§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 […]
§46A-6F-302. Security Requirement
(a) An application for registration or renewal shall be accompanied by a continuing surety bond executed by a corporation that is licensed to transact the business of fidelity and surety insurance in the State of West Virginia. The bond must be approved by the Department of Tax and Revenue before a certificate of registration is […]
§46A-6F-303. Failure to Register or Meet Security Requirement; Remedies
(a) Any person is subject to a civil administrative penalty, to be levied by the Department of Tax and Revenue, of not more than $5,000 if the person: (1) Acts as a telemarketer without first registering pursuant to section three hundred one of this article;
§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;
§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;
§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: […]
§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), […]