West Virginia call recording law
Is West Virginia a one-party consent state?
One-party consent
Yes. West Virginia is a one-party consent state. It is lawful for a person to record a call they are a party to, or one where a party has given prior consent, unless the call is recorded to commit a criminal or tortious act (W. Va. Code § 62-1D-3).
Last checked October 13, 2026 · 12 quoted facts from official pages
West Virginia at a glance
- Phone calls
- One-party consent
- In-person conversations
- The same rule (see below)
- Criminal penalty
- Unlawful interception is a felony punishable by up to five years in the penitentiary, a fine of up to $10,000, or both.
- Lawsuits
- A person whose communication was unlawfully intercepted, disclosed or used may recover actual damages of not less than $100 for each day of violation, punitive damages if found proper, and reasonable attorney fees and litigation costs.
- Last checked
- October 13, 2026
The law
Penalties
- Criminal
- Unlawful interception is a felony punishable by up to five years in the penitentiary, a fine of up to $10,000, or both.
- Civil (lawsuits)
- A person whose communication was unlawfully intercepted, disclosed or used may recover actual damages of not less than $100 for each day of violation, punitive damages if found proper, and reasonable attorney fees and litigation costs.
In-person conversations
In-person (“oral”) communications are protected only when the speaker shows an expectation that they are not being intercepted, under circumstances justifying that expectation (§ 62-1D-2).
What this means for a business that records calls
Providers of wire or electronic communication services may not use service observing or random monitoring except for mechanical or service quality control checks (§ 62-1D-3).
Callers can be in any state. The state-by-state table compares every state's rule, and the disclosure generator writes a plain notice sentence such as “This call may be recorded.” Whether a notice is enough under West Virginia's law is a question for a lawyer licensed in West Virginia.
Recording notices on CallFlux numbers
CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.
What the official sources say
Intentionally intercepting a wire, oral or electronic communication is unlawful unless an exception applies.
“it is unlawful for any person to ... Intentionally intercept, attempt to intercept or procure any other person to intercept”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
Interception is lawful when the person intercepting is a party to the communication...
“It is lawful under this article for a person to intercept a wire, oral or electronic communication where the person is a party”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
...or when one party has given prior consent.
“or where one of the parties to the communication has given prior consent to the interception”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
The exception does not apply when the purpose is a criminal or tortious act.
“unless the communication is intercepted for the purpose of committing any criminal or tortious act”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
A violation is a felony with up to five years' imprisonment...
“is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary for not more than five years”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
...or a fine up to $10,000, or both.
“or fined not more than $10,000 or both fined and imprisoned.”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
Communication service providers may use service observing or random monitoring only for quality control checks.
“Providers of wire or electronic communication services may not utilize service observing or random monitoring except for mechanical or service quality control checks.”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
An in-person ('oral') communication is protected only where the speaker has a justified expectation it is not being intercepted.
“any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
Show 4 more facts
A person whose communication was unlawfully intercepted has a civil cause of action.
“shall have a civil cause of action against any person who so intercepts, discloses, or uses”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
Civil damages floor: $100 per day of violation.
“Actual damages, but not less than $100 for each day of violation;”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
Punitive damages are available.
“Punitive damages, if found to be proper; and”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
Attorney fees and litigation costs are recoverable.
“Reasonable attorney fees and reasonable costs of litigation incurred.”
Source: code.wvlegislature.gov (official source, opens in a new tab) · read October 13, 2026
West Virginia call recording questions
Is West Virginia a one-party consent state?
Yes. West Virginia is a one-party consent state. It is lawful for a person to record a call they are a party to, or one where a party has given prior consent, unless the call is recorded to commit a criminal or tortious act (W. Va. Code § 62-1D-3).
What is the penalty for recording a call illegally in West Virginia?
Unlawful interception is a felony punishable by up to five years in the penitentiary, a fine of up to $10,000, or both.
What does West Virginia's law say about lawsuits over recorded calls?
A person whose communication was unlawfully intercepted, disclosed or used may recover actual damages of not less than $100 for each day of violation, punitive damages if found proper, and reasonable attorney fees and litigation costs.
Does West Virginia use the same rule for in-person conversations?
In-person (“oral”) communications are protected only when the speaker shows an expectation that they are not being intercepted, under circumstances justifying that expectation (§ 62-1D-2).
What do West Virginia's sources say about businesses that record calls?
Providers of wire or electronic communication services may not use service observing or random monitoring except for mechanical or service quality control checks (§ 62-1D-3).