Senate Bill No. 272
(By Senators Kessler, Oliverio, Chafin, Foster, Green, Hunter,
Jenkins, Minard, Stollings, Wells, Barnes, Deem, Hall, McKenzie
and Yoder)
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[Originating in the Committee on the Judiciary;
reported January 18, 2008.]
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A BILL to amend and reenact §46A-6F-113 of the Code of West
Virginia, 1931, as amended, relating to definition of
"telemarketing solicitation".
Be it enacted by the Legislature of West Virginia:
That §46A-6F-113 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 6F. TELEMARKETING.
§46A-6F-113. Telemarketer.
(a) "Telemarketer" means any person who initiates or receives
telephone calls to or from a consumer in this state for the purpose
of making a telemarketing solicitation as defined in section one
hundred thirteen twelve of this article.
(b) A telemarketer may initiate or receive a communication
that constitutes a telemarketing solicitation on his own behalf, through a salesperson or through an automated dialing machine.
(c) A telemarketer does not include any of the persons or
entities exempted pursuant to part II of this article.
(d) A telemarketer does not include a salesperson as defined
in section one hundred fourteen of this article.
(e) A telemarketer includes, but is not limited to, owners,
operators, officers, directors, partners or other individuals
engaged in the management activities of a business entity that is
subject to licensing and registration pursuant to this article.
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(NOTE: The purpose of this bill is to correct an inaccurate
statutory reference in §46A-6F-113. The section references the
term "telemarketing solicitation" and states that the definition is
set forth in §46A-6F-113 rather than §46A-6F-112, where the term is
actually defined.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)