The West Virginia Attorney General is the state’s chief legal officer, an independently elected executive branch position established by Article VII, Section 1 of the state constitution. The office defends state laws in court, advises state agencies, enforces consumer protection statutes, prosecutes Medicaid fraud, and investigates financial exploitation of elderly residents. The current officeholder is John B. McCuskey. If a business has treated you unfairly, you can file a complaint with the office for free.
Who Holds the Office and How They’re Elected
Voters elect the Attorney General during presidential election years for a four-year term. There are no term limits, so the same person can serve as long as voters keep returning them to office. Because the AG is elected rather than appointed by the Governor, the office carries a degree of political independence from the rest of the executive branch.
What the Office Does for the State
Under West Virginia Code Chapter 5, Article 3, the Attorney General provides written legal opinions to the Governor, Secretary of State, Auditor, Treasurer, and other state officers, boards, and commissions when they submit questions in writing.1West Virginia Legislature. West Virginia Code 5-3-1 – Written Opinions and Advice and Other Legal Services These opinions guide agencies on how to interpret and apply the law.
The office is also the state’s courtroom advocate. The AG appears as counsel in every case before the Supreme Court of Appeals of West Virginia and in federal courts where the state has an interest.2West Virginia Legislature. West Virginia Code 5-3-2 – Act as Counsel for State It defends criminal convictions on appeal, defends state officers sued in their official capacity, and can be directed by the Governor to take charge of any state court case where West Virginia has a stake.
One important boundary: the Attorney General does not represent individual residents or give personal legal advice. The office represents the state and its agencies. For a personal legal matter you need to hire a private attorney. The consumer protection work described below is enforcement by the state, not legal representation on your behalf.
Consumer Protection Enforcement
The West Virginia Consumer Credit and Protection Act declares unfair and deceptive business practices unlawful across all trade and commerce in the state.3West Virginia Legislature. West Virginia Code 46A-6-104 – Unfair or Deceptive Acts or Practices The Attorney General enforces this law by investigating businesses accused of fraudulent marketing, hidden fees, or exploitative lending. After a hearing, the office can order a business to stop. For a pattern of willful violations, the AG can pursue civil penalties of up to $5,000 per violation in court.4West Virginia Legislature. West Virginia Code 46A-7-111 – Civil Penalty for Willful Violations
Price gouging draws particular attention during declared states of emergency. West Virginia law prohibits selling essential consumer goods such as food, medical supplies, and heating oil at more than 10% above their pre-emergency average cost. Violations are misdemeanors carrying fines of up to $1,000 and up to one year in jail.
How to File a Consumer Complaint
Filing a complaint with the Consumer Protection Division costs nothing. Before you file, gather what you’ll need:
- Your contact information: phone, email, and mailing address.
- The business’s name, address, and phone number.
- A written description of the problem in chronological order, with dates, dollar amounts, and the names of anyone you dealt with.
- Supporting documents: contracts, receipts, billing statements, printed advertisements, emails, or anything that shows what was promised versus what happened.
- A description of what you’ve already done to try to resolve the issue directly with the business.
The division accepts complaints three ways. You can submit the online complaint form on the Attorney General’s website, download a PDF form and mail it, or email your complaint.5Office of the WV Attorney General. File a Complaint with the Consumer Protection Division To request a paper form by phone, call the Consumer Protection Hotline at 1-800-368-8808. Mail goes to: Office of the Attorney General, Consumer Protection Division, PO Box 1789, Charleston, WV 25326-1789.
Once your complaint arrives, the office opens a mediation process by contacting the business and asking for a formal response. Getting the details right on your form matters. Vague descriptions or missing dates slow things down, and the information you provide is what the office uses to decide whether to investigate further. Keep copies of everything you send.
Medicaid Fraud and Elder Exploitation
The office’s Medicaid Fraud Control Unit investigates healthcare providers who submit false claims and those who abuse, neglect, or financially exploit patients in facilities that receive Medicaid funding.6West Virginia Legislature. West Virginia Code 9-7-1 – Legislative Purpose and Findings; Powers and Duties of Fraud Control Unit A provider convicted of submitting false Medicaid claims or bribing program officials faces a felony with one to ten years in prison and fines up to $10,000. Knowingly destroying records related to Medicaid payments carries the same penalties.7Office of Inspector General. Medicaid Fraud Control Units
Financial exploitation of an elderly or incapacitated adult is prosecuted on a scale that depends on the amount taken. Below $1,000 it is a misdemeanor punishable by up to $1,000 in fines and up to one year in jail. At $1,000 or more it is a felony carrying two to twenty years in prison and fines up to $10,000.8West Virginia Legislature. West Virginia Code 61-2-29b – Financial Exploitation of an Elderly Person, Protected Person, or Incapacitated Adult; Penalties; Definitions
A dedicated unit inside the office investigates scams targeting seniors, power of attorney abuse, unfair debt collection aimed at older residents, and other forms of exploitation. It also helps seniors with preneed funeral contracts and maintains a scam alert database.
Multistate Settlements
State attorneys general often join forces on large cases, and West Virginia participates in these actions on issues from antitrust to the opioid crisis. The state has secured over $1 billion in total opioid settlements. In the Purdue Pharma settlement alone, over $50 million is scheduled to be paid to West Virginia on an accelerated nine-year timeline.9Office of the WV Attorney General. $7.4 Billion Purdue Pharma / Sackler Family Opioid Settlement Goes Into Effect Under the national opioid settlement terms, at least 85% of the funds going to participating states must be used for opioid crisis abatement rather than general state spending.
How to Reach the Office
The main office is at 1900 Kanawha Blvd. East, Building 1, Room E-26, Charleston, WV 25305. The general phone number is (304) 558-2021.10Office of the WV Attorney General. Contact Us For consumer matters, call the Consumer Protection Hotline at 1-800-368-8808 or the division directly at (304) 558-8986. Email consumer complaints to consumer.complaint@wvago.gov; general consumer inquiries go to consumer@wvago.gov. Office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m.