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Committee Substitute House Bill 4257 History

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Key: Green = existing Code. Red = new code to be enacted

COMMITTEE SUBSTITUTE

for

H. B. 4257

 

          (By Mr. Speaker, (Mr. Miley) and Delegate Armstead)

         [By Request of the Executive]

         (Originating in the Committee on the Judiciary)

[February 14, 2014]

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-19b, relating to providing criminal penalties for the dissemination of false information through automated telephone calls during a declared state of emergency; establishing criminal liability for a principal or employer who directs an agent or employee; establishing that a violation with the intent to sell a product or service is an unfair method of competition and unfair or deceptive act or practice under the consumer credit and protection act; and providing an exception to the pre-suit notice and cure requirement for an alleged unfair method of competition and unfair or deceptive act or practice.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-5-19b, to read as follows:

ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.

§15-5-19b. Criminal penalties for using automated telephone calls to disseminate false information during a state of emergency; and authorizing civil remedies.

    (a) Any person, firm, corporation or association, or their agents or employees who,

    (1) During a proclamation made pursuant to section six of this article;

    (2) Knowingly and willfully disseminate information known to be false;

    (3) That relates to the emergency that is the subject of the proclamation;

    (4) To citizens affected by the emergency;

    (5) Using an automated telephone call or calling device, including but not limited to technology designed to disseminate a previously recorded message or “robocall,”

is guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail for not more than one year and fined an amount not to exceed $5,000.

    (b) A principal or employer who directs an agent or employee to act in violation of subsection (a) is guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail for not more than one year and fined an amount not to exceed $5,000.

    (c) A violation of subsection (a) with the intent to sell a product or service, shall be deemed an “unfair method of competition and unfair or deceptive act or practice” as that phrase is defined by section one hundred two, article six, chapter forty-six-A of this code and an action authorized by section one hundred six, article six, chapter forty-six-A of this code, may be brought without having first complied with subsection (b), section one hundred six, article six, chapter forty-six-A of this code.

    (d) For purposes of this section, the dissemination of one false message to multiple citizens is one violation, regardless of the number of calls actually placed or answered in that particular instance.

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