W. Va. Code § 46A-6F-304
§ 46A-6F-304. Record keeping requirements
(a)
A telemarketer shall keep for a period of four years from the date the record is produced the following
records related to its telemarketing activities:
(1)
One of each advertisement, brochure and other promotional materials;
(2)
The name and last known address of each prize recipient and the prize awarded for prizes that are
represented, directly or by implication, to have a value of twenty-five dollars or more;
(3)
The name and last known address of each customer, the goods or services purchased, the date such goods
or services were shipped or provided, and the amount paid by the customer for the goods or services;
(4)
The name, last known home address and telephone number, and the job title for all current and former
employees directly involved in telephone sales;
(5)
All verifiable authorizations required to be provided or received under this article; and
(6)
A copy of all scripts, outlines or presentation material the seller will require the telemarketer to
use when soliciting, as well as all sales information to be provided by the seller to a purchaser in
connection with any solicitation.
(b)
A seller or telemarketer may keep the records required by subsection (a) of this section in any form, and
in any manner, format, or place as they keep such records in the ordinary course of business. Failure to keep
all records required by subsection (a) of this section shall be a violation of this article.
(c)
The telemarketer is responsible for complying with the above provisions.
(d)
In the event of any dissolution or termination of the seller's or telemarketer's business, the principal
of that telemarketer shall maintain all records as required under this section. In the event of any sale,
assignment or other change in ownership of the seller's business, the successor shall maintain all records
required under this section.
(e)
(1)
The division may require a telemarketer to file true copies of all scripts, outlines and promotional
material and any modifications thereto with the division of consumer protection for a time period to be
determined by the division. Such filing may be required upon an investigation and finding by the division
that:
(A)
A telemarketer is using scripts, outlines or presentation material that contain material
misrepresentations or that fail to state material facts; or
(B)
A telemarketer is deviating from scripts, outlines or presentation material so as to make material
misrepresentations or to fail to state material facts.
(2)
The attorney general shall comply with the requirements of article five [§§ 29A-5-1 et seq.], chapter
twenty-nine-a of this code for hearings requested pursuant to part III [§§ 46A-6F-301 through 46A-6F-304].
