West Virginia Code
Article 6F. Telemarketing
§46A-6F-402. Accepting Returns or Canceling Services

(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

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