reglab/housing_qa huggingface dataset:
WV Code § 46A-6F-301 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-301. Registration of Telemarketers

§46A-6F-301. Registration of telemarketers.(a) No person shall act as a telemarketer without first having registered with the secretary of the Department of Tax and Revenue.(b) The initial application for registration shall be made at least sixty days prior to offering consumer goods or services, or offering for sale consumer goods or services through any medium, and an application for renewal shall be made on an annual basis thereafter. The Department of Tax and Revenue shall charge reasonable application and renewal fees for administration of the registration requirements pursuant to this article. The application and renewal fees shall be established through the promulgation of a legislative rule pursuant to chapter twenty-nine-a of this code. The fees so collected shall be deposited into the State Treasury to the credit of the special revenue fund known as the ?telemarketer registration fund" pursuant to section three hundred four of this article.(c) The application for a certificate of registration or renewal shall include, but not be limited to, the following information:(1) The true name, mailing address, telephone number and physical address of the telemarketer, including each name under which the telemarketer intends to engage in telemarketing;(2) Each occupation or business that the telemarketer's principal owner has engaged in for two years immediately preceding the date of the application;(3) Whether any principal or manager has been convicted, or pled guilty to, or is being prosecuted by indictment for, racketeering, any violations of state or federal securities laws, a theft offense, or any consumer protection law or telemarketing law;(4) Whether there has been entered against any principal or manager an injunction, temporary restraining order or a final judgment in any civil or administrative action, involving fraud, theft, racketeering, embezzlement, fraudulent conversion, misappropriation of property, or any consumer protection law or telemarketing law, including any pending litigation against the applicant;(5) Whether the telemarketer, at any time during the previous seven years, has filed for bankruptcy, been adjudged bankrupt or been reorganized because of insolvency;(6) The true name, current home address, date of birth, social security number and all other names of the following:(A) Each person participating in or responsible for the management of the seller's business;(B) Each person, office manager, or supervisor principally responsible for the management of the seller's business.(7) The name, address and account number of every institution where banking or any other monetary transactions are done by the seller.
WV Code § 46A-6F-304 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-304. Record Keeping Requirements

(a) A telemarketer shall keep for a period of four years from the date the record is produced the following records related to its telemarketing activities:(1) One of each advertisement, brochure and other promotional materials;(2) The name and last known address of each prize recipient and the prize awarded for prizes that are represented, directly or by implication, to have a value of $25 or more;(3) The name and last known address of each customer, the goods or services purchased, the date such goods or services were shipped or provided, and the amount paid by the customer for the goods or services;(4) The name, last known home address and telephone number, and the job title for all current and former employees directly involved in telephone sales;(5) All verifiable authorizations required to be provided or received under this article; and(6) A copy of all scripts, outlines or presentation material the seller will require the telemarketer to use when soliciting, as well as all sales information to be provided by the seller to a purchaser in connection with any solicitation.(b) A seller or telemarketer may keep the records required by subsection (a) of this section in any form, and in any manner, format, or place as they keep such records in the ordinary course of business. Failure to keep all records required by subsection (a) of this section shall be a violation of this article.(c) The telemarketer is responsible for complying with the above provisions.(d) In the event of any dissolution or termination of the seller's or telemarketer's business, the principal of that telemarketer shall maintain all records as required under this section. In the event of any sale, assignment or other change in ownership of the seller's business, the successor shall maintain all records required under this section.(e) (1) The division may require a telemarketer to file true copies of all scripts, outlines and promotional material and any modifications thereto with the division of consumer protection for a time period to be determined by the division. Such filing may be required upon an investigation and finding by the division that:(A) A telemarketer is using scripts, outlines or presentation material that contain material misrepresentations or that fail to state material facts; or(B) A telemarketer is deviating from scripts, outlines or presentation material so as to make material misrepresentations or to fail to state material facts.(2) The Attorney General shall comply with the requirements of article five, chapter twenty-nine-a of this code for hearings requested pursuant to Part III.
WV Code § 46A-6F-401 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-401. Mandatory Disclosures

