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Introduced Version - Originating in Committee Senate Bill 272 History

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sb272 org
Senate Bill No. 272

(By Senators Kessler, Oliverio, Chafin, Foster, Green, Hunter, Jenkins, Minard, Stollings, Wells, Barnes, Deem, Hall, McKenzie and Yoder)

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[Originating in the Committee on the Judiciary;

reported January 18, 2008.]

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A BILL to amend and reenact §46A-6F-113 of the Code of West Virginia, 1931, as amended, relating to definition of "telemarketing solicitation".

Be it enacted by the Legislature of West Virginia:
That §46A-6F-113 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6F. TELEMARKETING.
§46A-6F-113. Telemarketer.
(a) "Telemarketer" means any person who initiates or receives telephone calls to or from a consumer in this state for the purpose of making a telemarketing solicitation as defined in section one hundred thirteen twelve of this article.
(b) A telemarketer may initiate or receive a communication that constitutes a telemarketing solicitation on his own behalf, through a salesperson or through an automated dialing machine.
(c) A telemarketer does not include any of the persons or entities exempted pursuant to part II of this article.
(d) A telemarketer does not include a salesperson as defined in section one hundred fourteen of this article.
(e) A telemarketer includes, but is not limited to, owners, operators, officers, directors, partners or other individuals engaged in the management activities of a business entity that is subject to licensing and registration pursuant to this article.
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(NOTE: The purpose of this bill is to correct an inaccurate statutory reference in §46A-6F-113. The section references the term "telemarketing solicitation" and states that the definition is set forth in §46A-6F-113 rather than §46A-6F-112, where the term is actually defined.

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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