The other amendment to Article 6 of the WVCCPA that was passed with this year’s West Virginia legislative session is HB 4150, related to telemarketing companies. The bill amends section 46A-6-501 of the WVCCPA, which prohibits certain unfair or deceptive acts or practices. The bills adds to the list of eight such prohibitions, a new provision, which makes it a violation of the WVCCPA:
To engage in transmission of misleading or inaccurate caller identification information, including, but not limited to, circumventing technology that allows the consumer to identify from what phone number, location or organization the call has originated from, or to otherwise misrepresent the origin and nature of the solicitation: Provided, That the provisions of this subsection do not apply to a communications service providers that deliver a communication originated by another person or entity.
HB 4150 is currently awaiting the Governor’s signature. It will be the first change to section 46A-6-501 of the WVCCPA in 20 years.