§46A-6F-401. Mandatory disclosures.(a) A telemarketer shall promptly disclose, in a clear and conspicuous manner, the following material information when making a telemarketing communication with a consumer:(1) The true identity of the telemarketer;(2) That the purpose of the call is to sell consumer goods or services; and(3) The nature of the goods or services offered for sale.(b) Before a consumer pays for the goods or services offered for sale, the telemarketer shall disclose, in a clear and conspicuous manner, the following material information:(1) The total costs to purchase, receive or use the consumer goods or services that are the subject of the telemarketing communication;(2) The quantity of the consumer goods or services that are the subject of the telemarketing solicitation;(3) All material restrictions, limitations or conditions to purchase, receive, or use the consumer goods or services that are the subject of the telemarketing solicitation;(4) All material aspects of the performance, quality, efficacy, nature or basic characteristics of the consumer goods or services that are the subject of the telemarketing solicitation;(5) All material aspects of the nature or terms of the telemarketer's refund, cancellation, exchange or repurchase policies;(6) All material aspects of a prize promotion, disclosed prior to requesting the consumer to enter into a sale or lease, including, but not limited to, the following:(A) A description of the prizes, gifts or awards offered or to be given to consumers participating in the prize promotion;(B) A statement of the true retail value of each prize, gift or award offered or to be given to participating consumers;(C) A clear identification of the person or entity on whose behalf the contest or promotion is conducted;(D) A description of all material conditions which a participant must satisfy;(E) A clear and unequivocal statement that the consumer is not required to make any purchase, lease or rental of consumer goods or services in order to qualify for any prize, gift or award or to otherwise participate in the prize promotion;(F) A clear and unequivocal statement that the consumer is not required to pay any handling or shipping costs or to make any other payment of any kind in order to win or receive a prize, gift or award or to otherwise participate in the prize promotion;(G) The actual numbers of the prizes, gifts or awards to be awarded;(H) The odds of receiving a prize, gift or award; and(I) A clear explanation of the no-purchase/no-payment method of participating in the prize promotion, with instructions on how to participate.(7) All material aspects of any investment opportunity being offered, including, but not limited to, a description of the following factors:(A) Risk;(B) Liquidity;(C) Earnings potential;(D) Profitability;(E) Benefits; and(F) If applicable, the value, price and location of any real or personal property that the consumer will acquire by investing.
WV Code § 46A-6F-402 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-402. Accepting Returns or Canceling Services

(a) Every telemarketer shall, at a minimum, have the following policy:(1) Accepting returns or canceling services for a period of not less than seven days after the date of delivery to the consumer and providing a cash refund for a cash purchase or issuing a credit for a credit purchase, which credit is applied to the account to which the purchase was debited in connection with the return of its unused and undamaged merchandise or canceled services. For purposes of this subsection, it will be presumed that goods were received seven days after they were mailed unless it can be clearly demonstrated that the goods were not received or received at a later date;(2) Disclosing the telemarketer's return and refund policy to the buyer, orally by telephone or in writing with advertising, promotional material, or with delivery of the products or service; and(3) Restoring such payment or issuing such credit, as required under subdivision (1) of this section, within thirty days after the date on which the telemarketer receives returned merchandise or notice of cancellation of services. A seller who discloses, in writing, that a sale is made or provided ?satisfaction guaranteed", with ?free inspection," ?no risk guarantee", or similar words or phrases, shall be deemed to meet the requirements of the review and return for refund policy set forth in this subparagraph.(b) Failure to comply with the provisions of this section is unfair or deceptive act or practice.
WV Code § 46A-6F-503 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-503. Operating a Criminal Recovery Service; Penalties

(a) A person is guilty of operating a criminal recovery service when the person:(1) Makes a representation that he will recover all or any portion of the consideration that a consumer has paid to a telemarketer in response to a telemarketing solicitation;(2) Does not intend to make such recovery or has no reasonable expectation to anticipate that recovery will be made; and(3) Receives any remuneration from the consumer before a recovery of consideration is made.(b) Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional center not less than one year nor more than ten years, or fined not more than $5,000 and confined in a state correctional center not less than one year nor more than ten years.
WV Code § 46A-6F-601 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-601. Abusive Acts or Practices

