H. B. 2428
(By Delegate Talbott)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, be
amended by adding thereto a new section, designated
§47-11A-5a, relating to prohibiting out-of-state persons or
business entities from soliciting business by written
advertisement in this state by appearing to be a local or
in-state person or business, unless the advertisement shows
where the person or business entity is located.
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 §47-11A-5a, to read as
follows:
ARTICLE 11A. UNFAIR TRADE PRACTICES.
§47-11A-5a.
Out-of-state persons or businesses restricted from
appearing to be local or in-state in written
advertisements.
An out-of-state person or business entity that does not have
a physical office in this state may not solicit business by written
advertisement in this state by acting or appearing to be a local or
in-state person or business entity, unless the written
advertisement shows where the out-of-state person or business
entity is located.
NOTE: The purpose of this bill is to
prohibit out-of-state
persons or business entities from soliciting business by written
advertisement in this state by appearing to be a local or in-state
person or business, unless the advertisement shows where the person
or business entity is located. This is to prevent out-of-state
businesses from advertising locally with 800 numbers to solicit
customers and then contracting with a local company at a reduced
rate to provide a service without paying sales tax.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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