W. Va. Code R. § 142-13-7

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 142-13-7 - Unfair or Deceptive Acts or Practices

It shall be an unfair or deceptive act or practice for a health spa to:

7.1. Offer special sales or discounts unless such special sales or discounts are made in writing and are made available to all prospective members who have not previously been members of the health spa.

7.2. Make any misrepresentation to current members, prospective members or purchasers of membership contracts regarding:

7.2.1. Qualification of staff;

7.2.2. Availability, quality, or extent of facilities or services;

7.2.3. Results obtained through exercise, dieting, or weight control programs;

7.2.4. Membership rights; or

7.2.5. The period that a special offer or discount will be available.

7.3. Advertise that it is bonded by the state or that a letter of credit is held by the state.

7.4. Fail to register to do business in this state.

7.5. Fail to either post a surety bond or letter of credit as required by section 3 of this rule or comply with the provisions of section 3 which allows a health spa an alternative to posting a bond or letter of credit.

7.6. Fail to notify the attorney general's consumer protection division of the option the health spa chooses under section 3 of this rule.

7.7. Fail to deposit funds required to be escrowed under section 6 of this rule.

7.8. Withdraw funds deposited in an escrow account pursuant to section 6 of this rule before the health spa opens for business and provides all promised services to consumers who have purchased memberships.

W. Va. Code R. § 142-13-7