§46A-6F-601. Abusive acts or practices.(a) It is an abusive telemarketing act or practice and a violation of this article for any telemarketer to engage in the following conduct:(1) Threaten, intimidate or use profane or obscene language;(2) Engage any person repeatedly or continuously with behavior a reasonable person would deem to be annoying, abusive or harassing;(3) Initiate an outbound telephone call to a person when that person previously has stated that he or she does not wish to receive an outbound telephone call made by or on behalf of the telemarketer whose goods or services are being offered;(4) Engage in telemarketing to a person's residence at any time other than between eight a.m. and nine p.m. local time, Monday through Sunday, at the called person's location; or(5) Engage in any other conduct which would be considered abusive to any reasonable consumer.(b) A telemarketer will not be liable for violating subdivision (3), subsection (a) of this section if:(1) It has established and implemented written procedures to avoid outbound telephone calls to persons who have previously stated that they do not wish to receive such calls;(2) It has trained its personnel in the procedures established pursuant to subdivision (1) of this subsection;(3) The telemarketer has maintained and recorded lists of persons who have previously stated that they do not wish to receive such calls; and(4) Any subsequent call is the result of error.
WV Code § 46A-6F-701 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-701. Civil Remedies

§46A-6F-701. Civil remedies.(a) If a telemarketer violates the provisions of section six hundred one of this article, the consumer has a cause of action to recover actual damages and, in addition, a right to recover from the violator a penalty in an amount, to be determined by the court, of not less than$100 nor more than $3,000. No action brought pursuant to the provisions of this subsection may be brought more than two years after the date upon which the violation occurred or the due date of the last scheduled payment of the agreement, whichever is later.(b) If a telemarketer violates the provisions of section six hundred one of this article, any sale or lease of consumer goods or services is void and the consumer is not obligated to pay either the principal or any finance charge. If the consumer has paid any part of the principal or of the finance charge, he or she has a right to recover the payment from the violator or from any assignee of the violator's rights who undertakes direct collection of payments or enforcement of rights arising from the debt.(c) Any consumer that suffers harm as a result of any abusive act or practice shall receive injunctive or declaratory relief.(d) The state, on behalf of its residents who have suffered a loss or harm as a result of a violation of this article, may seek injunctive or declaratory relief, actual damages, consumer restitution, civil penalties, forfeiture of bond, attachment of property, costs, attorney's fees and any other remedies available to the division under the provisions of this chapter or otherwise provided by law.(e) In any action brought under this article where damages are awarded to a consumer, the court may adjust the damages to account for inflation from July 1, 1998, to the time of the award of damages, in an amount determined by the application of data from the consumer price index. Consumer price index means the last consumer price index for all consumers published by the United States department of labor.
WV Code § 46A-6F-702 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-702. Remedies Not Exclusive

Nothing contained in this article shall be construed to adversely alter or affect a right or benefit accruing to a consumer or the state in accordance with other provisions of this chapter, or to limit any civil or criminal remedy otherwise provided for by law. In the case of provisions contained in this article that exempt a person from the requirements of this article or that otherwise limit the applicability of this article to a person, those provisions are exclusive to this article and shall not be construed to otherwise exempt a person or to limit the applicability of any other provisions of this code.
WV Code § 46A-6F-703 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6F. Telemarketing|§46A-6F-703. Service of Process on Certain Nonresidents

