HOUSE CONCURRENT RESOLUTION 99
(By Delegates Kelly, Akers, Amos, Anders, Barnhart, Campbell, D. Cannon, Canterbury, Cooper, Criss, DeVault, Dittman, Drennan, Eldridge, Ellington, Fehrenbacher, Ferrell, Gearheart, Hall, Hite, Horst, Hott, T. Howell, Jeffries, Jennings, Kimble, Kyle, Leavitt, Mallow, Maynor, Mazzocchi, McGeehan, Moore, Parsons, Petitto, Phillips, Pinson, Ridenour, Riley, Rohrbach, Shamblin, Sheedy, D. Smith, Statler, Vance, and Worrell)
[April 8, 2025; Referred ]
to the committee on Rules
Requesting the Joint Standing Committee on the Judiciary to study policies aimed at preventing financial fraud and scams and report its findings and recommendations to the West Virginia Legislature, the Governor’s Office, and the Attorney General’s office not later than December 31, 2025.
Whereas, As technology and automation evolve, a growing fraud industry is stealing billions from consumers each year; and
Whereas, Fraud schemes are increasingly sophisticated, leveraging advanced technologies such as artificial intelligence and generative AI to deceive consumers and businesses; and
Whereas, Over 8,000 West Virginians were victims of fraud and scams resulting in $27 million in losses in 2024; and
Whereas, The Federal Trade Commission (FTC) reports that consumers lost more than $12.5 billion to fraud in 2024, representing a significant 25% increase over the prior year; and
Whereas, Organized crime rings are responsible for the majority of fraud attempts, significantly impacting financial institutions and their customers; and
Whereas, Funds lost to fraud is often results with many victims facing significant financial hardship as a result; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Standing Committee on the Judiciary continue to recognize the escalating problem of financial fraud affecting West Virginians and undertake a comprehensive review of existing laws and policies in West Virginia as well as examine the national landscape in terms of other states’ responses to this growing threat; and, be it
Further Resolved, That the Joint Standing Committee on the Judiciary shall develop recommendations to combat financial fraud in this state, including potential legislation focused on prevention, intervention and recovery; and, be it
Further Resolved, That the Joint Standing committee on the Judiciary consider model legislation including:
(a) Control telephone solicitations: Due to the increasing need for more protections and the outdated nature of existing laws, states continue to enact their own more restrictive legislation to help stem the tide of robocalls and spoofing, even though federally enacted legislation, such as the Telephone Consumer Protection Act (TCPA), already prohibits these practices.
(b) Deter cryptocurrency kiosk use in fraud: The usage of cryptocurrency kiosk machines (ATMs) in scams has expanded exponentially over the past few years. The FTC’s Consumer Sentinel Network reported 47,537 scams using cryptocurrency as payment, resulting in theft of $1.409 million in 2023, second only to bank transfers/payments in terms of payment losses.
(c) Ensure victim restitution: To help make whole victims of fraud, it is essential to consider Model Consumer Fraud Restitution Fund Legislation, and Model Consumer Securities Fraud Restitution Fund Legislation.
(d) Protect homes against deed fraud: Deed fraud, also known as property or title fraud, is a growing concern that threatens the security of property ownership. The creation of a legislative framework to protect property owners and to maintain the integrity of property transactions is needed; and, be it
Further Resolved, That the Joint Committee on the Judiciary report its findings and recommendations to the West Virginia Legislature, the Governor’s Office, and the Attorney General’s office not later than December 31, 2025; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.