The provisions of this article do not apply to a book, video, record, or multimedia club or contractual plan or arrangement:(1) Under which the seller provides the consumer with a form which the consumer may use to instruct the seller not to ship the offered merchandise;(2) That is regulated by the federal trade commission trade regulation concerning use of negative option plans by sellers in commerce; or(3) That provides for the sale of books, records, videos, multimedia products or other goods that are not covered under subdivision (1) or (2) of this section, including continuity plans, subscription arrangements, standing order arrangements, single sales of items offered for sale one time, supplements, and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive such merchandise on a periodic basis.
West Virginia Legal Code