The proposed bill aims to enhance consumer protection against fraudulent telephone solicitations in West Virginia by introducing the Telephone Consumer Protection Act. It defines key terms related to telephone solicitations, such as "called party," "caller identification service," and "telephone solicitation," while establishing exclusions for certain types of communications, including isolated transactions and charitable solicitations. The bill prohibits deceptive practices in telephone solicitations, such as using automated systems or prerecorded messages without prior express written consent from the called party, and mandates that telecommunications providers implement anti-spoofing technology to prevent fraudulent calls.
Additionally, the bill outlines civil and criminal penalties for violators, including fines and potential jail time for individuals who knowingly initiate spoofed calls with intent to defraud. It specifies that telecommunications providers failing to comply with anti-spoofing requirements may face civil penalties and restitution obligations, with proceeds directed to local fire and emergency medical services. The legislation also grants enforcement authority to the Attorney General and other officials to pursue penalties and license revocations against violators, thereby reinforcing consumer protections in the telecommunications sector.
Statutes affected: Introduced Version: 46A-6O-1, 46A-6O-2, 46A-6O-3, 46A-6O-4, 46A-6O-5