Third-Party Dispute Resolution (Arbitration) in West Virginia

West Virginia has no state-run arbitration board. Instead, under W. Va. Code § 46A-6A-8, a consumer may be required to use the manufacturer’s third-party dispute-resolution program (typically BBB Auto Line) before suing — but only if the program qualifies and the manufacturer gave timely notice.

When the dispute-resolution step is required

The requirement applies only if:

• The manufacturer has established a qualified third-party dispute-resolution mechanism that meets Magnuson-Moss / 16 C.F.R. Part 703 standards and is supervised by the West Virginia Attorney General; AND
• The consumer received timely written notice of the program.

If both are true, the lemon-law claim may not be asserted until the consumer has first resorted to that program (§ 46A-6A-8(2)). If no qualified program applies, the consumer can go directly to court.

It is non-binding and tolls the SOL

• The process is non-binding on the consumer — if dissatisfied with the decision, or if the manufacturer fails to comply, the consumer may pursue a civil action.
• The statute of limitations is tolled from the date the consumer files the complaint until the decision (or the manufacturer’s compliance deadline) — so using the program never costs you filing time (§ 46A-6A-8(3)).

How BBB Auto Line works

1. Consumer files online or by mail (free).
2. BBB collects records from both sides.
3. Hearing — telephone or in person, 1–3 hours.
4. Written decision — typically within ~40 days.

Total timeline: typically 60–100 days.

What dispute resolution does NOT provide

• Attorney fees — neither lemon-law nor Magnuson-Moss fees are awarded in arbitration.
• WVCCPA damages — court only.
• The full annoyance-and-inconvenience damages menu of § 46A-6A-4.

For those, court action is required.

When to accept vs. reject the decision

Accept when it delivers a clean refund or replacement and the case lacks misrepresentation facts. Reject and sue when:

• You want the full § 46A-6A-4 damages menu (annoyance, inconvenience, diminished value).
• There are WVCCPA misrepresentation facts.
• You want Magnuson-Moss § 2310(d)(2) fees.
• The vehicle is high-value.

Bottom line

Third-party dispute resolution is a conditional step in West Virginia — required only when the manufacturer maintains a qualified AG-supervised program and gave notice. It is non-binding and tolls the SOL, so it never costs filing time, but its narrow remedies make it incomplete for cases with WVCCPA exposure or where fees matter. Get a free case review before accepting a decision.

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