West Virginia Code § 46A-6F-112

Telemarketing solicitation
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(a) ?Telemarketing solicitation" means and includes any communication between a
telemarketer and a prospective purchaser for the purpose of selling or attempting to sell the
purchaser any consumer goods or services, if it is intended by the telemarketer that an
agreement to purchase the consumer goods or services will be made after any of the
following events occur: e
(1) The telemarketer makes an unsolicited telephone call to a consumer, attempting to sell
consumer goods or services to the consumer, when the consumer has not previously
expressed an interest to the telemarketer in purchasing, investinug in, or obtaining
information regarding, the consumer goods or services offered by the telemarketer; or
(2) The telemarketer communicates with a consumer by any means and invites or directs the
consumer to respond by any means to the telemarketer's communications, and the
telemarketer intends to enter into an agreement with the consumer for the purchase of
consumer goods or services at some time during thle course of one or more subsequent
telephone communications with the consumers.
(b) For purposes of this article, ?communiciation" means a written or oral notification or
advertisement transmitted from a teglemarketer to a consumer by any means.

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