Subscription Traps and Automatic Renewals: Fighting Deceptive Practices in West Virginia

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It begins with a tempting online offer. A one-month free trial for a new streaming service, a risk-free sample of a health supplement for only the cost of shipping, or access to a credit report at no charge. You enter your credit card information, assuring yourself you will cancel before the trial period ends. Before you know it, weeks or even months have passed, and you discover recurring charges on your bank statement for a service you never intended to buy and perhaps never even used.

How Do These Deceptive Billing Practices Work?

These traps operate on consumer psychology and confusing website design. The goal is to get your payment information once, banking on the fact that you will either forget to cancel or find the cancellation process so frustrating that you give up.

The mechanics are often subtle:

  • Buried Terms: The automatic renewal terms are hidden deep within a lengthy, dense “Terms and Conditions” document.
  • Pre-Checked Boxes: You may be required to un-check a tiny box to opt-out of the recurring plan, a detail most people miss.
  • Misleading Advertising: The word “free” is used prominently, while the details of the future charges are in fine print.
  • Onerous Cancellation: To cancel, you may be forced to call a number that is only open during limited hours, navigate a confusing phone menu, or speak to high-pressure retention specialists whose job is to talk you out of leaving.

Common Types of Automatic Renewal Scams

While these traps can appear in any industry, they are particularly common in certain sectors. Be cautious of offers related to:

  • Free Trial Offers: The classic model. Get a free 30-day trial, but you are billed on day 31 if you do not cancel.
  • Continuity Plans: Often seen with supplements, skincare, or “subscription boxes.” You agree to receive one product, but you have unknowingly agreed to receive and pay for that product every month.
  • “Risk-Free” Samples: You are asked to pay a small shipping and handling fee (e.g., $4.95) for a sample. Buried in the terms is an agreement to be charged a high price (e.g., $89.95) 14 days later and every month thereafter.
  • Discounted Memberships: A gym, club, or online service offers a low introductory annual rate, only to automatically renew at a much higher, non-refundable rate a year later without adequate warning.

Is Automatic Renewal Legal in West Virginia?

This is a key question. Automatic renewals, or “negative option” plans, are not illegal in themselves. Many legitimate services, like streaming platforms and software subscriptions, use them for convenience. However, their legality depends entirely on disclosure. When a company hides or misrepresents the terms of the renewal, it crosses the line from a convenience into a deceptive and unlawful practice.

Both federal and state laws exist to protect consumers from these deceptive tactics. A company cannot legally trick you into a contract.

What Does ROSCA Require Businesses to Do?

ROSCA is built on the principle of transparency. To legally charge you for an automatic renewal, a company must:

  • Clearly and Conspicuously Disclose All Material Terms: The company must, before obtaining your billing information, clearly state all important terms. This includes the fact that you will be charged, the amount of the charge, and that the charges will be recurring unless you cancel. This information cannot be hidden in fine print.
  • Obtain Your Express Informed Consent: The company must get your explicit permission to the charges. This means you must take an affirmative action, like checking a box (that was not pre-checked) or clicking a button that clearly states you agree to the recurring plan.
  • Provide a Simple Cancellation Method: The company must provide an easy, simple-to-use way for you to cancel the subscription and stop the recurring charges. The cancellation process cannot be an endless maze.

West Virginia Consumer Protection Laws

In addition to federal law, West Virginians are protected by the West Virginia Consumer Credit and Protection Act (WVCCPA). This powerful state law prohibits “unfair or deceptive acts or practices” in commerce. A subscription trap that uses misleading advertising, buries its terms, and makes cancellation nearly impossible is a clear example of a deceptive practice under the WVCCPA.

The West Virginia Attorney General’s office actively pursues complaints about these types of scams. The law provides a path for consumers who have been harmed by these deceptive practices to hold bad actors accountable.

How Do Companies Violate These Laws?

Deceptive companies intentionally skirt the requirements of ROSCA and the WVCCPA. Violations often include:

  • Placing the renewal terms far from the checkout button.
  • Using pre-checked boxes as the default consent.
  • Using confusing language, such as double negatives, in the terms.
  • Failing to send an email reminder before a trial ends or a large annual renewal is charged.
  • Making the online “cancel” button impossible to find, forcing you to call.
  • Requiring you to mail a physical letter to cancel a subscription you signed up for online.

Red Flags: How to Spot a Subscription Trap

Awareness is the best defense. Before entering your credit card information for any trial or sample, look for these warning signs:

  • An offer that seems too good to be true.
  • Vague or unclear terms about the length of the trial and the price after the trial ends.
  • Any requirement to provide credit card information for a “free” product.
  • Pre-checked boxes at checkout. Always review every box carefully.
  • A checkout page that is cluttered with ads and pop-ups, designed to distract you.
  • No clear information on how to cancel the subscription.
  • A company with a poor reputation or many online complaints about billing.

The Challenge of “Dark Patterns” in Online Subscriptions

The problem has become more sophisticated than just fine print. Today, companies use “dark patterns”—intentionally deceptive user interface (UI) designs—to trick users into actions they do not intend to take. This is a form of psychological manipulation used to boost sales and make cancellation difficult.

What Are Dark Patterns?

Dark patterns are design tricks that benefit the company at the expense of the user. They exploit common human behaviors and assumptions. The Federal Trade Commission (FTC) has signaled its intent to crack down on these practices, as they directly contribute to consumer harm in subscription models.

