(a) Except as provided by subsection (c) of this section, failure to comply with the notice provisions of this article constitutes an unfair or deceptive act of practice in violation of section one hundred four, article six, chapter forty-six-a of this code, which may be enforced by the Attorney General pursuant to the enforcement provisions of this chapter.

Terms Used In West Virginia Code 46A-2A-104

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Financial institution: has the meaning given that term in Section 6809(3), United States Code Title 15, as amended. See West Virginia Code 46A-2A-101
  • Notice: means :

    (A) Written notice to the postal address in the records of the individual or entity. See West Virginia Code 46A-2A-101

(b) Except as provided by subsection (c) of this section, the Attorney General shall have exclusive authority to bring action. No civil penalty may be assessed in an action unless the court finds that the defendant has engaged in a course of repeated and willful violations of this article. No civil penalty shall exceed $150,000 per breach of security of the system or series of breaches of a similar nature that are discovered in a single investigation.

(c) A violation of this article by a licensed financial institution shall be enforceable exclusively by the financial institution's primary functional regulator.