West Virginia Phone Recording Laws: One-Party Consent

Is West Virginia a one-party or two-party consent state?

The state's wiretapping act answers this directly, and it's one-party. West Virginia isn't a two-party state.

W. Va. Code § 62-1D-3(e) says: "It is lawful under this article for a person to intercept a wire, oral or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception".

A party is a person on the call or in the conversation. Intercept is the law's word, and it covers recording.

The next words take that away if the purpose is to commit a crime or to wrong someone in a way they could sue over. Phone calls and in-person talks use the same language.

A parent can't consent for a child to record the other parent at home, West Virginia's top court held (Department of Health and Human Resources ex rel. Wright v. David L.). In that case, a husband had a third person put a voice-activated recorder in his wife's house, and the tapes couldn't be used.

A Charleston insurance call, and a hidden break room microphone

• Fine: You're in Charleston and you record your own call with an insurance agent, so you have a record of what was covered.
• Not fine: You hide a microphone in a break room to catch private talks you aren't in, and no one in those talks agreed.

Penalties for illegal recording in West Virginia

	What the law says
The crime	Felony under § 62-1D-3(b)
Prison	Up to 5 years in the penitentiary
Fine	Up to $10,000, or both prison and a fine
Who can sue	A person whose communication was intercepted, disclosed or used, or whose identity was disclosed, under § 62-1D-12
Damages	At least $100 for each day of violation. More if your actual damages come to more
Punitive damages	"if found to be proper"
Fees	Reasonable attorney fees and costs of litigation

West Virginia court cases

If you run a business, don't hide microphones where staff and guests talk. One owner who did faced a $500,000 verdict.

Bowyer v. Hi-Lad, Inc. (2004): $500,000. The owner of a Comfort Inn in Charleston hid microphones at the front desk, lobby and bar. They picked up employees and guests, including people on telephones and guests reciting credit card information.

A jury gave a front desk clerk $100,000 in compensatory damages and $400,000 in punitive damages. The state's top court upheld the verdict and the punitive award.

Don't use or share a recording you know was made illegally.

Can a business record your call in West Virginia?

Yes. West Virginia's one-party rule doesn't make a company announce it's recording its own calls.

If you run a business: Announce the recording at the start of the call, because the law where the other person is may require consent. Don't rely on "this call may be recorded". Say "we record" instead, because it's a clearer warning.

The Bowyer case above isn't about a call center recording its own customer calls. The hidden microphones picked up talks among employees and guests, and the award went to one employee.

If you're the customer: If you hear that notice and keep talking, federal law may treat that as consent. A federal appeals court looked for proof the person "knowingly agreed" (Griggs-Ryan v. Smith). That wasn't a customer call, so don't treat it as a rule for one.

What if the other person is in another state?

Living in a one-party state doesn't settle it when the other person is somewhere stricter. California is the usual example. Its Penal Code § 632 calls for everyone's consent, and Kearney v. Salomon Smith Barney applied California law to brokers working from Georgia.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule.

Running a call center or sales team in West Virginia?

Our advice: announce the recording at the very start of every call, inbound and outbound. West Virginia's own rule may not require it, but the law where the other person is may require consent, and this covers them without working out where each one is.

1. Ask first. "We record our calls for quality and coaching. Is that okay with you?"
2. Using AI or other software? Say that too. "We record our calls and use software to review them. Is that okay with you?"
3. Start recording after they say yes. Then say "This call is being recorded, and you said that's okay" so it's on the recording. Some states want consent first, and others look for the notice on the recording, so this is a sensible default for both.
4. If someone says no, don't record. Deleting the recording when someone says no limits the harm, but it may not undo the problem.
5. Check your phone system. If it records from the moment a call connects, change that setting first.

Using a vendor or AI coaching tool? Whether a separate company counts as someone on the call isn't settled, so mention the software in the script. Our checklist for phone teams has the details.

How to protect yourself from phone fraud in West Virginia

People in West Virginia filed 8,767 fraud reports with the FTC in 2024 and reported about $27.0 million lost, with a median loss of $341. These are reports people filed, and the FTC doesn't verify them. They cover all fraud, not only phone calls.

Can I record a scammer in West Virginia?

A person on the call can generally record it in West Virginia, unless the recording is meant to commit a crime or wrong someone. If the caller is in a stricter state, that state's rule may apply too.

What can a crook do with a recording of my voice?

The FCC warned in 2017 about callers who record your "yes" as a "voice signature", so hang up if someone asks "Can you hear me?" If you already answered, check your statements for unauthorized charges.

The FTC warned in 2023 that scammers can clone a relative's voice to ask for money, so call that person back on a number you know.

A voice alone doesn't tell a scammer your account details, so don't give those out on a call you didn't start.

Where to report it

Report fraud at ReportFraud.ftc.gov and to the Consumer Protection Division, Office of the West Virginia Attorney General, 1-800-368-8808. Our phone safety guide covers how to spot a scam and what to do if you paid.

If you think someone recorded you illegally, talk to a lawyer in your state. The federal deadline to sue is two years after you first had a reasonable chance to discover it.

Your credit card number on a recorded call in West Virginia

CallTutor's analysis of 1,907 calls from West Virginia area codes, August through October 2026, found a credit card number read out loud on 19.6% of them, compared with 21.1% across all states in our data. These are calls to companies that take payments by phone, so that isn't every call in West Virginia. Here's how we counted.

Before you read your credit card number out loud, ask if the call is recorded and if the number stays in the recording. If the agent doesn't know, ask to pay another way, like a secure link or a website.

If you think your number got out, check your statements and call your bank. For unauthorized charges, federal law caps what you owe at $50.

If your team takes payments by phone, CallTutor takes credit card numbers out of Zendesk Talk and Aircall recordings and transcripts minutes after hangup. See it on a real call.

West Virginia recording law FAQ

Is West Virginia a one-party consent state?

Yes. West Virginia lets a person on the call record it, or someone with one person's prior consent, unless the purpose is a crime or a wrong someone could sue over.

Is West Virginia a two-party consent state?

No. West Virginia's wiretapping act needs only one person's prior consent, for calls and in-person talks.

In West Virginia, can someone record me without telling me?

Yes, if they're on the call or someone on it agreed first. Someone outside the talk with no consent risks a felony and a civil suit.

Can my employer secretly record me in West Virginia?

Hidden microphones can bring real liability. A West Virginia jury awarded a hotel clerk $500,000 over them, and the state's top court upheld it.

Can a parent record a child's calls with the other parent in West Virginia?

Probably not. West Virginia's top court held a husband couldn't consent for the children to recordings placed in his wife's house.

Recording laws in nearby states

• Kentucky phone recording laws (one-party)
• Maryland phone recording laws (two-party)
• Ohio phone recording laws (one-party)
• Pennsylvania phone recording laws (two-party)

See all one-party consent states, or every state in our call recording laws by state guide.

This is general information, not legal advice. Laws change. We last checked these sources on November 2, 2026. If you have a legal question about a recording, talk to a lawyer in your state.