Examples of Dark Patterns in Subscription Models

  • Roach Motel: This is the classic subscription trap model. The design makes it incredibly easy to get into a situation (sign up for a trial) but impossibly hard to get out (cancel).
  • Confirmshaming: This tactic uses guilt to make you comply. When you try to cancel, you might see a button that says, “No, I don’t want to save money” or “No thanks, I prefer to pay full price.”
  • Hidden Costs: A product is advertised at one price, but at the final checkout step, additional fees (like “service fees” or “processing fees”) are added, often in a way that is easy to miss.
  • Misdirection: Your attention is drawn to a large, brightly colored button to “Continue” or “Sign Up,” while the option to decline or exit is a tiny, gray text link.
  • Forced Action: You are forced to create an account and provide billing information just to browse products or see a price.

What Should You Do If You Are Stuck in a Subscription Trap?

If you discover you are a victim of deceptive billing, do not give up. Take these steps immediately:

  • Try to Cancel (and Document It): First, try to cancel the service through the company’s official channels. If you must call, write down the date, time, and the name of the person you spoke to. If you use an online chat, save a transcript. If you send an email, save a copy. This creates a paper trail.
  • Contact Your Bank or Credit Card Company: Call your bank or credit card issuer immediately. Tell them the charges are unauthorized and fraudulent. Ask them to perform a “chargeback” to reverse the transaction. You can also request that they block all future charges from that specific merchant.
  • Gather All Evidence: Collect all relevant documents. This includes the initial offer, any email confirmations, your bank or credit card statements showing the charges, and all your communication attempts to cancel.

Reporting Deceptive Practices in West Virginia

To stop these companies from harming others, it is important to report them. You should file a formal complaint with:

  • The West Virginia Attorney General’s Consumer Protection Division: This is your primary state-level resource. They can investigate the company, mediate the dispute, and take legal action if the company has shown a pattern of deceptive behavior.
  • The Federal Trade Commission (FTC): The FTC is the nation’s top consumer protection agency and tracks these complaints to build cases against bad actors at the national level.

Can You Get Your Money Back?

Recovering your lost funds can be challenging, but it is not impossible. A chargeback from your credit card company is often the fastest and most effective method for recent charges. Some companies, when confronted with a formal complaint from the Attorney General, may issue a refund to avoid a larger investigation.

The Difficulty in Recovering Funds

The primary challenge is that many of these deceptive companies are fly-by-night operations. They may be based overseas, difficult to locate, and quick to shut down and reopen under a new name once they face legal pressure. They often count on the fact that the small monthly charge is not worth the hassle for a single consumer to fight.

When Does a Bad Business Practice Become a Legal Case?

While a single, small charge is unlikely to be the basis for an individual lawsuit, there are situations where legal action is a viable path. If a company’s deceptive practices have resulted in significant financial loss, or if a large number of consumers in West Virginia have been affected by the same scam, it may be grounds for a class action lawsuit.

A class action allows many victims with similar claims to join together in a single case to hold the company accountable, stop the deceptive practice, and recover funds for everyone harmed.

Powell & Majestro: Protecting West Virginia Consumers

You should not have to pay for services you did not want and were tricked into buying. The law is on your side, and you have rights. The legal team at Powell & Majestro, P.L.L.C., is committed to protecting the rights of West Virginia consumers. We have experience confronting deceptive business practices and holding companies accountable for the harm they cause. We are here to listen to your story and explain your options.

For a free, no-obligation consultation to discuss your situation, call our office today at (304) 346-2889 or reach out to us through our online contact form.

GLP-1 Weight Loss Drugs and Gastrointestinal Injuries: West Virginia Patient Rights

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The pursuit of better health often involves difficult choices and new medical treatments. For many people, recently popularized GLP-1 weight loss drugs—known by brand names like Ozempic, Wegovy, Mounjaro, and Zepbound—seemed to offer a promising path forward. These medications were widely prescribed for type 2 diabetes and chronic weight management, leading to widespread use. However, some patients who started these treatments hoping for a new lease on life found themselves facing a different, debilitating battle: severe gastrointestinal complications, including a condition known as gastroparesis, or “stomach paralysis.”

What Are GLP-1 Receptor Agonists?

GLP-1 receptor agonists are a class of medications that mimic a natural hormone in the body. This hormone helps regulate blood sugar and slows down how quickly food leaves the stomach, which helps people feel full longer. This mechanism is why they are effective for both diabetes control and weight loss.

Common medications in this class include:

  • Ozempic (semaglutide)
  • Wegovy (semaglutide)
  • Rybelsus (semaglutide)
  • Mounjaro (tirzepatide)
  • Zepbound (tirzepatide)
  • Trulicity (dulaglutide)

While many users experience common, milder side effects like nausea, a growing number of individuals are reporting severe, persistent, and life-altering gastrointestinal injuries.

What is Gastroparesis (Stomach Paralysis)?

Gastroparesis is a serious medical condition where the stomach’s muscles slow down or stop working properly. This prevents the stomach from emptying food in a normal way. Food sits in the stomach for too long, which can lead to a host of debilitating problems.

Symptoms of gastroparesis often include:

  • Severe, persistent nausea
  • Repetitive and uncontrollable vomiting, sometimes of food eaten hours or days before
  • A feeling of fullness after eating very little
  • Abdominal bloating and severe pain
  • Acid reflux or heartburn
  • Significant weight loss and malnutrition
  • Dehydration due to persistent vomiting

A diagnosis of gastroparesis can be devastating. It may require significant dietary changes, long-term medication, and in some cases, hospitalization for malnutrition or dehydration.

What Are Ileus and Bowel Obstruction?

Beyond gastroparesis, other serious conditions like ileus and bowel obstruction are also being linked to these medications.

  • Ileus: This is a condition where the normal wave-like contractions of the intestines (peristalsis) stop, preventing food and waste from moving through the digestive tract. It is essentially a paralysis of the bowel.
  • Bowel Obstruction: This is a physical blockage in the small or large intestine.

