§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;
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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.
§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
§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: […]