(1) Makes a representation that he will recover all or any portion of the consideration that a consumer has paid to a telemarketer in response to a telemarketing solicitation;
(2) Does not intend to make such recovery or has no reasonable expectation to anticipate that recovery will be made; and
(3) Receives any remuneration from the consumer before a recovery of consideration is made.
(b) Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional center not less than one year nor more than ten years, or fined not more than five thousand dollars and confined in a state correctional center not less than one year nor more than ten years.
Note: WV Code updated with legislation passed through the 2012 1st Special Session