Senate Bill No. 670
(By Senator Bowman, Plymale, Edgell, Hunter, Mitchell, McKenzie,
Fanning, Unger, Snyder, Minard, Sharpe, Facemyer, Minear and
Anderson)
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[Introduced February 18, 2002; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section six hundred one, article six-f,
chapter forty-six-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to prohibiting
telemarketing solicitations on New Year's day, Easter Sunday,
Memorial day, Independence day, Labor day, Veteran's day,
Thanksgiving, Christmas eve and Christmas day.
Be it enacted by the Legislature of West Virginia:
That section six hundred one, article six-f, chapter
forty-six-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 6F. TELEMARKETING.
PART VI. ABUSIVE ACTS OR PRACTICES; PENALTIES.
§46A-6F-601. Abusive acts or practices.
(a) It is an abusive telemarketing act or practice and a
violation of this article for any telemarketer to engage in the
following conduct:
(1) Threaten, intimidate or use profane or obscene language;
(2) Engage any person repeatedly or continuously with behavior
a reasonable person would
deem consider to be annoying, abusive or
harassing;
(3) Initiate an outbound telephone call to a person when that
person previously has stated that he or she does not wish to
receive an outbound telephone call made by or on behalf of the
telemarketer whose goods or services are being offered;
(4) Engage in telemarketing to a person's residence
on New
Year's day, Easter Sunday, Memorial day, Independence day, Labor
day, Veteran's day, Thanksgiving day, Christmas eve and Christmas
day or at any time other than between eight a.m. and nine p.m.
local time, Monday through Sunday, at the called person's location;
or
(5) Engage in any other conduct which would be considered
abusive to any reasonable consumer.
(b) A telemarketer will not be liable for violating
subdivision (3), subsection (a) of this section if:
(1) It has established and implemented written procedures to
avoid outbound telephone calls to persons who have previously stated that they do not wish to receive such calls;
(2) It has trained its personnel in the procedures established
pursuant to subdivision (1) of this subsection;
(3) The telemarketer has maintained and recorded lists of
persons who have previously stated that they do not wish to receive
such calls; and
(4) Any subsequent call is the result of error.
NOTE: The purpose of this bill is to prohibit telemarketing
on
New Year's day, Easter Sunday, Memorial day, Independence day,
Labor day, Veteran's day, Thanksgiving, Christmas eve and Christmas
day.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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