Legal Definitions - West Virginia

West Virginia has laws in place to protect consumers from unwanted commercial emails, telemarketing calls, and fax solicitations.

The Electronic Mail Protection Act (W. Va. Code §§ 46A-6G-1 et seq.) prohibits the sending of unsolicited commercial emails, also known as spam. This law requires that all commercial emails include a clear and conspicuous opt-out mechanism for recipients to unsubscribe from future emails.

A company sends an email to a West Virginia resident advertising their products. The email does not include an opt-out mechanism. This is a violation of the Electronic Mail Protection Act.

West Virginia has several laws in place to protect consumers from unwanted telemarketing calls and other telephonic solicitations. These laws require telemarketers to identify themselves and provide certain information to consumers, and they also provide consumers with the ability to opt-out of future calls.

A telemarketer calls a West Virginia resident and does not identify themselves or provide the required information. The resident asks to be added to the company's do-not-call list, but continues to receive calls. This is a violation of West Virginia's telemarketing and telephonic anti-solicitation laws.

West Virginia also has a law (W. Va. Code § 46A-2-139) that prohibits the sending of unsolicited fax advertisements. This law requires that all fax advertisements include a clear and conspicuous opt-out mechanism for recipients to unsubscribe from future faxes.

A company sends a fax advertisement to a West Virginia business without including an opt-out mechanism. This is a violation of West Virginia's fax anti-solicitation law.