(a) This article does not apply to acts done by the publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station in the publication or dissemination of an advertisement, when the owner, agent, or employee did not have knowledge of the false, misleading, or deceptive character of the advertisement, did not prepare the advertisement, and did not have a direct financial interest in the sale or distribution of the advertised goods or services.

Terms Used In West Virginia Code 46A-6-105

  • Advertisement: means the publication, dissemination or circulation of any matter, oral or written, including labeling, which tends to induce, directly or indirectly, any person to enter into any obligation, sign any contract or acquire any title or interest in any goods or services and includes every word device to disguise any form of business solicitation by using such terms as "renewal" "invoice" "bill" "statement" or "reminder" to create an impression of existing obligation when there is none or other language to mislead any person in relation to any sought-after commercial transaction. See West Virginia Code 46A-6-102
  • Sale: includes any sale, offer for sale or attempt to sell any goods for cash or credit or any services or offer for services for cash or credit. See West Virginia Code 46A-6-102

(b) This article does not apply to time, savings, or demand deposit accounts provided by a bank as defined in § 31A-1-2 of this code.