reglab/housing_qa huggingface dataset:
WV Code § 46A-6E-5 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6E. Consumer Protection -- Assistive Devices|§46A-6E-5. Disclosure Upon Further Sale or Lease

No assistive device returned by a consumer or assistive device lessor in this state, or by a consumer or assistive device lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.
WV Code § 46A-6E-6 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6E. Consumer Protection -- Assistive Devices|§46A-6E-6. Arbitration

(a) Each consumer shall have the option of submitting any dispute arising under this section upon the payment of a prescribed filing fee to an alternate arbitration mechanism established by the Attorney General. Upon application of the consumer and payment of the filing fee, all manufacturers shall submit to such alternate arbitration.(b) Such alternate arbitration shall be conducted by a professional arbitrator or arbitration firm appointed by the Attorney General. The arbitration process shall ensure that personal objectivity of its arbitrators and the right of each party to present its case, to be in attendance during any presentation made by the other party and to rebut or refute such presentation.(c) The Attorney General shall propose a legislative rule or rules for promulgation in accordance with the provisions of chapter twenty-nine-a of this code to establish the arbitration mechanism provided for in this section.
WV Code § 46A-6E-7 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6E. Consumer Protection -- Assistive Devices|§46A-6E-7. Limitations; Waiver of Rights; Action for Damages; Punitive Damages

(a) This section does not limit rights or remedies available to a consumer under any other law.(b) Any waiver by a consumer of rights under this article is void.(c) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief that the court determines appropriate.
WV Code § 46A-6F-101 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-101. Applicability of Definitions

§46A-6F-101. Applicability of definitions.For the purposes of this article, the words or terms defined in this part have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context.
WV Code § 46A-6F-102 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-102. Chance Promotion

Chance promotion means any plan in which premiums are distributed by random or chance selection.
WV Code § 46A-6F-103 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-103. Consumer; Purchaser

?Consumer" or ?purchaser" means a person who is solicited to become or does become obligated to pay for consumer goods or services offered by a telemarketer through telemarketing.
WV Code § 46A-6F-104 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-104. Consumer Goods or Services

?Consumer goods or services" means:(1) Any property or services offered or sold to a natural person primarily for personal, family, household or agricultural purposes;(2) Any property or service offered or sold for the purpose of providing a profit or investment opportunity; or(3) Any property intended to be attached to or installed in any real property, without regard to whether it is so attached or installed, as well as timeshare estates and licenses, resort and campground memberships, and any services related to such property.
WV Code § 46A-6F-105 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-105. Division

?Division" means the consumer protection division of the office of the Attorney General.
WV Code § 46A-6F-106 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-106. Individual

?Individual" means a single human being and does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity.
WV Code § 46A-6F-107 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-107. Investment Opportunity

?Investment opportunity" means anything tangible or intangible, that is offered for sale, sold or traded based, wholly or in part, on representations, either express or implied, about past, present or future income, profit or appreciation.
WV Code § 46A-6F-108 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-108. Material Aspect or Element

?Material aspect or element" means any factor likely to affect a person's choice of, or conduct regarding, goods or services and includes currency values and comparative expressions of value including, but not limited to, percentages or multiples.
WV Code § 46A-6F-109 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-109. Person

?Person" includes any individual, group of individuals, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity.
WV Code § 46A-6F-110 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-110. Prize, Gift or Award

?Prize, gift or award" means anything offered or given, or purportedly offered or given, to a consumer as part of a prize promotion.
WV Code § 46A-6F-111 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-111. Prize Promotion

?Prize promotion" means:(1) A sweepstakes or other game of chance; or(2) An oral or written express or implied representation that a person has won, has been selected to receive, or may be eligible to receive a prize, gift or award.
WV Code § 46A-6F-112 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-112. Telemarketing Solicitation

(a) ?Telemarketing solicitation" means and includes any communication between a telemarketer and a prospective purchaser for the purpose of selling or attempting to sell the purchaser any consumer goods or services, if it is intended by the telemarketer that an agreement to purchase the consumer goods or services will be made after any of the following events occur:(1) The telemarketer makes an unsolicited telephone call to a consumer, attempting to sell consumer goods or services to the consumer, when the consumer has not previously expressed an interest to the telemarketer in purchasing, investing in, or obtaining information regarding, the consumer goods or services offered by the telemarketer; or(2) The telemarketer communicates with a consumer by any means and invites or directs the consumer to respond by any means to the telemarketer's communications, and the telemarketer intends to enter into an agreement with the consumer for the purchase of consumer goods or services at some time during the course of one or more subsequent telephone communications with the consumer.(b) For purposes of this article, ?communication" means a written or oral notification or advertisement transmitted from a telemarketer to a consumer by any means.
WV Code § 46A-6F-113 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-113. Telemarketer

