(a) Every telemarketer shall, at a minimum, have the following policy:
(1) Accepting returns or canceling services for a period of not less than seven days after the date of delivery to the consumer and providing a cash refund for a cash purchase or issuing a credit for a credit purchase, which credit is applied to the account to which the purchase was debited in connection with the return of its unused and undamaged merchandise or canceled services. For purposes of this subsection, it will be presumed that goods were received seven days after they were mailed unless it can be clearly demonstrated that the goods were not received or received at a later date;
(2) Disclosing the telemarketer's return and refund policy to the buyer, orally by telephone or in writing with advertising, promotional material, or with delivery of the products or service; and
(3) Restoring such payment or issuing such credit, as required under subdivision (1) of this section, within thirty days after the date on which the telemarketer receives returned merchandise or notice of cancellation of services. A seller who discloses, in writing, that a sale is made or provided ?satisfaction guaranteed", with ?free inspection," ?no risk guarantee", or similar words or phrases, shall be deemed to meet the requirements of the review and return for refund policy set forth in this subparagraph.
(b) Failure to comply with the provisions of this section is unfair or deceptive act or practice.
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