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DisputeKit / States / West Virginia

Your consumer rights in West Virginia

What West Virginia and federal law say about getting a security deposit back, refunds and cancelling subscriptions, with the law cited and a sample letter for each.

Security deposits

60 days. Under West Virginia Code § 37-6A-2, a landlord must deliver the security deposit, minus any deductions, together with a written itemization of the damages or other charges deducted within 60 days. The clock starts when you move out and hand back possession of the unit. A court may also award the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld, if the landlord's noncompliance was willful or not in good faith (any rent the tenant owes is credited against the award).

Refunds

If a company won't refund you, send a written demand with a clear deadline. If you paid by credit card, you may also be able to dispute the charge: Under the Fair Credit Billing Act, a billing-error dispute must reach the card issuer in writing within 60 days after the first statement showing the charge.

Subscriptions

West Virginia has no automatic-renewal statute. For subscriptions sold online, the federal Restore Online Shoppers' Confidence Act requires a simple way to stop recurring charges, and West Virginia's general consumer protection law applies.

Small claims and complaints in West Virginia

Filing fee
$30 to $50 depending on the amount claimed, plus an additional $20 civil filing fee and service costs; ask the magistrate clerk for the current total

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