{"data":{"id":"us-wv/w.-va.-code-46a-6l-104","jurisdiction":"us-wv","citation":"W. Va. Code § 46A-6L-104","heading":"Violations; penalties.","body":"(a) If a consumer-reporting agency negligently violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:\n(1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.\n(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.\n(3) File a civil action against the consumer-reporting agency seeking:\n(A) Injunctive relief to prevent or restrain further violation of the security freeze;\n(B) Actual damages sustained or not more than $1,000, whichever is greater; and\n(C) Reasonable expenses, court costs, investigative costs and attorney's fees.\n(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.\n(b) If a consumer-reporting agency willfully violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:\n(1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.\n(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.\n(3) File a civil action against the consumer-reporting agency seeking:\n(A) Injunctive relief to prevent or restrain further violation of the security freeze;\n(B) Actual damages sustained or not more than $5,000, whichever is greater; and\n(C) Reasonable expenses, court costs, investigative costs and attorney's fees.\n(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.","path":["CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.","ARTICLE 6L. THEFT OF CONSUMER IDENTITY PROTECTIONS."],"source_url":"https://code.wvlegislature.gov/46A-6L-104/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:30:02Z","sha256":"6b07bebae1b0d9d3e0fd21e602419a92cc05e5a6f9805442b0ef003849004f19","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-46a-6l-103","next":"us-wv/w.-va.-code-46a-6l-105"},"notice":"GroundRules: Original legal text. Not legal advice."}