West Virginia TCPA and telemarketing law
West Virginia has its own telemarketing statute with a private right of action.
| Statute | W. Va. Code §§ 46A-6F-101 to 46A-6F-703 | ↗ |
| Consent standard | No state-specific consent standard | ↗ |
| Stricter than federal | No | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $3,000 / violation | ↗ |
| Covers text messages | Not yet verified | |
| Cure period | Not yet verified |
West Virginia regulates telemarketing under Article 6F of its Consumer Credit and Protection Act, W. Va. Code §§ 46A-6F-101 to 46A-6F-703. Telemarketers must register with the Department of Tax and Revenue and post security, disclose who they are and that the call is a sales call, and may not transmit misleading caller ID. Calling a person who has said they do not want calls from that telemarketer, or calling a residence outside 8 a.m. to 9 p.m., is an abusive practice.
The article sets no consent requirement for calls. A consumer can sue for actual damages plus a court-set penalty of $100 to $3,000 for unfair, deceptive or abusive practices, within two years, and a sale made through such a violation is void. Registration failures carry a civil administrative penalty of up to $5,000.