Both ileus and bowel obstruction are medical emergencies. They can cause severe abdominal pain, cramping, swelling, and an inability to have a bowel movement or pass gas. If not treated immediately, they can lead to a bowel perforation, serious infections, and can be life-threatening.

The Link Between GLP-1 Drugs and Severe Stomach Problems

The very mechanism that makes these drugs effective for weight loss—slowing digestion—is also what may be at the heart of these severe injuries. By design, these medications slow stomach emptying. For most users, this effect is manageable.

However, it is alleged that for some patients, this effect is far more extreme, leading to a near-total shutdown of the digestive system, resulting in gastroparesis or ileus. Patients who have developed these conditions often report that the symptoms began after they started taking a GLP-1 medication and, in many cases, persisted even after they stopped using the drug.

Were These Risks on The Warning Label?

This is the central question in the emerging litigation. A drug manufacturer has a legal duty to warn doctors and patients about all known serious risks associated with its product. When a manufacturer fails to provide an adequate warning, it can be held legally responsible for the harm that results.

While the drug labels for many GLP-1 medications mentioned common side effects like nausea, vomiting, and diarrhea, it is alleged that they failed to adequately warn of the risk of developing severe, permanent conditions like gastroparesis. Patients and their doctors may not have been able to make a fully informed decision, weighing the benefits of the drug against its potential for causing a life-altering gastrointestinal injury.

What is Product Liability in a Defective Drug Case?

In West Virginia, when a person is harmed by a medication, they may have a claim based on product liability law. Product liability holds manufacturers, distributors, and sellers responsible for placing a defective product into the hands of consumers.

There are generally three types of defects in a product liability claim:

  • Manufacturing Defect: A mistake during the production process makes a specific batch of the drug dangerous.
  • Design Defect: The drug’s design itself is inherently unsafe, and the risks outweigh its benefits.
  • Warning Defect (Failure to Warn): The product was sold without adequate warnings or instructions regarding its proper use and potential serious risks.

Lawsuits involving GLP-1 drugs are primarily focused on the “failure to warn.” The core of the case is that the manufacturers, such as Novo Nordisk and Eli Lilly, allegedly knew or should have known about the risk of severe stomach paralysis and failed to include this risk on the product’s warning label.

Who Can Be Held Liable for Drug Injuries?

In defective drug litigation, the primary party held responsible is typically the drug manufacturer. These multinational corporations have extensive resources for researching, developing, and testing their products. They are in the best position to know the potential dangers and have a legal obligation to communicate those dangers to the public and the medical community.

What Kind of Compensation May Be Available?

A patient who has developed gastroparesis or another severe injury after using a GLP-1 drug may face immense personal and financial burdens. A product liability lawsuit seeks to recover compensation, often called damages, for these losses.

While no amount of money can reverse a chronic medical condition, compensation can provide essential financial stability. In West Virginia, a claimant may be able to seek:

Economic Damages

These are the specific, calculable financial losses caused by the injury.

  • Past and future medical bills: This includes hospital stays, emergency room visits, specialist consultations (like gastroenterologists), diagnostic tests (like endoscopies), and prescription medications.
  • Lost wages: Compensation for the time missed from work due to illness, treatment, and recovery.
  • Loss of future earning capacity: If the condition is permanent and prevents a person from returning to their job or working at the same capacity, they may be compensated for this future lost income.

Non-Economic Damages

These are the intangible, personal losses that have no simple price tag.

  • Pain and suffering: Compensation for the physical pain, discomfort, and emotional distress caused by the condition.
  • Loss of enjoyment of life: This addresses the way the injury has affected a person’s ability to participate in and enjoy daily activities, hobbies, and family life.
  • Emotional anguish: Compensation for the anxiety, depression, and mental toll of living with a chronic, debilitating condition.

How Does a Patient Prove Their Case?

To succeed in a product liability claim in West Virginia, a patient and their legal team must build a strong, evidence-based case. This is a complex process that requires meticulous documentation and legal experience.

Key evidence often includes:

  • Medical Records: A clear diagnosis of gastroparesis, ileus, or bowel obstruction from a qualified medical provider.
  • Prescription History: Proof that the patient was prescribed and took the GLP-1 medication (Ozempic, Mounjaro, etc.) before the severe symptoms began.
  • Medical Expert Testimony: Statements from qualified medical professionals who can explain the link between the drug and the patient’s specific injury.
  • Exclusion of Other Causes: Medical records and testimony are often used to rule out other potential causes of the patient’s gastrointestinal condition.
  • Documentation of Harm: Evidence of the financial and personal impact of the injury, including medical bills, pay stubs, and personal journals detailing the daily effects of the condition.

What Should You Do If You Suspect an Injury from a GLP-1 Drug?

If you or a loved one in West Virginia is taking a GLP-1 medication and experiencing symptoms of severe stomach problems, it is important to take immediate steps to protect your health and your legal rights.

  • Seek Medical Attention Immediately. Your health is the first priority. See your doctor or go to the emergency room to get a proper diagnosis and treatment for your symptoms. Be sure to tell your healthcare provider about all medications you are taking.
  • Document Your Experience. Keep a detailed record of your symptoms, including when they started, their frequency, and their severity. Note any hospitalizations or doctor visits related to these symptoms.
  • Preserve Your Records. Keep all related medical records, prescription bottles, pharmacy receipts, and any communications you have had with your doctor about the medication.
  • Do Not Speak with Manufacturer Representatives. If you are contacted by an insurance adjuster or a representative from the drug company, you are not obligated to provide them with a recorded statement. Politely decline and speak with an attorney first.
  • Consult with a West Virginia Product Liability Attorney. These cases are incredibly complex. A qualified attorney can review your situation, explain your legal options, and help you determine the best path forward.

