Bill > HB2356

This bill establishes the Telephone Consumer Protection Act in West Virginia, providing comprehensive regulations for telephone solicitations. The bill defines key terms such as "called party" (the person receiving a solicitation), "prior express written consent" (a signed agreement explicitly allowing solicitations), and "telephone solicitation" (organized communication aimed at selling goods, services, or conducting surveys). The legislation mandates that telephone solicitors obtain prior written consent before using automated dialing systems or playing recorded messages, and sets strict guidelines for caller identification, requiring solicitors to accurately transmit their telephone number and name. The bill also prohibits telephone solicitations during certain hours (between 8:00 PM and 8:00 AM), limits the number of calls to three per 24-hour period, and forbids intentionally altering caller voices or concealing caller identity. Certain types of solicitations are excluded from these regulations, including isolated transactions, charitable calls, business-to-business communications, and responses to customer inquiries. Violations of the act are considered unfair trade practices and are subject to enforcement under the West Virginia Consumer Credit and Protection Act, with a presumption that calls to any West Virginia area code are targeting state residents. The bill aims to protect consumers from intrusive, deceptive, or harassing telephone solicitations by establishing clear rules and potential penalties for non-compliance.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2356&year=2025&sessiontype=RS&btype=bill