Holt v. West Virginia-American Water Co., 233 W. Va. 688

Summary

The Supreme Court of Appeals of West Virginia affirmed dismissal of Roger F. Holt’s West Virginia Consumer Credit and Protection Act claims against West Virginia-American Water Company. The court held that the claims arose from transactions under a public utility tariff and were therefore excluded from the Act by West Virginia Code § 46A-1-105(a)(3).

Holdings

1. Section 46A-1-105(a)(3) is unambiguous and excludes more than challenges to publicly approved rates and charges; the phrase 'transactions under public utility or common carrier tariffs' encompasses the rules, regulations, and practices governing rate- and charge-based utility services.
2. Holt's WVCCPA claims all arose from transactions described in West Virginia-American Water Company's public utility tariff and were therefore excluded from the WVCCPA by section 46A-1-105(a)(3).
3. The circuit court properly dismissed Holt's complaint under Rule 12(b)(6), and the dismissal order was affirmed.

Questions Presented

1. Whether West Virginia Code section 46A-1-105(a)(3) is ambiguous regarding the exclusion of transactions under public utility tariffs from the WVCCPA.
2. Whether Holt's claims concerning West Virginia-American Water Company's leak-adjustment, billing, late-penalty, and service-termination practices arose from transactions under a public utility tariff and were therefore excluded from the WVCCPA.
3. Whether the circuit court properly dismissed the complaint under Rule 12(b)(6).

Disposition

affirmed