The Statute of Limitations in West Virginia

It is important to note that all personal injury claims are governed by a “statute of limitations.” This is a strict deadline set by West Virginia law for filing a lawsuit. If you fail to file your claim within this time window, you may lose your right to seek compensation forever.

The exact deadline can be complicated to determine, as it depends on when the injury occurred and when the patient reasonably should have known that the drug was the cause of the injury (the “discovery rule”). Because of this complexity, it is vital to speak with a knowledgeable attorney as soon as possible.

Powell & Majestro: Advocacy for West Virginians

When a medical product that was supposed to improve health causes devastating harm, it is a profound violation of trust. The legal team at Powell & Majestro, P.L.L.C. is committed to protecting the rights of West Virginians who have been harmed by the negligence of large corporations. We have the experience and resources to investigate complex product liability cases and confront the legal teams of multinational drug companies. If you or a loved one has been diagnosed with gastroparesis or suffered a serious bowel injury after using Ozempic, Wegovy, Mounjaro, or another GLP-1 drug, we are here to help.

For a free, no-obligation consultation to discuss your situation and learn more about your legal options, call our office today at (304) 346-2889 or contact us through our online form.

AI Voice Cloning Scams: How Deepfake Technology is Targeting West Virginia Consumers

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The call comes at an odd hour, jarring you from sleep or interrupting dinner. The number is unfamiliar, but the voice on the other end is not. It is your son, your daughter, your grandchild. Their voice is trembling, laced with panic. There has been an accident, they say. They are in trouble, in jail, or in a hospital far from home. They need money, and they need it now. Every instinct in your body screams to help. The voice is a perfect match, down to the cadence and inflection. But it is a lie.

This is the new face of fraud in West Virginia, a frighteningly sophisticated crime powered by artificial intelligence.

What is an AI Voice Cloning Scam?

An AI voice cloning scam, also known as a deepfake audio scam, is a form of fraud where criminals use artificial intelligence to create a realistic replica of a person’s voice. The technology requires only a few seconds of a person’s real audio—grabbed from a social media video, a podcast appearance, or even a voicemail message—to generate a synthetic voice that can say anything the scammer types.

This is a massive leap beyond the clumsy robocalls and awkward phishing emails of the past. The goal is to create a scenario so emotionally charged and believable that the victim’s critical thinking is short-circuited by panic. The scammer, speaking through the cloned voice of a loved one, creates an artificial crisis that demands immediate financial action. This high-tech impersonation is a form of voice phishing, or “vishing,” and its effectiveness is deeply unsettling.

Common AI Scam Scenarios Targeting West Virginians

Criminals are adapting timeless scam formulas with this powerful new technology. They are aware that many West Virginia families have deep roots and strong protective instincts, making them prime targets for schemes that prey on family loyalty.

Here are some of the most common scenarios:

  • The Modern Grandparent Scam: This is a high-tech version of a classic con. An elderly person receives a call from their “grandchild.” The cloned voice frantically explains they have been arrested after a car wreck and need bail money immediately. The scammer, now posing as a lawyer or bail bondsman, instructs the grandparent to wire thousands of dollars or buy gift cards, warning them not to tell anyone to avoid further trouble.
  • The Virtual Kidnapping Hoax: Perhaps the most terrifying variation, a parent receives a call and hears the cloned voice of their child screaming or crying for help. A second voice then comes on the line, claiming to be a kidnapper and demanding an immediate ransom payment for the child’s safe return. The panic induced by hearing their child’s voice in distress is often enough to make a parent comply before they can verify the threat.
  • The Emergency Medical Ploy: The cloned voice of a loved one claims to be in the hospital after a serious accident. They might say they have lost their wallet and need money for urgent medical treatment. The call is designed to create a sense of helplessness and pressure the victim into sending funds without a second thought.
  • The Stranded Traveler Deception: The “family member” calls, their voice filled with anxiety, claiming they have been robbed while traveling and need money for a flight home or a hotel room. They will plead with the victim not to call anyone else out of embarrassment.

In every case, the underlying tactic is the same: use a trusted voice to manufacture a crisis that demands immediate, untraceable payment.

Why is This Technology So Alarming?

The rise of accessible AI tools has placed a powerful weapon in the hands of criminals. The convincing nature of these scams bypasses the logical defenses we might use to detect a fraudulent email or text message.

  • Emotional Manipulation: Hearing is believing. The sound of a loved one’s voice in distress triggers a primal, protective response. Scammers exploit this by creating a state of panic that overrides skepticism. The victim is not thinking about the technical possibility of a fake voice; they are reacting to the perceived suffering of a family member.
  • Accessibility of Technology: Voice cloning is no longer the stuff of science fiction. Numerous AI platforms, some marketed for legitimate purposes, can create a deepfake voice with minimal audio input and low cost. This lowers the barrier to entry for criminals worldwide.
  • Plausibility: The scenarios, while dramatic, are designed to be just believable enough. A car accident, a lost wallet, a minor run-in with the law—these are all things that could happen, making it harder to dismiss the call as an obvious fake.
  • Difficulty of Tracing: Scammers use Voice over IP (VoIP) services and “spoof” phone numbers to mask their true location, making them almost impossible for law enforcement to trace. They operate from overseas, far beyond the reach of local West Virginia authorities.

How to Identify a Deepfake Voice Scam

While the technology is advanced, these scams still have weaknesses. The criminals behind them are counting on your panic, so the key to foiling them is to slow down and look for the red flags.

