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2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6C. Credit Services Organizations › §46A-6C-2. Credit Services Organization

(a) A credit services organization is a person who, with respect to the extension of credit by others and in return for the payment of money or other valuable consideration, provides, or represents that the person can or will provide, any of the following services:
(1) Improving a buyer's credit record, history or rating;
(2) Obtaining an extension of credit for a buyer; or
(3) Providing advice or assistance to a buyer with regard to subdivision (1) or (2) of this subsection.
(b) The following are exempt from this article:
(1) A person authorized to make loans or extension of credit under the law of this state or the United States who is subject to regulation and supervision by this state or the United States, or a lender approved by the United States secretary of housing and urban development for participation in a mortgage insurance program under the National Housing Act (12 U. S. C. Section 1701, et seq.);
(2) A bank or savings and loan association whose deposit or accounts are eligible for insurance by the federal deposit insurance corporation or the federal savings and loan insurance corporation or a subsidiary of such a bank or savings and loan association;
(3) A credit union doing business in this state;
(4) A nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986;
(5) A person licensed as a real estate broker or salesman under the Real Estate Brokers License Act acting within the course and scope of that license;
(6) A person licensed to practice law in this state acting within the course and scope of the person's practice as an attorney;
(7) A broker-dealer registered with the securities and exchange commission or the commodity future trading commission acting within the course and scope of that regulation;
(8) A consumer reporting agency;
(9) A person whose primary business is making loans secured by liens on real property;
(10) A person whose primary business is the retail sale of automobiles and trucks: Provided, That the person is not extending credit for a buyer, excluding assignments; and
(11) A person licensed to practice public accounting in this state acting within the course and scope of the person's practice as an accountant.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6C. Credit Services Organizations › §46A-6C-3. Prohibited Conduct

A credit services organization, a salesperson, agency or representative of a credit services organization or an independent contractor who sells or attempts to sell the services of a credit services organization may not:
(1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services the credit services organization has agreed to perform for the buyer, unless the credit services organization has obtained in accordance with section four of this article a surety bond in the amount required by section four of this article issued by a surety company authorized to do business in this state or established and maintained a surety account at a federally insured bank or savings and loan association located in this state in which the amount required is held in trust as required by section four of this article;
(2) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public from other sources;
(3) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including:
(A) Guaranteeing to "erase bad credit" or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete; and
(B) Guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit.
(4) Engage, directly or indirectly, in an unfair or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization;
(5) Make, or advise a buyer to make a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading, to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit;
(6) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State, unless otherwise provided by this chapter.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6C. Credit Services Organizations › §46A-6C-4. Bond; Surety Account

(a) This section applies to a credit services organization required by section three of this article to obtain a surety bond or establish a surety account.
(b) If a bond is obtained, a copy of it shall be filed with the Secretary of State. If a surety account is established, notification of the depository, the trustee, and the account number shall be filed with the Secretary of State.
(c) The bond or surety account required must be in favor of the state of the benefit of any person who is damaged by any violation of this article. The bond or surety account must also be in favor of any person damaged by such a violation.
(d) Any person claiming against the bond or surety account for a violation of this article may maintain an action at law against the credit services organization and against the surety or trustee. The surety or trustee shall be liable only for damages awarded under section nine of this article and not the punitive damages permitted under that section. The aggregate liability of the surety or trustee to all persons damaged by a credit services organization's violation of this chapter may not exceed the amount of the surety account or bond.
(e) The bond or the surety account shall be in the amount of $15,000.
(f) A depository holding money in a surety account under this chapter may not convey money in the account to the credit services organization that established the account or a representative of the credit services organization unless the credit services organization or representative presents a statement issued by the Secretary of State indicating that section five of this article has been satisfied in relation to the account. The Secretary of State may conduct investigations and require submission of information as necessary to enforce this subsection.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6C. Credit Services Organizations › §46A-6C-5. Registration

(a) A credit services organization shall file a registration statement with the Secretary of State before conducting business in this state. The registration statement shall contain:
(1) The name and address of the credit services organization; and
(2) The name and address of any person who directly or indirectly owns or controls ten percent or more of the outstanding shares of stock in the credit services organization.
(b) The registration statement shall also contain either:
(1) A full and complete disclosure of any litigation or unresolved complaint filed with a governmental authority of this state relating to the operation of the credit services organization; or
(2) A notarized statement that states that there has been no litigation or unresolved complaint filed with a governmental authority of this state relating to the operation of the credit services organization.
(c) The credit services organization shall update the statement not later than the ninetieth day after the date on which a change in the information required in the statement occurs.
(d) Each credit services organization registering under this section shall maintain a copy of the registration statement in the files of the credit services organization. The credit services organization shall allow a buyer to inspect the registration statement on request.
(e) The Secretary of State may charge each credit services organization that files a registration statement with the Secretary of State a reasonable fee not to exceed $100 to cover the cost of filing. The Secretary of State may not require a credit services organization to provide information other than that provided in the registration statement. All fees and moneys collected by the Secretary of State pursuant to the provisions of this article shall be deposited by the Secretary of State as follows: One-half shall be deposited in the state fund, general revenue and one-half shall be deposited in the service fees and collections account established by section two, article one, chapter fifty-nine of this code for the operation of the office of the Secretary of State. The Secretary of State shall dedicate sufficient resources from that fund or other funds to provide the services required in this article.
(f) The bond or surety account shall be maintained until two years after the date that the credit services organization ceases operations.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6C. Credit Services Organizations › §46A-6C-6. Disclosure Statement

