The provisions of this article do not apply to a book, video, record, or multimedia club or contractual plan or arrangement:
(1) Under which the seller provides the consumer with a form which the consumer may use to instruct the seller not to ship the offered merchandise;
(2) That is regulated by the federal trade commission trade regulation concerning use of negative option plans by sellers in commerce; or
(3) That provides for the sale of books, records, videos, multimedia products or other goods that are not covered under subdivision (1) or (2) of this section, including continuity plans, subscription arrangements, standing order arrangements, single sales of items offered for sale one time, supplements, and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive such merchandise on a periodic basis.
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