Be on high alert if the caller:

  • Creates Extreme Urgency: The core of the scam is pressure. They will insist you must act now and cannot hang up the phone.
  • Asks for Secrecy: They will often say, “Please don’t tell Mom and Dad,” or “Don’t call anyone else, I’m too embarrassed.” This is a tactic to prevent you from verifying the story.
  • Requests Untraceable Payment Methods: Legitimate entities do not ask for payment via wire transfer, gift cards, or cryptocurrency. These are the preferred methods for criminals because they are fast and irreversible.
  • Displays Odd Speech Patterns: While AI voices are getting better, they can sometimes sound flat, lack emotional range, or have strange pauses. You might notice awkward phrasing or a lack of the little conversational tics the real person uses.
  • Cannot Answer Personal Questions: The AI can replicate a voice, but it cannot access memories. Asking a question that only your loved one would know is a powerful defense.

How Can You Protect Yourself and Your Family from These Scams?

Proactive defense is the best way to protect your family and finances from this threat. It starts with education and establishing clear security protocols with your loved ones.

  • Establish a Family Safe Word. This is the single most effective tool. Choose a unique word or phrase that is easy to remember but that no one outside the family would know. Make it a rule that in any emergency call requesting money, the caller must provide the safe word. If they cannot, it is a scam.
  • Verify Independently. Always. If you receive a distressing call, hang up immediately. Call your loved one directly on the phone number you have for them. Do not call back the number that called you. If they do not answer, call another family member or friend to verify their whereabouts.
  • Ask Specific, Personal Questions. If you are still unsure, ask a question that a scammer could never answer. “What was the name of the street we lived on in Morgantown?” “What did you get me for my last birthday?”
  • Resist the Pressure to Act Immediately. No matter how dire the situation sounds, give yourself a moment to breathe and think. Legitimate emergencies can withstand a five-minute delay for verification. Scams cannot.
  • Secure Your Digital Audio Footprint. Be mindful of the audio and video clips you post online. Consider setting social media accounts to private to limit a scammer’s access to voice samples.
  • Educate Your Relatives. Have a direct conversation about this specific type of scam with your parents, grandparents, and other vulnerable family members. Explain the safe word protocol and the importance of independent verification.

What Steps Should You Take If You Are a Victim?

Realizing you have been tricked is a devastating experience. It is important to act quickly to mitigate the damage and report the crime.

  • Step 1: Contact Your Financial Institution. If you sent money from a bank account, wired funds, or used a credit card, call your bank or card issuer immediately. Report the fraudulent transaction. The sooner you act, the better the chance of stopping the payment.
  • Step 2: Report Gift Card Scams. If you paid with gift cards, contact the company that issued the card (e.g., Apple, Target, Amazon). Tell them the card was used in a scam and ask if they can freeze the funds.
  • Step 3: File a Police Report. Contact your local police department or sheriff’s office in West Virginia and file a report. While they may not be able to recover the money, a police report is an important document for your bank and other agencies.
  • Step 4: Report to State and Federal Agencies. File a complaint with the West Virginia Attorney General’s Consumer Protection Division. Also, report the scam to the FBI’s Internet Crime Complaint Center (IC3) at www.ic3.gov.

Is It Possible to Recover Lost Funds?

Recovering money lost in an AI voice scam is exceptionally difficult. The perpetrators are often overseas, and the payment methods they use are designed to be untraceable.

However, the legal landscape is always evolving. In some very limited situations, a third party might bear some responsibility. For instance, if a bank or financial institution failed to follow established security protocols that could have prevented a fraudulent wire transfer, there may be an avenue to explore. These cases are complex and depend heavily on the specific facts. The primary focus for most victims, unfortunately, must be on reporting the crime and preventing further loss.

Experienced Advocacy for West Virginia Families

The threat of AI-powered scams adds a new layer of anxiety to our connected world. While the law struggles to keep pace with technology, your best defense is awareness and preparation. These scams are a profound violation of trust, and the emotional and financial fallout can be immense. If you or a loved one has suffered a significant financial loss from a scam and you have questions about your rights or potential avenues for recovery, the legal team at Powell & Majestro, P.L.L.C. is here to help. We are dedicated to fighting for West Virginians who have been harmed by fraud and negligence.

For a free, no-obligation consultation to discuss your situation, call our office today at (304) 346-2889 or contact us through our online form.

Appeals Court Sends Cabell/Huntington Opioid Case Back To Judge

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“At trial, we put an expert on who said the cost of abatement would be in excess of $2 billion,” said Anthony Majestro, counsel for Cabell County in the case. “The irony is that the day after Judge Faber ruled, the opioid distributors, who were the defendants in this case, settled with the rest of the state for the rest of the cities and counties in the state for $400 million and Cabell County and the City of Huntington didn’t get to share in that money.”

The appeals court sent the case back to Faber. He can order a new trial, decide that he still agrees with his original order or can agree with the findings of the Fourth Circuit and find for the plaintiffs.

The opioid distributors could also choose to settle the case, as they did with the state of West Virginia. There is no timeline for when the next steps will be taken. Read the full article.

Huntington and Cabell County opioid lawsuit revived by federal appeals court

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In a 49-page ruling, a three-judge appeals panel found that West Virginia’s nuisance law could be applied to the distribution of opioids.

A federal appeals court on Tuesday revived the efforts of the city of Huntington and Cabell County to hold the nation’s largest drug distributors responsible for that community’s opioid overdose crisis.

The 4th U.S. Circuit Court of Appeals overturned a district judge’s ruling that West Virginia’s nuisance law — a central part of the Huntington-Cabell lawsuit — could not be applied to the case. Read the full article.