(a) Before executing a contract or agreement with a buyer or receiving money or other valuable consideration, a credit services organization shall provide the buyer with a statement in writing, containing:
(1) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total cost of the services;
(2) A statement explaining the buyer's right of proceed against the bond or surety account required by section three of this article;
(3) The name and address of the surety company that issued the bond, or the name and address of the depository and the trustee, and the account number of the surety account;
(4) A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting agency, as provided by the Fair Credit Reporting Act. (15 U.S.C. Sec. 1681 et seq.);
(5) A statement that the buyer's file is available for review at no charge on request made to the consumer reporting agency within thirty days after the date of receipt of notice that credit has been denied, and that the buyer's file is available for a minimal charge at any other time;
(6) A complete and accurate statement of the buyer's right to dispute directly with the consumer reporting agency the completeness or accuracy of any item contained in a file on the buyer maintained by that consumer reporting agency;
(7) A statement that accurate information cannot be permanently removed from the files of a consumer reporting agency;
(8) A complete and accurate statement of when consumer information becomes obsolete, and of when consumer reporting agencies are prevented from issuing reports containing obsolete information; and
(9) A complete and accurate statement of the availability of nonprofit credit counseling services.
(b) The credit services organization shall maintain on file, for a period of two years after the date the statement is provided, an exact copy of the statement, signed by the buyer, acknowledging receipt of the statement.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6C. Credit Services Organizations › §46A-6C-7. Form and Terms of Contract

(a) Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, dated, signed by the buyer, and must include:
(1) A statement in type that is boldfaced, capitalized, underlined, or otherwise set out from surrounding written materials so as to be conspicuous, in immediate proximity to the space reserved for the signature of the buyer, as follows: "You, the buyer, may cancel this contract at any time before midnight of the third day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right";
(2) The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to another person;
(3) A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated length of time, not to exceed one hundred eighty days, for performing the services; and
(4) The address of the credit services organization's principal place of business and the name and address of its agent in the state authorized to receive service or process.
(b) The contract must have attached two easily detachable copies of a notice of cancellation. The notice must be in boldfaced type and in the following form:
"Notice of Cancellation
You may cancel this contract, without any penalty or obligation, within three days after the date the contract is signed.
If you cancel, any payment made by you under this contract will be returned within ten days after the date of receipt by the seller of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice to:
(name of seller) at (address of seller) (place of business) not later than midnight (date)
I hereby cancel this transaction.
(date)
(purchaser's signature)"
(c) The credit services organization shall give to the buyer a copy of the completed contract and all other documents the credit services organization requires the buyer to sign at the time they are signed.
(d) The breach by a credit services organization of a contract under this article, or of any obligation arising from this article, is an unfair or deceptive act or practice.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6C. Credit Services Organizations › §46A-6C-9. Action for Damages

(a) A buyer injured by a violation of this article may bring any action for recovery of damages. The damages awarded may not be less than the amount paid by the buyer to the credit services organization, plus reasonable attorney's fees and court costs.
(b) The buyer may also be awarded punitive damages.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6D. Prizes and Gifts › §46A-6D-2. Definitions

As used in this article:
(a) "Anything of value", "item of value" or "item" means any item or service with monetary value.
(b) "Handling charge" means any charge, fee or sum of money which is paid by a consumer to receive a prize, gift or any item of value, including, but not limited to, promotional fees, redemption fees, registration fees or delivery costs.
(c) "Person" means any natural person, corporation, trust, partnership, association and any other legal entity.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6D. Prizes and Gifts › §46A-6D-3. Representation of Having Won a Prize, Gift or Any Item of Value

(a) Unless otherwise provided by article six of this chapter, a person may not, in connection with the sale or lease or solicitation for the sale or lease of goods, property or service, represent that another person has won anything of value or is the winner of a contest, unless all of the following conditions are met:
(1) The recipient of the prize, gift or item of value is given the prize, gift or item of value without obligation; and
(2) The prize, gift or item of value is delivered to the recipient at no expense to him or her, within ten days of the representation.
(b) The use of language that may lead a reasonable person to believe he or she has won a contest or anything of value, including, but not limited to, "Congratulations", or "You have won", or "You are the winner of", is a representation of the type governed by this section.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6D. Prizes and Gifts › §46A-6D-5. Representation of Being Specially Selected

(a) A person may not represent that another person has been specially selected in connection with the sale or lease or solicitation for sale or lease of goods, property or service, unless the selection process is designed to reach a particular type or types of persons.
(b) The use of any language that may lead a reasonable person to believe he has been specially selected, including, but not limited to, "Carefully Selected", or "You have been selected to receive", or "You have been chosen", is a representation of the type governed by this section.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6D. Prizes and Gifts › §46A-6D-6. Simulation of Checks and Invoices

