Holt v. W. Va. Am. Water Co. (Per Curiam Opinion)
Annotate this CasePetitioner filed a complaint against West Virginia-American Water Company (Respondent) seeking damages and penalties for alleged violations of the West Virginia Consumer Credit and Protection Act (WVCCPA) regarding Respondent’s business policies and practices regarding leaks in Petitioner’s water line. The circuit court granted Respondent’s motion to dismiss, finding that Petitioner's claims arose from transactions encompassed by W. Va. Code 46A-1-105(a)(3) and thus were statutorily excluded from the WVCCPA. The Supreme Court affirmed, holding that section 46A-1-105(a)(3) applied to exclude Petitioner's WVCCPA claims, and therefore, the circuit court did not err in dismissing Petitioner's complaint.
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