US appeals court overturns West Virginia landmark opioid lawsuit decision

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CHARLESTON, W.Va. — A federal appeals court on Tuesday overturned a landmark decision in West Virginia that had rejected attempts by an opioid-ravaged area to be compensated by U.S. drug distributors for a influx of prescription pain pills into the region.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ruled that a lower court judge erred when he said West Virginia’s public nuisance law did not apply to the lawsuit involving the distribution of opioids.  Read the full article.

 

Mich. PBM Opioid Suit Belongs In State Court, Judge Told

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Law360 (July 30, 2025, 6:41 PM EDT) — Counsel for the State of Michigan argued Wednesday that a lawsuit
accusing pharmacy benefit managers Express Scripts and OptumRx of fueling the opioid crisis is not subject
to federal officer removal and should be sent back to state court.

Arguing before U.S. District Judge Shalina D. Kumar, Anthony J. Majestro of Powell & Majestro PLLC said
Michigan had included a “very extensive” disclaimer of any claims involving PBMs’ federal client work in its
complaint. Majestro said that disclaimer defeats Express Scripts and OptumRx’s invocation of the federal
officer removal statute, as other courts that have examined the removability of opioid nuisance suits have
found. Read the full article.

In New Twist, W.Va. Judges Suddenly At Odds In Opioid Suits

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Law360 (July 25, 2025, 11:47 PM EDT) — A new ruling in West Virginia opioid crisis litigation is revealing
sharp divisions among the Mountain State’s federal judges regarding a pivotal legal theory, potentially
boosting a Fourth Circuit appeal by beleaguered municipalities aiming to erase a landmark win for drug
distributors.

Wednesday’s ruling by U.S. District Judge John Preston Bailey preserved a suit accusing divisions of Cigna
Healthcare and UnitedHealth Group Inc. of exacerbating rampant narcotic abuse, and it did so by breaking
with U.S. District Judge David A. Faber, who in 2022 authored a bombshell opinion favoring drug
wholesalers after the first opioid trial in federal court. Read the full story.

The Insulin Price Crisis: The Nationwide Fight Against PBM Price Fixing

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Imagine a life-saving drug that costs less than $2 to produce but sells for hundreds of dollars at the pharmacy counter. For insulin—a medication millions of Americans with diabetes depend on daily—that’s the grim reality. Over the past two decades, insulin prices have surged over 1,000%, leaving patients rationing doses, families scrambling to afford treatment, and a nation furious at a system that seems stacked against them.

The human toll is staggering: one in four insulin users has resorted to skipping or stretching doses, risking their health—or their lives—because of cost. This isn’t just a market glitch—it’s a scandal.

At the heart of the insulin price-fixing crisis are pharmaceutical giants and pharmacy benefit managers (PBMs) accused of colluding to inflate costs for profit while patients and taxpayers foot the bill. Across the country, the backlash is growing, and states like West Virginia are stepping up to fight back against these powerful players.

The National Insulin Price-Fixing Crisis

The skyrocketing cost of insulin didn’t happen overnight—it’s a decades-long escalation that’s turned a once-affordable drug into a financial nightmare for millions. Take Humalog, a widely used insulin brand from Eli Lilly: in 1997, a 10 mL vial cost $21.23. By 2017, that price had ballooned to $275—a jaw-dropping 1,527% increase.

Compare that to consumer goods like food and fuel, which rose 25% over the same period, and it’s clear this isn’t normal inflation. This is a scandal that has left patients and policymakers looking for answers—and pointing fingers at a handful of powerful players.

Key Players

Three manufacturers and three PBMs dominate the insulin market, wielding outsized influence over prices and access. They are:

  • Manufacturers – Eli Lilly, Novo Nordisk, and Sanofi: Known as the “Big Three,” these companies produce nearly all the insulin sold in the U.S. Their tight grip on supply limits competition, giving them leverage to set prices that critics say defy any semblance of reason or fairness.
  • PBMs – CVS Caremark, Express Scripts, and OptumRx: These pharmacy benefit managers (PBMs) control about 80% of the prescription drug market, acting as middlemen between manufacturers and insurers. They dictate which drugs make it onto insurance formularies, and their decisions ripple through the entire healthcare system.

The Scheme

So how did prices spiral so high? It is largely due to a rebate-driven cycle that appears to be rigged in favor of the big players in the industry at the expense of consumers. PBMs demand hefty rebates from manufacturers to secure prime spots on insurance formularies—lists of covered drugs. To cover those payments and still profit, manufacturers jack up list prices, a practice dubbed “shadow pricing” for its murky transparency.

The Federal Trade Commission has labeled this a “chase-the-rebate” strategy. PBMs favor high-priced drugs with big rebates over cheaper alternatives, locking in a system where higher costs mean higher profits for them. Patients and payers—like government health programs—end up stuck with the tab, paying inflated prices that bear little relation to the drug’s $2 production cost.

The Impact

The fallout is devastating. About 14% of insulin users ration their doses, skipping shots or stretching supplies to make ends meet. This is a choice that can lead to hospitalizations, complications, or worse.

Public health budgets buckle under the strain, with states and federal programs shelling out billions to cover these costs. The outrage is palpable. Patients, advocates, and lawmakers alike are fed up with a system where lifesaving medicine feels more like a luxury good than a necessity.

Nationwide Legal Pushback

The insulin price crisis hasn’t gone unanswered. Across the U.S., legal and legislative efforts are mounting to hold manufacturers and PBMs accountable. From federal lawsuits to state-led challenges, the pushback is gaining steam, signaling a reckoning for the players accused of driving up costs. Here’s how the fight is unfolding on multiple fronts.