(a) ?Telemarketer" means any person who initiates or receives telephone calls to or from a consumer in this state for the purpose of making a telemarketing solicitation as defined in section one hundred twelve of this article.(b) A telemarketer may initiate or receive a communication that constitutes a telemarketing solicitation on his own behalf, through a salesperson or through an automated dialing machine.(c) A telemarketer does not include any of the persons or entities exempted pursuant to part II of this article.(d) A telemarketer does not include a salesperson as defined in section one hundred fourteen of this article.(e) A telemarketer includes, but is not limited to, owners, operators, officers, directors, partners or other individuals engaged in the management activities of a business entity that is subject to licensing and registration pursuant to this article.
WV Code § 46A-6F-114 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-114. Telemarketer in Good Standing

?Telemarketer in good standing" means a telemarketer who, during the previous two years has continually been engaged in the business of telemarketing and who has not been convicted, or pled guilty or nolo contendere to racketeering, embezzlement, fraudulent conversion, misappropriation of property or any violations of state or federal securities laws, a theft offense, or any consumer protection law or telemarketing law.
WV Code § 46A-6F-201 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-201. Inapplicability of Registration and Bonding Provisions of This Article to Charitable Organizations

§46A-6F-201. Inapplicability of registration and bonding provisions of this article to charitable organizations.A charitable organization that is exempt from filing an annual registration statement with the Secretary of State under the provisions of section six, article nineteen, chapter twenty-nine of this code is exempt from the registration and bonding provisions of this article when making a telemarketing solicitation.
WV Code § 46A-6F-202 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-202. Inapplicability of Article to Licensed Securities, Commodities, or Investment Broker, Dealer, or Investment Adviser

The provisions of this article do not apply to any licensed securities, commodities, or investment broker, dealer, or investment adviser, when soliciting within the scope of his license. As used in this section, ?licensed securities, commodities, or investment broker, dealer, or investment adviser" means a person who is licensed or registered as such by the securities and exchange commission, by the national association of securities dealers or some other self-regulatory organization as defined by the Securities Exchange Act of 1934 (15 U.S.C. §781), or by an official or agency of this state or of any state of the United States.
WV Code § 46A-6F-203 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-203. Inapplicability of Article to Licensed Associated Person of a Securities, Commodities, or Investment Broker, Dealer, or Investment Adviser

The provisions of this article do not apply to any licensed associated person of a securities, commodities, or investment broker, dealer, or investment adviser, when soliciting within the scope of his license. As used in this section, ?licensed associated person of a securities, commodities, or investment broker, dealer, or investment adviser" means any associated person registered or licensed by the national association of securities dealers or other self-regulatory organization as defined by the Securities Exchange Act of 1934 (15 U.S.C. §781) or by an official or agency of this state or of any state of the United States.
WV Code § 46A-6F-204 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-204. Inapplicability of Article to Person Who Does Not Make the Major Sales Presentation

The provisions of this article do not apply to a person who does not make the major sales presentation during the telephone solicitation and who does not intend to, and does not actually, complete or obtain provisional acceptance of a sale during the telephone solicitation, but who makes the major sales presentation and completes the sale at a later face-to-face meeting between the seller and the prospective consumer in accordance with the home solicitation provisions in this chapter and as a home solicitation sale as defined by section one hundred two, article one of this chapter. However, if a seller, in violation of subdivision (4), subsection (a), section five hundred one of this article, causes an individual to go to the prospective consumer for the primary purpose of collecting payment or delivering any item purchased, this exemption does not apply.
WV Code § 46A-6F-205 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-205. Inapplicability of Article to Person Who Solicits Sales by Catalog

The provisions of this article do not apply to a person who solicits sales by periodically publishing and delivering a catalog of a seller's merchandise to prospective purchasers, if the catalog:(1) Contains a written description or illustration of each item offered for sale;(2) Includes the business address or home address of the seller;(3) Includes at least twenty pages of written material and illustrations and is distributed in more than one state; and(4) Has an annual circulation, by mailing, of not less than one hundred fifty thousand catalogs.
WV Code § 46A-6F-206 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-206. Inapplicability of Article to Business-to-Business Sale

The provisions of this article do not apply to a business-to-business sale.
WV Code § 46A-6F-207 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-207. Inapplicability of Article to Person Who Solicits Contracts for the Maintenance or Repair of Goods

The provisions of this article do not apply to a person who solicits contracts for the maintenance or repair of goods previously purchased from the person making the solicitation or on whose behalf the solicitation is made.
WV Code § 46A-6F-208 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-208. Inapplicability of Article to Person Soliciting a Transaction Regulated by the Commodity Futures Trading Commission

The provisions of this article do not apply to a person soliciting a transaction regulated by the federal commodity futures trading commission if the person is registered or temporarily licensed for this activity with the commodity futures trading commission under the Commodity Exchange Act (7 U.S.C. §1 et seq.) and the registration or license has not expired or been suspended or revoked.
WV Code § 46A-6F-209 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-209. Inapplicability of Article to Supervised Financial Organization

The provisions of this article do not apply to any supervised financial organization or an affiliate or subsidiary thereof or regulated consumer lender subject to regulation by the commissioner of banking or a federal agency charged with regulating such supervised financial organizations or regulated consumer lenders when acting within the scope of the supervised or regulated activity. As used in this section, the terms ?supervised financial organization" and ?regulated consumer lender" shall have the same meanings as ascribed to them in section one hundred two, article one of this chapter.
WV Code § 46A-6F-210 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-210. Inapplicability of Article to Licensed Insurance Broker, Agent, Customer Representative, or Solicitor

