Orlando v. Finance One of W.Va., Inc
In Orlando v. Finance One of W.Va., Inc., 179 W.Va. 447, 369 S.E.2d 882 (1988), the Court gave the statute a cursory glance in approving a circuit court's dismissal of a consumer's attempt to recover damages from a lender for an unconscionable clause in a loan contract - even though the lender never tried to enforce the clause.
The Court quoted the text of W.Va. Code, 46A-6-106, and concluded that because the lender "made no attempt to enforce Clause # 14, the appellants have suffered no 'ascertainable loss of money or property' as a result of the inclusion of Clause # 14 in the loan contract. . . . Thus, while the inclusion of Clause # 14 was an unfair practice, we find that the appellants are not entitled to recover damages." 179 W.Va. at 453, 369 S.E.2d at 888.