask about what defines an employee versus an independent contractor. A new West Virginia statute offers greater clarity on the differences between each of these categories of workers. The West Virginia Employment Law Workers Classification Act, which went in to effect on June 9, is designed to help employers understand the criteria for Read More

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What Could Happen to Businesses if a COVID-19 Surge Causes Closures This Winter?

By | Published January 15, 2021 | Posted in Business Law | Tagged Tags: , , , , | Comments Off on What Could Happen to Businesses if a COVID-19 Surge Causes Closures This Winter?

As West Virginia heads into a winter of uncertainty, many business owners are wondering what might happen if COVID-19 cases increase so sharply that some version of the state’s original stay-at-home order needs to be re-implemented. The stay-at-home order took effect on March 24, soon after the state saw its first handful of coronavirus infections. Read More

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Federal Trade Commission Proposes Changes to Standards for Safeguarding Customer Information

By | Published April 15, 2020 | Posted in Auto Dealerships | Tagged Tags: , , | Comments Off on Federal Trade Commission Proposes Changes to Standards for Safeguarding Customer Information

It is important to protect customers’ private information. Automobile dealerships understand that, as does the Federal Trade Commission (FTC). As part of that understanding, car dealers have been required to comply with the Standards for Safeguarding Customer Information (“Safeguards Rule”) since 3003. The rule requires dealerships to safeguard non-public personal information (NPI) such as Social Read More

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Can a Non-Signatory to a Written Agreement Compel Arbitration Against an Unwilling Signatory?

By | Published April 30, 2018 | Posted in Business Law | Tagged Tags: , | Comments Off on Can a Non-Signatory to a Written Agreement Compel Arbitration Against an Unwilling Signatory?

West Virginia’s courts have determined that responding to an offer by acting on it – even when accompanied by silence – provides an acceptance of an agreement that goes along with the transaction. Sometimes a party accepting an offer decides to file a lawsuit despite the contract stipulating all disputes must be settled through arbitration. Read More

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Law Requires Dealers to Warn Buyers About Flood-damaged Cars

By | Published July 31, 2017 | Posted in Auto Dealerships | Tagged Tags: , , | Comments Off on Law Requires Dealers to Warn Buyers About Flood-damaged Cars

  Even though the waters have receded, the massive floods that afflicted West Virginia in 3016 present ongoing liability issues for auto dealers in the state. Under the West Virginia salvage title rule, when a vehicle has been submerged in water, this fact must be reflected on its legal title. This also applies to other Read More

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Federal Regulator Who Penalized Auto Dealerships Is Leaving Position

By | Published May 29, 2017 | Posted in Auto Dealerships | Tagged Tags: , , | Comments Off on Federal Regulator Who Penalized Auto Dealerships Is Leaving Position

  Along with doing business under a new presidential administration, car dealers might be experiencing a new regulatory environment for business matters such as financing and advertising. A top federal regulator who was responsible for numerous actions against automobile dealerships is stepping down. Jessica Rich, director of the Federal Trade Commission’s Bureau of Consumer Protection, Read More

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Defending Against West Virginia Lemon Law Claims

By | Published October 10, 2016 | Posted in Auto Dealerships | Tagged Tags: , | Comments Off on Defending Against West Virginia Lemon Law Claims

Buyer’s regret is common after a major purchase like a car. This can trigger unfounded claims under West Virginia’s “lemon law.” When someone asserts that warranties have been violated and that their car is not suitable for driving, it can be difficult to confront these subjective accusations. However, dealerships have legal recourse to defeat unworthy Read More

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Will a Declaratory Judgment Clear Up your Contractual Ambiguity?

By | Published January 28, 2014 | Posted in Business Law | Tagged Tags: , | Leave a comment

Written with every intention to avoid ambiguity, most contracts are carefully drafted using tried and tested wording so that their interpretation is clear and indisputable. However, circumstances change, and no practitioner is ever able to draft clauses covering every eventuality. In some cases, declaratory judgments in West Virginia ― a ruling declared by a judge Read More

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