White v. Wyeth, 227 W. Va. 131

Summary

The Supreme Court of Appeals of West Virginia addressed a certified question concerning whether the West Virginia Consumer Credit and Protection Act requires reliance on an alleged deceptive act to establish causation in a private action. The court held that a private plaintiff must prove unlawful conduct, ascertainable loss, and a causal connection; reliance is required when the claim involves affirmative misrepresentations, while other deceptive practices may be established through proximate-cause evidence. The court further discussed the application of these principles to claims involving prescription hormone-replacement drugs.

Holdings

1. A private cause of action under West Virginia Code section 46A-6-106(a) requires proof of unlawful conduct by a seller, an ascertainable loss by the consumer, and a causal connection between the unlawful conduct and the loss.
2. When the alleged deceptive practice involves an affirmative misrepresentation, reliance on the misrepresentation must be proven to establish the required causal connection. Reliance is not invariably required where the claim concerns concealment, suppression, or omission; in those circumstances, causation may be shown by proving that, but for the deceptive conduct, a reasonable consumer would not have purchased the product and suffered the loss.
3. The private cause of action under West Virginia Code section 46A-6-106(a) does not extend to prescription-drug purchases under the circumstances presented.

Questions Presented

1. Whether the phrase "as a result of" in West Virginia Code section 46A-6-106(a) requires proof of reliance on alleged affirmative misrepresentations to establish causation in a private WVCCPA action.
2. Whether a private WVCCPA cause of action extends to purchases of prescription drugs.

Disposition

remanded