HB 4909
Relating to consumer protection from fraudulent telephone solicitation
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, known as the Telephone Consumer Protection Act, aims to protect West Virginia residents from fraudulent telephone solicitations. It defines key terms, establishes rules about obtaining consent for calls, prohibits deceptive practices like spoofing and making calls outside of reasonable hours, and requires telecommunications providers to implement anti-spoofing technology. Violations can result in civil and criminal penalties, including restitution for victims and license revocation for businesses.
Key provisions
- Defines terms such as ‘called party,’ ‘telephone solicitation,’ and ‘robocall.’
- Requires prior express written consent for automated telephone solicitations.
- Prohibits practices like blocking caller identification information and making calls outside of permitted hours.
- Mandates telecommunications providers to implement anti-spoofing technology (STIR/SHAKEN).
- Establishes civil and criminal penalties for violations, including fines and license revocation.
- Requires restitution to victims of fraudulent calls, with an enhanced amount.
- Directs restitution proceeds to local fire and emergency medical services.
- Provides enforcement authority to the Attorney General and other authorized officials.
Who is affected
- West Virginia residents
- Telecommunications providers
- Businesses engaging in telephone solicitations
- Nonprofit organizations (with specific exemptions)
- Charitable organizations
Sponsors
Official sponsors from legislative records.
Primary sponsor
B. Smith
Cosponsors
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