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West Virginia enacts strict regulations on telephone solicitations and automated calls

February 18, 2025 | Introduced Bills, House Bills, 2025 Bills, West Virginia Legislation Bills, West Virginia


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West Virginia enacts strict regulations on telephone solicitations and automated calls
On February 18, 2025, the West Virginia State Legislature introduced House Bill 2356, aimed at regulating telephone solicitations to protect consumers from unwanted and potentially deceptive practices. The bill seeks to address growing concerns over intrusive telemarketing tactics, particularly those involving automated systems and misleading caller identification.

Key provisions of House Bill 2356 include strict prohibitions against making unsolicited calls using automated dialing systems or recorded messages without prior written consent from the recipient. Additionally, the bill mandates that solicitors must transmit their originating phone numbers and names to caller identification services, ensuring transparency in communications. The legislation also restricts the hours during which solicitations can be made, limiting calls to the hours between 8:00 AM and 8:00 PM in the recipient's time zone. Furthermore, it establishes a cap on the number of calls a solicitor can make to the same individual regarding the same issue, set at three calls within a 24-hour period.

The bill has sparked notable debates among lawmakers and stakeholders. Proponents argue that it is a necessary step to safeguard consumer rights and reduce harassment from telemarketers, while opponents express concerns about the potential impact on legitimate businesses that rely on telemarketing as a means of outreach. Amendments to the bill have been proposed to clarify exemptions for non-profit organizations soliciting donations, ensuring that they are not unduly burdened by the new regulations.

The implications of House Bill 2356 extend beyond consumer protection; it may also influence the operational strategies of telemarketing firms and non-profits in West Virginia. Experts suggest that while the bill could enhance consumer trust, it may also lead to a decline in telemarketing revenues for businesses that do not adapt to the new rules.

As the legislative process continues, the future of House Bill 2356 remains uncertain. Lawmakers will need to balance consumer protection with the interests of businesses, making adjustments as necessary to address the concerns raised during discussions. The bill's progress will be closely monitored by both consumer advocacy groups and the telemarketing industry, as its outcomes could set a precedent for similar legislation in other states.

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