Mr. Fredeking fails to address Chase's claims, or ever mention this article of the WVCCPA beyond the Complaint. The West Virginia Supreme Court of Appeals has acknowledged that Article Six does not define what constitutes a good or service, and thus turns to the definitions found in Article One. State ex rel. Morrisey v. Copper Beech Townhome Communities Twenty-Six, LLC, 806 S.E.2d 172, 181 (W. Va. 2017). "'Services' includes: (a) Work, labor and other personal services; (b) privileges with respect to transportation, use of vehicles, hotel and restaurant accommodations, education, entertainment, recreation, physical culture, hospital accommodations, funerals, cemetery accommodations, and the like; and (c) insurance."

As the West Virginia Supreme Court has found, article 6 of the WVCCPA does not specifically define the terms "goods" and "services" as they apply to the portion of the WVCCPA in question. See State ex rel. Morrisey v. Copper Beech Townhome Communities Twenty-Six, LLC, 806 S.E.2d 172, 181 (W.Va. 2017). However, the general definition section of the WVCCPA defines "goods" as "goods not in existence at the time the transaction is entered into and gift and merchandise certificates, but excludes money, chattel paper, documents of title and instruments."

Thus, Count III of the Amended Complaint fails to state a plausible breach of contract claim under West Virginia law. Furthermore, with respect to Count IV of the Amended Complaint alleging that defendants Johnson, Warden and Conn have violated the WVCCPA, the plaintiff's conclusory allegations fail to sufficiently allege facts to support a violation of this Act with respect to these defendants and that Act does not appear to apply to any of these defendants under the circumstances presented in the Amended Complaint. See W. Va. Code §§ 46A-6-101-110; see also State ex rel. Morrisey v. Copper Beech Townhome Communities Twenty-Six, LLC, 806 S.E.2d 172, 175 (W. Va. 2017) (noting that the CCPA "is a comprehensive attempt on the part of the West Virginia legislature to extend protection to consumers and persons who obtain credit in state.") Finally, in Count V of the Amended Complaint, which is titled, "Intentional Infliction of Emotional Distress," the plaintiff summarily alleges that all of the defendants either denied him his seizure medication or "condoned or allowed a pattern of inadequate medical care to continue despite knowing that the treatment is insufficient."

) (quoting Dunlap v. Friedman's, Inc., 213 W.Va. 394, 399, 582 S.E.2d 841, 846 (2003)); see also State ex rel. Morrisey v. Copper Beach Townhome Cmtys. Twenty-Six, LLC, 239 W.Va. 741, 744, 806 S.E.2d 172, 175 (2017) ("The [WVCCPA] is intended to: (1) increase the availability of consumer credit by raising allowable finance charges (interest rates) and move toward equalization of rates available to consumers whether they borrow the money from a lender or buy the goods on credit from a seller; (2) regulate the rate of finance charges allowed for consumer credit transactions by prescribing rates and rules for computation; (3) regulate those businesses which make small consumer loans and which were formerly regulated by the small loan act; (4) protect consumers who purchase goods or services on credit or through consumer loans from deceptive selling techniques, unconscionable contract terms, and undesirable debt recovery and collection practices; and (5) protect consumers who purchase goods or services for cash or credit from, and to give them remedies for, defective or shoddy goods and se

Syl. Pt. 5, State v. Gen. Daniel Morgan Post No. 548, Veterans of Foreign Wars , 144 W. Va. 137, 107 S.E.2d 353 (1959).State ex rel. Morrisey v. Copper Beech Townhome Communities Twenty-Six, LLC , 239 W. Va. 741, 747, 806 S.E.2d 172, 178 (2017) (quotations and alterations omitted). (a) In any cause of action involving the tortious conduct of more than one defendant , the trial court shall: