(a) It is unlawful to notify a person that he or she may or will receive a gift, prize or item of value and that as a condition of receiving the gift, prize or item of value he or she will be required to pay any money, or purchase or lease, including rent, any goods or services, if any one or more of the following conditions exist:
(1) The shipping charges exceeds:
(i) The cost of postage or the charge of a shipping service in the business of delivering goods of like size, weight and kind for shipping the gift, prize or item of value from the geographic area in which the gift, prize or item of value is being distributed; or
(ii) The exact amount for shipping paid to an independent fulfillment house or an independent supplier, either of which is in the business of shipping goods for shippers other than the offeror of the gift, prize or item of value.
(2) The handling charge exceeds the lesser of five dollars or the actual cost of handling.
(b) This section applies to all offers of prizes, gifts or items of value covered by this article where such charges are permitted.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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