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Can I use customer data for marketing purposes without violating privacy laws in West Virginia? What are the requirements?

Use of Customer Data for Marketing Purposes in West Virginia

In West Virginia, the use of customer data for marketing purposes is regulated by the West Virginia Consumer Credit and Protection Act, specifically the Telemarketing Registration and Fraud Prevention Act [1.1][1.3][1.4].

Registration Requirements

Telemarketers must register with the Secretary of the Department of Tax and Revenue before offering consumer goods or services, or offering for sale consumer goods or services through any medium [1.4]. The initial application for registration must be made at least sixty days prior to offering consumer goods or services, and an application for renewal must be made on an annual basis thereafter [1.4]. The application for a certificate of registration or renewal must include, among other things, the true name, mailing address, telephone number, and physical address of the telemarketer, including each name under which the telemarketer intends to engage in telemarketing [1.4].

Record Keeping Requirements

Telemarketers are required to keep records related to their telemarketing activities for a period of four years from the date the record is produced [1.1]. The records that must be kept include 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 [1.1].

Mandatory Disclosures

Telemarketers are required to disclose certain material information when making a telemarketing communication with a consumer [1.7]. This includes the true identity of the telemarketer, that the purpose of the call is to sell consumer goods or services, and the nature of the goods or services offered for sale [1.7]. Before a consumer pays for the goods or services offered for sale, the telemarketer must disclose the total costs to purchase, receive or use the consumer goods or services that are the subject of the telemarketing communication, the quantity of the consumer goods or services that are the subject of the telemarketing solicitation, all material restrictions, limitations or conditions to purchase, receive, or use the consumer goods or services that are the subject of the telemarketing solicitation, all material aspects of the performance, quality, efficacy, nature or basic characteristics of the consumer goods or services that are the subject of the telemarketing solicitation, and all material aspects of the nature or terms of the telemarketer’s refund [1.7].

Conclusion

Based on the above information, telemarketers in West Virginia must comply with various requirements and regulations when using customer data for marketing purposes. Failure to comply with these requirements may result in violations of the Telemarketing Registration and Fraud Prevention Act and other relevant laws.

Source(s):
Jurisdiction

West Virginia