31A-2B-1 Short title
31A-2B-10 Scope and Severability
31A-2B-2 Findings and intent
31A-2B-3 Definitions
31A-2B-4 Protected financial information
31A-2B-5 Written authorization for disclosure
31A-2B-6 Additional requirements for subpoenas
31A-2B-7 Use of protected financial information for discriminatory purpose
31A-2B-8 Civil remedies
31A-2B-9 Enforcement; contractual authority of the State

Terms Used In West Virginia Code > Chapter 31A > Article 2B - The Second Amendment Financial Privacy Act

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Ammunition: means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm. See West Virginia Code 31A-2B-3
  • assignment: refers to a financial institution policy, process, or practice that labels, links, or otherwise associates a firearms code with a merchant or payment card transaction in a manner that allows the financial institution or any other entity facilitating or processing the payment card transaction to identify whether a merchant is a firearms retailer or whether a transaction involves the sale of firearms, firearm accessories or components, or ammunition. See West Virginia Code 31A-2B-3
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Disclosure: means the transfer, publication, or distribution of protected financial information to another person for any purpose other than to process or facilitate a payment card transaction. See West Virginia Code 31A-2B-3
  • division: means the Division of Banking of West Virginia. See West Virginia Code 31A-1-2
  • Firearm accessories or components: means :

    (A) Any device specifically adapted to enable the wearing or carrying about one's person or the storage or mounting in or on any conveyance of a firearm and any attachment or device specifically adapted to be inserted into or affixed onto any firearm to enable, alter, or improve the functioning or capabilities of the firearm. See West Virginia Code 31A-2B-3

  • Firearms code: means any code or other indicator a financial institution assigns to a merchant or to a payment card transaction that identifies whether a merchant is a firearms retailer or whether the payment card transaction involves the purchase of a firearm, firearm accessories or components, or ammunition. See West Virginia Code 31A-2B-3
  • Firearms retailer: means any person engaged in the lawful business of selling or trading firearms or antique firearms, as those terms are defined in §. See West Virginia Code 31A-2B-3
  • Government entity: means any state or local government agency or instrumentality thereof, located in West Virginia. See West Virginia Code 31A-2B-3
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Merchant: means a person or entity that accepts payment cards from customers for the purchase of goods or services. See West Virginia Code 31A-2B-3
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Payment card: means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to purchase goods or services from a merchant. See West Virginia Code 31A-2B-3
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Protected financial information: means any record of a sale, purchase, return, or refund involving a payment card that is retrieved, characterized, generated, labeled, sorted, or grouped based on the assignment of a firearms code. See West Virginia Code 31A-2B-3
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.