The provisions of this article do not apply to any licensed insurance broker, agent, customer representative, or solicitor when soliciting within the scope of his or her license. As used in this section, ?licensed insurance broker, agent, customer representative, or solicitor" means any insurance broker, agent, customer representative, or solicitor licensed by an official or agency of this state pursuant to subsection (a), section one, article twelve, chapter thirty-three of this code, or of any state of the United States.
WV Code § 46A-6F-211 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-211. Inapplicability of Article to Person Soliciting the Sale of Services Provided by a Cable Television System

The provisions of this article do not apply to a person soliciting the sale of services provided by a cable television system operating under authority of a franchise or permit, or to a person soliciting the sale of subscriber television services or advertising.
WV Code § 46A-6F-212 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-212. Inapplicability of Article to Certain Telephone and Communications Companies

The provisions of this article do not apply to any of the following entities to the extent that its acts or practices are subject to the jurisdiction or regulation of the West Virginia Public Service Commission or the federal communications commission:(1) A telephone company, or any affiliate or agent of a telephone company; or(2) Any provider of commercial mobile service, as defined by the Communications Act of 1934, as amended by the Telecommunications Act of 1966 (47 U.S.C. §151, et seq.).
WV Code § 46A-6F-213 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-213. Inapplicability of Article to Persons Maintaining Continuing Business Locations for Sales of Consumer Goods or Services

The provisions of this article do not apply to a person who offers to sell consumer goods or services through telemarketing activities if the person maintains a permanent business location under the same exact name as that used in connection with the telemarketing sales, and both of the following activities occur on a continuing basis:(1) The identical consumer goods or services offered for sale by the person through telemarketing activities are offered for sale at the person's business location; and(2) More than fifty percent of all of the consumer goods or services offered for sale by the person are provided to consumers at the person's business location rather than through telemarketing sales.
WV Code § 46A-6F-214 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-214. Inapplicability of Article to Issuer of Certain Securities

The provisions of this article do not apply to an issuer or a subsidiary of an issuer that has a class of securities which is subject to §12 of the Securities Exchange Act of 1934 (15 U.S.C. §781) and which is either registered or exempt from registration under paragraphs (A), (B), (C), (E), (F), (G), or (H) of subsection (g)(2) of that section.
WV Code § 46A-6F-215 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-215. Inapplicability of Article to Book, Video, Record, or Multimedia Club

The provisions of this article do not apply to a book, video, record, or multimedia club or contractual plan or arrangement:(1) Under which the seller provides the consumer with a form which the consumer may use to instruct the seller not to ship the offered merchandise;(2) That is regulated by the federal trade commission trade regulation concerning use of negative option plans by sellers in commerce; or(3) That provides for the sale of books, records, videos, multimedia products or other goods that are not covered under subdivision (1) or (2) of this section, including continuity plans, subscription arrangements, standing order arrangements, single sales of items offered for sale one time, supplements, and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive such merchandise on a periodic basis.
WV Code § 46A-6F-216 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-216. Inapplicability of Article to Registered Developer or a Real Estate Salesperson or Broker

The provisions of this article do not apply to a person who is licensed as a real estate broker, associate broker, or real estate salesperson, in accordance with the provisions of article twelve, chapter forty-seven of this code, when such person is acting within the scope of their license.
WV Code § 46A-6F-217 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-217. Inapplicability of Article to Person Soliciting the Sale of Electric or Natural Gas Energy or Related Goods or Services

The provisions of this article do not apply to a person soliciting on behalf of an entity that sells electric or natural gas energy, or an affiliate of such an entity, if the solicitation is for the sale of electric or natural gas energy or related goods and services, and the transaction is governed and regulated by the Public Service Commission or the federal energy regulatory commission.
WV Code § 46A-6F-218 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-218. Inapplicability of Article to Person Soliciting the Sale of a Magazine or Newspaper

The provisions of this article do not apply to a person primarily soliciting the sale of a single magazine subscription or subscription to a newspaper of general circulation or the sale of advertisements therein.
WV Code § 46A-6F-219 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-219. Inapplicability of Article to Certain Telemarketers Based on Continuous Sales and Gross Sales for Exempt Persons

The provisions of this article do not apply to any telemarketer, in good standing, who has been providing telemarketing sales services continuously for at least two years under the same name and ownership and which derives fifty percent of its gross telemarketing sales revenues from contracts with persons exempted from this part: Provided, That telemarketers under this exemption must register, without bond, with the secretary of tax and revenue to establish eligibility for this exemption.
WV Code § 46A-6F-220 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-220. Inapplicability of Article to the Annual Sale of Less Than One Hundred Dollars for Food Stuffs and Edibles

The provisions of this article do not apply to a person soliciting the sale of food stuffs and edibles, except vitamins, if the solicitations neither intends to result in, or actually results in a sale or sales which costs the consumer in excess of $100 annually to a single address: Provided, That such sales are not solicited by professional telemarketers.