Federal Actions

The federal government is taking aim at the heart of the problem. In September 2024, the Federal Trade Commission (FTC) filed a major lawsuit against the “Big Three” PBMs—CVS Caremark, Express Scripts, and OptumRx—charging them with anticompetitive practices that artificially inflate insulin prices.

The FTC alleges these giants systematically favored high-priced drugs with juicy rebates over cheaper options, locking patients into a cycle of escalating costs. Meanwhile, multidistrict litigation (MDL) in New Jersey (Case No. 2:23-md-3080) is consolidating dozens of lawsuits—from states, private payers, and class actions—into a single arena. A May 2024 order even opened the door for new plaintiffs to join, amplifying the pressure on PBMs and manufacturers alike.

State Efforts

States aren’t waiting for Washington to act—they’re leading their own charges. Minnesota has scored settlements with manufacturers like Novo Nordisk, forcing price concessions and rebates to ease the burden on residents. Texas, meanwhile, launched a 2024 lawsuit targeting both PBMs and insulin makers, alleging a conspiracy to gouge its healthcare system.

These cases reflect a growing trend: state officials, fed up with the impact on their budgets and citizens, are wielding their legal authority to demand accountability. From coast to coast, this patchwork of state-led actions is building momentum, challenging the status quo one courtroom at a time.

Legislative Moves

On Capitol Hill, lawmakers are eyeing structural fixes. The Pharmacy Benefit Manager Transparency Act, championed by Senator Maria Cantwell (D-WA), aims to peel back the curtain on PBM practices—banning deceptive tactics like spread pricing and forcing more accountability in rebate dealings. While progress has been slow, this bill and others signal a bipartisan appetite to rein in the middlemen blamed for insulin’s runaway costs.

West Virginia in the Thick of the Fight

While the insulin price crisis rages nationwide, West Virginia has emerged as a frontline player in the battle against Big Pharma’s middlemen. The WV state auditor is zeroing in on pharmacy benefit managers (PBMs), accusing them of inflating insulin costs that slam state health plans—like those covering public employees—and hit residents where it hurts most. With diabetes rates among the highest in the nation, West Virginia isn’t just fighting for dollars; it’s fighting for the lives of its citizens.

Case Background

The West Virginia state auditor’s lawsuit against two major PBMs began in state court as a bid to hold these middlemen accountable for soaring insulin prices. The auditor alleges the PBMs colluded with manufacturers to artificially inflate list prices, pocketing rebates while excluding cheaper alternatives from formularies, costing the state and its residents untold damages.

The Lawsuit

Powell & Majestro is representing the West Virginia State Auditor in this lawsuit. The case, now on appeal in the Fourth Circuit (Case No. 24-1924), has a hearing set for early May 2025 to settle jurisdictional questions—whether this case belongs in state or federal court.

Local Stakes

West Virginia’s lawsuit builds on a legacy of tackling healthcare costs head-on. The state’s Requiring Accountable Pharmaceutical Transparency, Oversight, and Reporting Act (SB 689) forces drug makers to disclose pricing data, arming officials with the tools to expose and challenge inflated costs.

This lawsuit amplifies that mission, targeting PBMs whose rebate schemes have strained budgets and priced patients out of care. For a state that’s been at the forefront of battling the opioid crises and healthcare disparities, taking on insulin price fixing is a natural extension of this fight that reaffirms its commitment to putting the best interests of its citizens first.

National Crisis with Local Resolve: The Road Ahead

The insulin price crisis is a national scandal that is decades in the making. Soaring costs, fueled by a handful of manufacturers and PBMs, have turned a $2 drug into a financial burden for millions. Yet, throughout the country, the pushback is growing.

Local battles, like West Virginia’s stand against price-fixing PBMs, are lighting the way, challenging a system that’s left patients rationing doses and taxpayers footing the bill. The legal outcomes ahead—whether in state courts or federal arenas—could reshape accountability in drug pricing, forcing transparency and fairness into an industry long overdue for change.

At Powell & Majestro, we are proud to represent the West Virginia state auditor in the state’s fight for fair insulin prices. Contact us at (800) 650-2889 or message us online to learn more about our work protecting communities from corporate overreach. And stay tuned as this case unfolds in 2025 and beyond.

Opioid Litigation in 2025: A New Chapter in the Fight for Justice

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America’s opioid crisis continues to cast a long shadow as we enter 2025, but a new chapter in the fight for justice is unfolding. Recent changes in opioid lawsuits are making a difference. These changes bring new challenges but also new chances to hold companies accountable and help communities heal. Here are some of the latest developments:

  • Large companies are agreeing to pay billions to settle lawsuits.
  • New types of lawsuits are being initiated.
  • Better ways to prevent and treat addiction are being discovered.

There is a feeling that we are making progress, but there’s still a long way to go. We need to keep working to fix the damage caused by opioid addiction.

At Powell & Majestro, P.L.L.C., we’ve been fighting hard for people affected by the opioid crisis for several years. We’ve helped secure large settlements and we know how to take on the large entities that have contributed to this crisis. If you think you might need help with an opioid case, give us a call at (800) 650-2889. We’re here to listen and help you understand your options.

The Ongoing Impact of the Opioid Epidemic

The opioid crisis has left an indelible mark on American society, claiming nearly half a million lives and affecting countless communities across the nation. According to historical data from the Substance Abuse and Mental Health Services Administration (SAMHSA), millions of Americans have misused prescription opioids, with many suffering from opioid use disorder. As the crisis has progressed, many individuals turned to illicit opioids like heroin when unable to obtain prescription drugs, further exacerbating the problem.

The economic burden of this epidemic is significant, with the Centers for Disease Control and Prevention (CDC) estimating tens of billions of dollars in financial impact due to prescription opioid misuse. This includes healthcare costs, lost productivity, addiction treatment, and criminal justice expenses.

Some of the most devastating effects of opioid addiction include:

  • Tragic loss of life due to overdoses.
  • Increased rates of neonatal abstinence syndrome.
  • Strain on community resources and services.
  • Devastating effects on families and social structures.

Recent Settlements and Their Impact

The past year has seen significant progress in holding pharmaceutical companies accountable for their role in the opioid crisis. Several major settlements have been reached, providing essential funds for addiction treatment, prevention, and community recovery efforts.

  • Johnson & Johnson and Distributors’ Global Settlement: The $26 billion global settlement with Johnson & Johnson and major distributors (AmerisourceBergen, Cardinal Health, and McKesson) is now in full swing. Communities across the country are beginning to see tangible benefits from these funds, which are being allocated to various programs aimed at combating the opioid crisis.
  • Walgreens’ Settlement with Baltimore: Walgreens reached a settlement with the City of Baltimore, contributing to the city’s total recoveries from opioid defendants. This settlement has set a precedent, inspiring other cities to pursue similar agreements with pharmacy chains.

Other Significant Settlements

  • Endo International committed to paying $465 million to U.S. states as part of its bankruptcy proceedings.
  • Publicis Health agreed to a $350 million settlement related to its marketing practices for Purdue Pharma’s opioids.
  • CVS, Walgreens, and Walmart have settled for significant amounts, though specifics have not all been disclosed.

Legal Precedents Shaping Future Cases

The U.S. Supreme Court’s rejection of the $6 billion Purdue Pharma settlement that would have shielded the Sackler family from civil lawsuits has forced parties back to the negotiating table. This decision has far-reaching implications for how future settlements may be structured, particularly in cases involving complex corporate structures and individual liability.

Emerging Fronts in Opioid Litigation

As the legal landscape evolves, new areas of focus are gaining traction in opioid-related lawsuits. These include:

  • Suboxone Tooth Decay MDL: A multidistrict litigation (MDL) has been established for Suboxone tooth decay lawsuits. This litigation highlights the ongoing health consequences of opioid addiction treatment and the potential liabilities faced by pharmaceutical companies.
  • Increased Scrutiny of Pharmacy Benefit Managers (PBMs): There is growing attention on the role of pharmacy benefit managers in the opioid crisis. The MDL has identified two cases to act as bellwethers to address their role in the distribution of opioids. State AGs and other governmental entities around the country have been filing cases against the PBMs. In West Virginia, a vast majority of the counties, cities, and towns have filed a combined lawsuit against the PBMs in the Northern District of West Virginia – Ohio County Commission, et al v. Express Scripts, Inc., et al, Civil Action Number 5:24-CV-142. It is anticipated that the remaining counties, cities, and towns will be joining the litigation. Our firm played a key role in drafting the successful opposition to the Defendants’ Combined Motion to Dismiss.
  • NAS Baby Cases: Litigation continues on behalf of children suffering from the effects of Neonatal Abstinence Syndrome as a result of opioid exposure during pregnancy. Our firm, along with others, is involved in two lawsuits on behalf of children devastated by the opioid crisis. As part of the national MDL, a lawsuit against McKinsey & Co. is pending in the Northern District of California. McKinsey recently entered into a $650 million settlement and five-year deferred prosecution agreement with the U.S. Department of Justice to resolve criminal charges related to its marketing of painkillers that resulted in the nation’s opioid epidemic. We also continue to pursue justice on behalf of the hundreds of West Virginia children who are suffering from NAS in a case pending in West Virginia’s Mass Litigation Panel. McKinsey is also one of the defendants in the West Virginia litigation.

If someone you love is suffering from NAS, our firm right away to discuss the case and review your legal options.

Positive Trends in Public Health

Amidst the ongoing legal battles, there are encouraging signs of progress in addressing the opioid crisis:

  • Opioid overdose deaths have shown some signs of a downward trend over the past few years.
  • Increased availability of naloxone and innovative prevention programs are showing promising results in communities nationwide.
  • There’s a growing focus on ensuring that settlement funds are used effectively for long-term addiction prevention and treatment.

The Future of Opioid Litigation

As we progress through 2025, the state of the current opioid litigation remains dynamic. Legal professionals are adapting their strategies to address new challenges and opportunities:

  • Increased collaboration between legal teams and public health experts is leading to more comprehensive approaches to litigation and settlement negotiations.
  • New legal theories are being developed to address the changing tactics of pharmaceutical companies and other entities in the opioid supply chain.
  • There’s a growing emphasis on holding pharmacy benefit managers accountable for their role in the crisis.

The Importance of Experienced Legal Representation

In this complex environment, the importance of experienced legal representation cannot be overstated. Firms with a track record in opioid litigation success bring several advantages to the table, such as:

  • Extensive experience in developing and defending key legal theories in opioid litigation.
  • Representation in multidistrict litigation and settlement negotiations.
  • Proven ability to secure substantial compensation for clients.
  • Deep understanding of the complexities of the opioid crisis and its impact on communities.

Forging Ahead: Accountability, Recovery, and Hope in the Opioid Crisis

The ongoing legal battles and settlements represent a new era of accountability for those responsible for the opioid crisis. While significant progress has been made, there is still much work to be done to address the continuing impact of the epidemic and prevent future crises.

For individuals, communities, and government entities affected by the opioid crisis, seeking experienced legal counsel remains essential. As the legal environment continues to shift, having knowledgeable advocates who can navigate these complex waters is more important than ever.

If you or your community has been affected by the opioid epidemic, don’t wait to seek justice. Contact Powell & Majestro, P.L.L.C. today at (800) 650-2889 for a free consultation and learn how our experienced team can fight for your legal rights.