West Virginia 2024 Regular Session

West Virginia Senate Bill SB500

Introduced
1/22/24  

Caption

Telephone Consumer Protection Act

Impact

The enactment of SB500 will significantly alter existing state laws regarding telephone solicitation by mandating stricter compliance protocols for businesses. Specifically, it will make it illegal to conduct telephone solicitations without the prior written consent of the consumer, which reflects a growing concern about privacy and unwanted marketing communications. Violators of this legislation could face penalties, which positions West Virginia among states actively working to safeguard consumers from aggressive telemarketing practices.

Summary

Senate Bill 500, known as the Telephone Consumer Protection Act, aims to amend the Code of West Virginia to establish specific definitions and prohibitions related to telephone solicitation. This legislation seeks to create a framework for regulating how businesses can engage with consumers via telephone, particularly focusing on the requirement of obtaining prior express written consent from the called party before making solicitations. It defines various terms related to telephone solicitation and specifies the conditions under which such communications can occur, enhancing consumer privacy and protection against unwanted calls.

Sentiment

The overall sentiment regarding SB500 appears to be positive among consumer advocates and those in favor of enhanced privacy laws. This legislation is seen as a necessary step towards curbing harassment by unwanted telephone solicitations, which many consumers find intrusive. However, there may be dissent among businesses and marketers who could view these regulations as overly restrictive and potentially detrimental to their operations, leading to a polarized debate about the balance between consumer protection and business interests.

Contention

Notable points of contention surrounding SB500 include the implications for legitimate businesses that rely on telephone marketing as a part of their customer outreach strategies. Critics may argue that the requirement of prior written consent could hinder their ability to communicate effectively with potential clients. Additionally, there could be concerns about the enforcement of these regulations and how they might affect small businesses compared to larger companies that have more resources to navigate the compliance landscape.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3453

Consumer Data Protection Act

WV SB134

Protecting consumers against businesses using automatic renewals without consent

WV HB2237

Relating to consumer protection of new manufactured home warranties

WV HB3498

Relating to the Consumer Data Protection Act and establishing a framework for controlling and processing personal data in the State

WV HB3480

Enact the West Virginia Consumer Financial Privacy Act of 2023

WV HB2949

Relating to disclosure of information by online marketplaces to inform consumers

WV HB2218

Distracted Driving Act

WV HB3421

Recodifying the code to eliminate conflicts

WV HB2822

Relating to the consumers sales and service tax and returning the refundable exemption for sales of construction and maintenance materials acquired by a second party for use in Division of Highways projects

WV HB3437

Consumer Energy Affordability and Reliability Act

Similar Bills

VA SB1339

Virginia Telephone Privacy Protection Act; telephone solicitations by text message, effective date.

CA AB1231

Telecommunications: combining lifeline, federal lifeline, and federal Affordable Connectivity Program subsidies.

NC H936

Robocall Solicitation Modifications

CA SB716

Lifeline program: broadband internet access service.

CA AB1588

Telecommunications: duties of local exchange carriers.

CA AB2808

Primary ticket sellers.

CA AB2885

False campaign speech and online platform disclosures.

CA SB1272

Crimes: intercepting telephone communications.