West Virginia HB4909: Relating to consumer protection from fraudulent telephone solicitation

What the bill says

To amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §46A-6O-1, §46A-6O-2, §46A-6O-3, §46A-6O-4, and §46A-6O-5, relating to consumer protection from fraudulent telephone solicitations; defining terms; establishing exclusions; prohibiting deceptive and abusive telephone solicitation practices; requiring telecommunications providers to implement anti-spoofing technology; establishing civil and criminal penalties; providing for restitution; revoking business licenses for violators; directing penalty proceeds to local fire and emergency medical services.

From the introduced text, January 29, 2026:

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §46A-6O-1, §46A-6O-2, §46A-6O-3, §46A-6O-4, and §46A-6O-5, relating to consumer protection from fraudulent telephone solicitations; defining terms; establishing exclusions; prohibiting deceptive and abusive telephone solicitation practices; requiring telecommunications providers to implement anti-spoofing technology; establishing civil and criminal penalties; providing for restitution; revoking business licenses for violators; directing penalty proceeds to local fire and emergency medical services; and providing enforcement authority. article 6o. TELEPHONE CONSUMER PROTECTION ACT. §46A-6O-1. Definitions. For purposes of this article: "Called party" means a person who is a regular user of a telephone number that receives a telephone solicitation, regardless of whether the person is the account holder. "Caller identification service" means a service that allows a telephone subscriber to have the telephone number and, where available, the name of the calling party transmitted simultaneously with the telephone call and displayed on a device connected to the subscriber's telephone. "Prior express written consent" means a written agreement (2) Clearly authorizes the placement of a telephone solicitation using an automated system, prerecorded message, artificial voice, voicemail, or text message; and (3) Is not required, directly or indirectly, as a condition of purchasing any goods or services. "Telephone solicitation" means an organized activity, program, or campaign to communicate by telephone with residents …

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