West Virginia Telemarketing and Cold Calling Laws
In West Virginia, sales calls are allowed 8 a.m.–9 p.m., the National Do Not Call Registry applies, and recording a call needs one party’s consent.
West Virginia rules next to federal law
| Rule | West Virginia | Federal baseline |
|---|---|---|
| Calling hours | Telemarketing to a person's residence is allowed only between 8 a.m. and 9 p.m. local time at the called person's location, Monday through Sunday.W. Va. Code § 46A-6F-601(a)(4) | Telephone solicitations only between 8 a.m. and 9 p.m. in the called person’s local time.47 C.F.R. § 64.1200(c)(1) |
| Call frequency | No numeric limit; it is an abusive practice to engage any person repeatedly or continuously in a way a reasonable person would find annoying, abusive or harassing.W. Va. Code § 46A-6F-601(a)(2) | No general federal equivalent |
| State do-not-call list | Relies on the National Do Not Call Registry; West Virginia keeps no state list. State law separately makes it abusive to call a person who previously asked not to be called by or for that telemarketer, with a safe harbor for written procedures, training, a maintained list and good-faith error.W. Va. Code § 46A-6F-601(a)(3), (b) | No telephone solicitations to residential or wireless numbers on the National Do Not Call Registry, subject to the rule’s exemptions such as an established business relationship.47 C.F.R. § 64.1200(c)(2) |
| Caller ID | Transmitting misleading or inaccurate caller ID, circumventing caller ID, or otherwise misrepresenting the origin and nature of a solicitation is an unfair or deceptive practice; carriers that only deliver the call are excluded.W. Va. Code § 46A-6F-501(9) | Telemarketers must transmit caller ID with a number that can be called back during business hours.47 C.F.R. § 64.1601(e) |
| Telemarketer registration | Telemarketers (unless exempt under §§ 46A-6F-201 to -220, which include B2B sales) must register with the Department of Tax and Revenue at least 60 days before offering consumer goods or services, renew annually, and post a surety bond (or letter of credit, CD, cash or government bond) of $100,000 per telemarketing location or $500,000 for all locations.W. Va. Code §§ 46A-6F-301, 46A-6F-302 | No general federal equivalent |
| Call recording consent | A party to a call, or a person with one party's prior consent, may record it unless the purpose is a criminal or tortious act.W. Va. Code § 62-1D-3(e) | Federal law allows recording when one party to the call consents.18 U.S.C. § 2511(2)(d) |
| Business-to-business calls | The whole Telemarketing article (registration, bonding, hours and do-not-call-request rules) does not apply to a business-to-business sale. It also covers only consumer goods or services (personal, family, household or agricultural use, investment opportunities, and real-property-related items).W. Va. Code §§ 46A-6F-206, 46A-6F-104 | No general federal equivalent |
Recent changes
- 2018: HB 4150 added the caller-ID spoofing prohibition in § 46A-6F-501(9); no amendments to Article 6F in effect for 2021 to 2026 were found.
Calling West Virginia from a sales team
- Schedule call blocks in the prospect’s local time, not the rep’s.
- Check numbers against the National Do Not Call Registry before each campaign, and honor opt-outs right away.
- If a call may cross into an all-party state, announce the recording anyway.
Trellus dials from the CRM list your reps already work, with each call logged back to the record. See the power and parallel dialer.
West Virginia calling questions
What are the legal calling hours in West Virginia?
Telemarketing to a person's residence is allowed only between 8 a.m. and 9 p.m. local time at the called person's location, Monday through Sunday. (W. Va. Code § 46A-6F-601(a)(4)). Federal law also limits telephone solicitations to 8 a.m. to 9 p.m. local time.
Does West Virginia have its own do-not-call list?
Relies on the National Do Not Call Registry; West Virginia keeps no state list. State law separately makes it abusive to call a person who previously asked not to be called by or for that telemarketer, with a safe harbor for written procedures, training, a maintained list and good-faith error. (W. Va. Code § 46A-6F-601(a)(3), (b))
Is West Virginia a one-party or all-party consent state for recording calls?
A party to a call, or a person with one party's prior consent, may record it unless the purpose is a criminal or tortious act. (W. Va. Code § 62-1D-3(e))
Do West Virginia telemarketing rules apply to business-to-business calls?
The whole Telemarketing article (registration, bonding, hours and do-not-call-request rules) does not apply to a business-to-business sale. It also covers only consumer goods or services (personal, family, household or agricultural use, investment opportunities, and real-property-related items). (W. Va. Code §§ 46A-6F-206, 46A-6F-104)
Do telemarketers need to register in West Virginia?
Telemarketers (unless exempt under §§ 46A-6F-201 to -220, which include B2B sales) must register with the Department of Tax and Revenue at least 60 days before offering consumer goods or services, renew annually, and post a surety bond (or letter of credit, CD, cash or government bond) of $100,000 per telemarketing location or $500,000 for all locations. (W. Va. Code §§ 46A-6F-301, 46A-6F-302)
This page summarizes West Virginia and federal rules for general information. It is not legal advice, rules change, and exemptions depend on the facts of your calls. Read the cited sources or ask counsel before relying on it.