In connection with a consumer transaction, no person may issue any writing which simulates or resembles:
(a) A check unless the writing clearly and conspicuously disclosed its true value and purpose, and the writing would not mislead a reasonable person; or
(b) An invoice unless the intended recipient of the invoice has actually contracted for goods, property or services for which the issuer seeks proper payment.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6D. Prizes and Gifts › §46A-6D-7. Conditions for Handling Charges and Shipping Charges

(a) It is unlawful to notify a person that he or she may or will receive a gift, prize or item of value and that as a condition of receiving the gift, prize or item of value he or she will be required to pay any money, or purchase or lease, including rent, any goods or services, if any one or more of the following conditions exist:
(1) The shipping charges exceeds:
(i) The cost of postage or the charge of a shipping service in the business of delivering goods of like size, weight and kind for shipping the gift, prize or item of value from the geographic area in which the gift, prize or item of value is being distributed; or
(ii) The exact amount for shipping paid to an independent fulfillment house or an independent supplier, either of which is in the business of shipping goods for shippers other than the offeror of the gift, prize or item of value.
(2) The handling charge exceeds the lesser of $5 or the actual cost of handling.
(b) This section applies to all offers of prizes, gifts or items of value covered by this article where such charges are permitted.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6D. Prizes and Gifts › §46A-6D-8. Action to Enforce the Provisions of Article

Any consumer who suffers loss by reason of a violation of any provision of this article may bring a civil action to enforce such provisions. Any consumer who is successful in an action shall recover reasonable attorney's fees and court costs incurred by bringing the action.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6D. Prizes and Gifts › §46A-6D-9. Enforcement; Penalties

Any violation of this article constitutes an unlawful act or practice under the provisions of article six of this chapter, regarding fraudulent acts or practices committed by a supplier in connection with a consumer transaction and shall be subject to the enforcement provisions of article seven of this chapter.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6D. Prizes and Gifts › §46A-6D-10. Exemptions

The provisions of sections four through seven of this article do not apply to the sale or purchase, or solicitation or representation in connection therewith, of goods from a catalog or of books, recordings, videocassettes, periodicals and similar goods through a membership group or club which is regulated by the federal trade commission trade regulation rule concerning use of negative option plans by sellers in commerce or through a contractual plan or arrangement such as a continuity plan, subscription arrangement or a single sale or purchase series arrangement under which the seller ships goods to a consumer who has consented in advance to receive such goods and the recipient of such goods is given the opportunity, after examination of the goods, to receive a full refund of charges for the goods, or unused portion thereof, upon return of the goods, or unused portion thereof, undamaged.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6E. Consumer Protection -- Assistive Devices › §46A-6E-2. Express Warranty Requirement; Express Warranty Duration; Implied Warranty

(a) A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty shall be not less than one year after first delivery of the assistive device to the consumer. In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer of an assistive device that, for a period of one year from the date of first delivery to the consumer, the assistive device will be free from any condition or defect which substantially impairs the value of the assistive device to the consumer.
(b) Notwithstanding any other provision of law to the contrary with respect to assistive devices subject to the provisions of this article, no manufacturer, assistive device dealer or assistive device lessor shall:
(1) Exclude, modify or otherwise attempt to limit any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose; or
(2) Exclude, modify or attempt to limit any remedy provided by law, including the measure of damages available, for a breach of warranty, express or implied.
Any such exclusion, modification or attempted limitation shall be void.
2023 West Virginia Code › Chapter 46A. West Virginia Consumer Credit and Protection Act › Article 6E. Consumer Protection -- Assistive Devices › §46A-6E-3. Warranty Remedies; Procedures for Obtaining Remedies

(a) Repair. -- If a new assistive device does not conform to an express or implied warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or a manufacturer's authorized assistive device dealer and makes the assistive device available for repair on or before one year after return delivery of the assistive device to a consumer, the nonconformity shall be repaired at no charge to the consumer.
(b) Return, refund, reimbursement, replacement. -- After a reasonable attempt to repair, if the nonconformity in an assistive device is not repaired, the consumer may request remedies within this section by offering to transfer possession of the assistive device to the manufacturer. No later than thirty days after the consumer's offer, the manufacturer shall provide to the consumer as many of the following remedies as are applicable and elected by the consumer, whereupon the consumer shall return to the manufacturer the assistive device and any endorsements necessary to transfer its possession to the manufacturer:
(1) Accept return of the assistive device;
(2) Replace the assistive device with a comparable new assistive device;
(3) Refund collateral costs to the consumer;
(4) Refund to the consumer and to any holder of a perfected security interest in the assistive device the full purchase price, plus any finance charge paid by the consumer, plus collateral costs, less a reasonable allowance for use; or
(5) Refund to the lessor and to any holder of a perfected security interest in the assistive device the current value of the written lease, and refund to the consumer the amount paid by the consumer pursuant to the written lease, plus collateral costs, less a reasonable allowance for use.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.