Senate Bill No. 272
(By Senators Kessler, Oliverio, Chafin, Foster, Green, Hunter, Jenkins,
Minard, Stollings, Wells, Barnes, Deem, Hall, McKenzie and Yoder)
[Passed March 4, 2008; in effect ninety days from passage.]
AN ACT to amend and reenact §46A-6F-113 of the Code of West
Virginia, 1931, as amended, relating to definition of
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.
(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 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.