Is West Virginia a one-party consent state?

§ 62-1D-3(a) makes it unlawful to intentionally intercept a wire, oral or electronic communication. Under § 62-1D-3(e), a person may record a call they are a party to, or one where a party has given prior consent, unless the recording is made to commit a criminal or tortious act.

West Virginia is a one-party consent state, so the penalty applies to recording a call you are not a party to when no party has consented, or recording to commit a criminal or tortious act (§ 62-1D-3(e)). That interception is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both (§ 62-1D-3(b)). The person recorded can sue for actual damages but not less than $100 for each day of violation, plus punitive damages and attorney fees (§ 62-1D-12).

Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.

Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.

West Virginia treats telemarketing to a person's home outside 8 a.m. to 9 p.m. local time as an abusive practice, along with calling someone who has said they do not want calls from that telemarketer (§ 46A-6F-601(a)).

Unless an exemption in Part II of the article applies, a telemarketer must register with the Department of Tax and Revenue at least 60 days before selling and renew every year (§ 46A-6F-301). On a sales call, the telemarketer must promptly disclose who it is, that the purpose is to sell, and what it is selling (§ 46A-6F-401(a)).