Any nonresident person, except a nonresident corporation authorized to do business in this state pursuant to the provisions of chapter thirty-one of this code, who directs telemarketing solicitations to persons residing in this state, shall be conclusively presumed to have appointed the Department of Tax and Revenue as his attorney-in-fact with authority to accept service of notice and process in any action or proceeding brought against him arising out of such consumer credit sale, consumer lease or consumer loan. A person shall be considered a nonresident hereunder if he is a nonresident at the time such service of notice and process is sought. No act of such person appointing the Department of Tax and Revenue shall be necessary. Immediately after being served with or accepting any such process or notice, of which process or notice two copies for each defendant shall be furnished the Department of Tax and Revenue with the original notice or process, together with the fee required by section two, article one, chapter fifty-nine of this code, the Department of Tax and Revenue shall file in his office a copy of such process or notice, with a note thereon endorsed of the time of service or acceptance, as the case may be, and transmit one copy of such process or notice by registered or certified mail, return receipt requested, to such person at his address, which address shall be stated in such process or notice: Provided, That such return receipt shall be signed by such person or an agent or employee of such person if a corporation, or the registered or certified mail so sent by said Department of Tax and Revenue is refused by the addressee and the registered or certified mail is returned to said Department of Tax and Revenue, or to his office, showing thereon the stamp of the U.S. postal service that delivery thereof has been refused, and such return receipt or registered or certified mail is appended to the original process or notice and filed therewith in the clerk's office of the court from which such process or notice was issued. But no process or notice shall be served on the Department of Tax and Revenue or accepted fewer than ten days before the return date thereof. The court may order such continuances as may be reasonable to afford each defendant opportunity to defend the action or proceeding.The provisions for service of process or notice herein are cumulative and nothing herein contained shall be construed as a bar to the plaintiff in any action from having process or notice in such action served in any other mode and manner provided by law.
WV Code § 46A-6G-1 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6G. Electronic Mail Protection Act|§46A-6G-1. Definitions

As used in this article:(1) "Bulk electronic mail message" means an electronic mail message sent in bulk to users of an interactive computer service who have not requested or solicited the message. Unauthorized for purposes of a bulk electronic mail message, means a bulk electronic mail message sent in quantity in contravention of the authorization granted by or in violation of the policies or contractual rights of the electronic mail service provider.(2) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.(3) "Initiate the transmission" means the action by the original sender of an electronic mail message, not the action by any intervening interactive computer service that may handle or retransmit the message.(4) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet.(5) "Internet domain name" means a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.(6) "Person" means any individual, corporation, partnership, association, limited liability company or any other form or business association.
WV Code § 46A-6G-2 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6G. Electronic Mail Protection Act|§46A-6G-2. Limitations on Unauthorized Electronic Mail

No person may initiate the transmission of an unauthorized electronic mail message with the intent to deceive and defraud, or a bulk electronic mail message from a computer located in the State of West Virginia or to an electronic mail address that the sender knows, or has reason to know, is held by a West Virginia resident that:(1) Uses a third party's Internet domain name without the permission of the third party, or otherwise misrepresents any information in identifying the point of origin or the transmission path of a commercial electronic mail message;(2) Contains false or misleading information in the subject line;(3) Does not clearly provide the date and time the message is sent, the identity of the person sending the message, and the return electronic mail address of that person; or(4) Contains "sexually explicit materials" which are defined as a visual depiction, in actual or simulated form, or an explicit description in a predominately sexual context, nudity, human genitalia, or any act of natural or unnatural sexual intercourse.
WV Code § 46A-6G-3 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6G. Electronic Mail Protection Act|§46A-6G-3. Interactive Computer Service Authority; Liability

(1) An interactive computer service may block the receipt or transmission through its service of any bulk electronic mail that it reasonably believes is, or will be, sent in violation of this article.(2) An interactive computer service may disconnect or terminate the service of any person that is in violation of this article.(3) No interactive computer service may be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any bulk electronic mail which it reasonably believes is, or will be, sent in violation of this article; nor will any interactive computer service be held liable for any action voluntarily taken in good faith to disconnect or terminate the service of any person that is in violation of this article.(4) No interactive computer service or public utility will be liable for merely transmitting a bulk electronic mail message on its network.
WV Code § 46A-6G-4 (2021)
2021 West Virginia Code|Chapter 46A. West Virginia Consumer Credit and Protection Act|Article 6G. Electronic Mail Protection Act|§46A-6G-4. Sale or Possession of Enabling Software Prohibited

No person may sell, give or otherwise distribute or possess with the intent to sell, give or distribute software that:(1) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information;(2) Has only a limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or(3) That is marketed by that person or another acting in concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.