This bill proposes the establishment of a new article in the West Virginia Code, titled the Telephone Consumer Protection Act, which aims to regulate telephone solicitations. It includes definitions for key terms such as "called party," "caller identification service," and "telephone solicitation." The bill outlines specific exclusions from the regulations, including isolated transactions, charitable solicitations, and business-to-business sales, among others.
Additionally, the bill sets forth prohibitions on telephone solicitations without prior express written consent from the called party, particularly those involving automated dialing systems or recorded messages. It also prohibits deceptive practices, such as failing to transmit the caller's identification or altering the caller's voice to conceal their identity. Violations of this article are classified as unfair or deceptive trade practices under the West Virginia Consumer Credit and Protection Act, subject to enforcement and penalties as outlined in existing law.
Statutes affected: Introduced Version: 46A-6O-1, 46A-6O-2, 46A-6O-3, 46A-6O-4