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Introduced Version House Bill 2945 History

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hb2945 intr
H. B. 2945


(By Delegates Tabb, Wysong, Doyle, Amores,

Webster, Duke and Trump)

[Introduced March 9, 2005 ; referred to the

Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to prohibiting solicitors who leave empty containers requesting water samples from state residents from doing so without contemporaneously attaching or affixing with the container unambiguous documentation identifying the name of their company, the address and telephone number of its principal place of business, the geographical location of its main theater of operations, its correct corporate name, if applicable, the state wherein it is incorporated, if applicable, a clear description of any prospective product or service it seeks to solicit for sale, the cost or costs involved to obtain the product or service, and a clear statement that the person being solicited is not obligated to accept or purchase the product or service; providing a civil penalty; and providing that persons who violate the prohibition have engaged in an unfair method of competition and unfair or deceptive act or practice as defined in the article.

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 §46A-6-111, to read as follows:

ARTICLE 6. GENERAL CONSUMER PROTECTION.
§46A-6-111. Solicitation of water samples by persons or private entities seeking profit.

(a) No person or other private entity may:

(1) Solicit water samples in this state;
(2) With the purpose or design of offering for sale any product or service represented as capable of improving water quality, without, contemporaneously with the solicitation, providing unambiguous information in written or printed form, identifying the name of the company making the solicitation, the address and telephone number of its principal place of business, the geographical location of its main theater of operations, its correct corporate name, if applicable, the state wherein it is incorporated, if applicable, a clear description of any product or service it seeks to solicit for sale, the cost or costs involved to obtain the product or service, and a clear statement that the person or persons being solicited have no obligation to accept or purchase the product or service.

(b) If a person or private entity has violated the provisions of subsection (a) of this section, the person or persons being solicited have a cause of action to recover from the person or private entity soliciting a civil penalty of two hundred dollars for each violation.
(c) Any person or private entity violating the provisions of subsection (a)of this section, may be considered as having engaged in an unfair method of competition and unfair or deceptive act or practice as defined under subdivisions two and three, subsection (f), section one hundred two of this article, and as such, may be subject to any applicable penalty or remedy provided in this chapter in addition to the civil penalty provided in subsection (b) of this section.



NOTE: The purpose of this bill is to prohibit solicitors who leave empty containers requesting water samples from state residents, from doing so without contemporaneously attaching or affixing with the container unambiguous documentation identifying the name of their company, the address and telephone number of its principal place of business, the geographical location of its main theater of operations, its correct corporate name, if applicable, the state wherein it is incorporated, if applicable, a clear description of any prospective product or service it seeks to solicit for sale, the cost or costs involved to obtain the product or service, and a clear statement that the person being solicited is not obligated to accept or purchase the product or service. The bill also provides a civil penalty while providing that persons who violate the prohibition have engaged in an unfair method of competition and unfair or deceptive act or practice
as defined in the article.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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