West Virginia Code
Article 6F. Telemarketing
§46A-6F-301. Registration of Telemarketers

§46A-6F-301. Registration of telemarketers.
(a) No person shall act as a telemarketer without first having registered with the secretary of the Department of Tax and Revenue.
(b) The initial application for registration shall be made at least sixty days prior to offering consumer goods or services, or offering for sale consumer goods or services through any medium, and an application for renewal shall be made on an annual basis thereafter. The Department of Tax and Revenue shall charge reasonable application and renewal fees for administration of the registration requirements pursuant to this article. The application and renewal fees shall be established through the promulgation of a legislative rule pursuant to chapter twenty-nine-a of this code. The fees so collected shall be deposited into the State Treasury to the credit of the special revenue fund known as the ?telemarketer registration fund" pursuant to section three hundred four of this article.
(c) The application for a certificate of registration or renewal shall include, but not be limited to, the following information:
(1) The true name, mailing address, telephone number and physical address of the telemarketer, including each name under which the telemarketer intends to engage in telemarketing;
(2) Each occupation or business that the telemarketer's principal owner has engaged in for two years immediately preceding the date of the application;
(3) Whether any principal or manager has been convicted, or pled guilty to, or is being prosecuted by indictment for, racketeering, any violations of state or federal securities laws, a theft offense, or any consumer protection law or telemarketing law;
(4) Whether there has been entered against any principal or manager an injunction, temporary restraining order or a final judgment in any civil or administrative action, involving fraud, theft, racketeering, embezzlement, fraudulent conversion, misappropriation of property, or any consumer protection law or telemarketing law, including any pending litigation against the applicant;
(5) Whether the telemarketer, at any time during the previous seven years, has filed for bankruptcy, been adjudged bankrupt or been reorganized because of insolvency;
(6) The true name, current home address, date of birth, social security number and all other names of the following:
(A) Each person participating in or responsible for the management of the seller's business;
(B) Each person, office manager, or supervisor principally responsible for the management of the seller's business.
(7) The name, address and account number of every institution where banking or any other monetary transactions are done by the seller.

Structure West Virginia Code

West Virginia Code

Chapter 46A. West Virginia Consumer Credit and Protection Act

Article 6F. Telemarketing

§46A-6F-101. Applicability of Definitions

§46A-6F-102. Chance Promotion

§46A-6F-103. Consumer; Purchaser

§46A-6F-104. Consumer Goods or Services

§46A-6F-105. Division

§46A-6F-106. Individual

§46A-6F-107. Investment Opportunity

§46A-6F-108. Material Aspect or Element

§46A-6F-109. Person

§46A-6F-110. Prize, Gift or Award

§46A-6F-111. Prize Promotion

§46A-6F-112. Telemarketing Solicitation

§46A-6F-113. Telemarketer

§46A-6F-114. Telemarketer in Good Standing

§46A-6F-201. Inapplicability of Registration and Bonding Provisions of This Article to Charitable Organizations

§46A-6F-202. Inapplicability of Article to Licensed Securities, Commodities, or Investment Broker, Dealer, or Investment Adviser

§46A-6F-203. Inapplicability of Article to Licensed Associated Person of a Securities, Commodities, or Investment Broker, Dealer, or Investment Adviser

§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-207. Inapplicability of Article to Person Who Solicits Contracts for the Maintenance or Repair of Goods

§46A-6F-208. Inapplicability of Article to Person Soliciting a Transaction Regulated by the Commodity Futures Trading Commission

§46A-6F-209. Inapplicability of Article to Supervised Financial Organization

§46A-6F-210. Inapplicability of Article to Licensed Insurance Broker, Agent, Customer Representative, or Solicitor

§46A-6F-211. Inapplicability of Article to Person Soliciting the Sale of Services Provided by a Cable Television System

§46A-6F-212. Inapplicability of Article to Certain Telephone and Communications Companies

§46A-6F-213. Inapplicability of Article to Persons Maintaining Continuing Business Locations for Sales of Consumer Goods or Services

§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-216. Inapplicability of Article to Registered Developer or a Real Estate Salesperson or Broker

§46A-6F-217. Inapplicability of Article to Person Soliciting the Sale of Electric or Natural Gas Energy or Related Goods or Services

§46A-6F-218. Inapplicability of Article to Person Soliciting the Sale of a Magazine or Newspaper

§46A-6F-219. Inapplicability of Article to Certain Telemarketers Based on Continuous Sales and Gross Sales for Exempt Persons

§46A-6F-220. Inapplicability of Article to the Annual Sale of Less Than One Hundred Dollars for Food Stuffs and Edibles

§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-502. Causes of Action Arising Out of Unfair or Deceptive Acts or Practices; Limitation of Actions

§46A-6F-503. Operating a Criminal Recovery Service; Penalties

§46A-6F-601. Abusive Acts or Practices

§46A-6F-701. Civil Remedies

§46A-6F-702. Remedies Not Exclusive

§46A-6F-703. Service of Process on Certain Nonresidents