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:
(1) The identical consumer goods or services offered for sale by the person through telemarketing activities are offered for sale at the person's business location; and
(2) More than fifty percent of all of the consumer goods or services offered for sale by the person are provided to consumers at the person's business location rather than through telemarketing sales.
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