The provisions of this article do not apply to a person who does not make the major sales presentation during the telephone solicitation and who does not intend to, and does not actually, complete or obtain provisional acceptance of a sale during the telephone solicitation, but who makes the major sales presentation and completes the sale at a later face-to-face meeting between the seller and the prospective consumer in accordance with the home solicitation provisions in this chapter and as a home solicitation sale as defined by section one hundred two, article one of this chapter. However, if a seller, in violation of subdivision (4), subsection (a), section five hundred one of this article, causes an individual to go to the prospective consumer for the primary purpose of collecting payment or delivering any item purchased, this exemption does not apply.
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