West Virginia Code 31A-2B-6 – Additional requirements for subpoenas
A subpoena issued by a government entity that specifically requires disclosure of protected financial information must meet the following requirements, in addition to the requirements of § 31A-2A-5 of this code:
Terms Used In West Virginia Code 31A-2B-6
- Disclosure: means the transfer, publication, or distribution of protected financial information to another person for any purpose other than to process or facilitate a payment card transaction. See West Virginia Code 31A-2B-3
- division: means the Division of Banking of West Virginia. See West Virginia Code 31A-1-2
- Government entity: means any state or local government agency or instrumentality thereof, located in West Virginia. See West Virginia Code 31A-2B-3
- Protected financial information: means any record of a sale, purchase, return, or refund involving a payment card that is retrieved, characterized, generated, labeled, sorted, or grouped based on the assignment of a firearms code. See West Virginia Code 31A-2B-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Subpoena: A command to a witness to appear and give testimony.
(1) The subpoena must state that protected financial information is being sought, along with the definition provided in §31A-2B-3(14) of this code;
(2) A copy of the subpoena must be served upon the customer according to the procedure provided in § 31A-2A-5 of this code and the subpoena must contain a certification that said service was executed; and
(3) A copy of the subpoena must be served by the government entity upon the Consumer Protection Division of the West Virginia Attorney General’s Office on the same day the subpoena is served upon the customer whose protected financial data is being sought and the subpoena must contain a certification that said service was executed.