H. B. 4444
(By Delegates Yeager, Browning,
H. White, Kominar and Cann)
[Introduced February 7, 2002; referred to the
Committee on the Judiciary.]
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 changing the
hours for residence telemarketing from 9:00 a.m. to 5:00 p.m.
and placing the burden on telemarketers to demonstrate that
it had created procedures to avoid violating the ban on calls
to persons who have previously requested no calls be made.
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
act 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 at any
time other than between
eight nine a.m. and
nine five 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
it can
demonstrate that:
(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 shorten the hours for
residence phone calls from 8:00 a.m. to 9:00 p.m. to 9:00 a.m. to
5:00 p.m., and require, when a complaint occurs, that the
telemarketer must demonstrate it had provided procedures to avoid
violating the ban on making calls to persons who had previously
requested that they receive no calls.
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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