West Virginia Telemarketing Fraud Laws

W. VA. CODE § 46A-6F-401 et seq.

Failing to make certain mandatory disclosures such as:

• True identity of the telemarketer
• The purpose of call (i.e. to sell goods or services)
• Details about the goods, services, or offer, such as the nature, cost, quantity, restrictions, quality, and refund or cancellation policy of the goods or services
• Material aspects of a prize promotion such as a description and retail value of the prize to be won, identification of the person holding the promotion, and the conditions that must be satisfied to win the prize
• If it is an investment opportunity, a description of the risk, liquidity, earnings potential, profitability, and benefits of the investment

Not accepting returns or canceling services for a refund during a period of at least 7 days after delivery of the goods or services

Performing an unfair or deceptive act or practice such as:

• Representing that registration as a West Virginia telemarketer means state or government agency approval
• Receiving or requesting payment to remove negative information from or improve one's credit history, record, or rating
• Obtaining or submitting a payment without authority
• Providing written confirmation regarding a transaction that has not been processed or paid

In addition to the above, there are also abusive telemarketing acts or practices which are prohibited including:

• Using threats, intimidation, or profane or obscene language
• Engaging in annoying, abusive, or harassing behavior
• Calling a person who previously requested no calls

In addition to prison time and fines, the court may issue an injunction to stop the fraudulent activity or award declaratory relief, actual damages or restitution. The court may also award costs and reasonable attorney's fees and file an attachment on a property in order to pay for damages, restitution, or other costs.

For unfair, deceptive, or abusive acts and transactions where money in excess of the sales agreement was collected, the consumer may seek recovery of actual damages or restitution in addition to a penalty of up to $3,000.