(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.
Structure West Virginia Code
Chapter 46A. West Virginia Consumer Credit and Protection Act
§46A-6F-101. Applicability of Definitions
§46A-6F-103. Consumer; Purchaser
§46A-6F-104. Consumer Goods or Services
§46A-6F-107. Investment Opportunity
§46A-6F-108. Material Aspect or Element
§46A-6F-110. Prize, Gift or Award
§46A-6F-112. Telemarketing Solicitation
§46A-6F-114. Telemarketer in Good Standing
§46A-6F-204. Inapplicability of Article to Person Who Does Not Make the Major Sales Presentation
§46A-6F-205. Inapplicability of Article to Person Who Solicits Sales by Catalog
§46A-6F-206. Inapplicability of Article to Business-to-Business Sale
§46A-6F-209. Inapplicability of Article to Supervised Financial Organization
§46A-6F-212. Inapplicability of Article to Certain Telephone and Communications Companies
§46A-6F-214. Inapplicability of Article to Issuer of Certain Securities
§46A-6F-215. Inapplicability of Article to Book, Video, Record, or Multimedia Club
§46A-6F-218. Inapplicability of Article to Person Soliciting the Sale of a Magazine or Newspaper
§46A-6F-301. Registration of Telemarketers
§46A-6F-302. Security Requirement
§46A-6F-303. Failure to Register or Meet Security Requirement; Remedies
§46A-6F-304. Record Keeping Requirements
§46A-6F-401. Mandatory Disclosures
§46A-6F-402. Accepting Returns or Canceling Services
§46A-6F-501. Unfair or Deceptive Acts or Practices
§46A-6F-503. Operating a Criminal Recovery Service; Penalties
§46A-6F-601. Abusive Acts or Practices