West Virginia Consent Requirements
What consent you need before calling or texting consumers in West Virginia
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in West Virginia for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Prior Express | No | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Prior Express | No | No | Valid |
| Ringless Voicemail | Written Consent Required | Required | No | Not Sufficient |
| MMS | Prior Express | No | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Manual cold calling is permitted in WV with telemarketer registration, federal DNC scrubbing, and calling hour compliance. No state DNC list — federal list only. Telemarketing fraud is a felony in WV. Consumer Credit and Protection Act provides private right of action for deceptive practices.
ATDS Definition
West Virginia does not define ATDS independently. Defaults to federal post-Duguid standard.
Exemptions
EBR, prior consent, licensed professionals exempt from registration.
Statute
W. Va. Code § 46A-6F-101 et seq.; 47 U.S.C. § 227
SMS
Notes
West Virginia has no state-specific SMS statute. Federal TCPA governs. The Consumer Credit and Protection Act could apply to deceptive text marketing practices.
ATDS Definition
No WV-specific ATDS definition for SMS. Federal TCPA post-Duguid standard applies.
Exemptions
EBR exemption may apply to transactional messages.
Statute
W. Va. Code § 46A-6F-301; 47 U.S.C. § 227
AI Voice
Notes
AI-generated voice calls treated as artificial/prerecorded under FCC February 2024 ruling. Prior express written consent required. WV has no specific AI voice law. Federal rules govern entirely.
ATDS Definition
No WV-specific AI voice regulation. Federal TCPA and FCC February 2024 declaratory ruling apply.
Statute
W. Va. Code § 46A-6F-301; 47 U.S.C. § 227; FCC Declaratory Ruling Feb 2024
Prerecorded
Notes
West Virginia requires prior consent for prerecorded solicitation messages. Telemarketing fraud involving prerecorded calls can be charged as a felony. Civil enforcement through Consumer Credit and Protection Act.
ATDS Definition
Prerecorded solicitation calls require prior consent under WV law. Must disconnect promptly when called party hangs up.
Exemptions
Prior consent and EBR provide exemptions.
Statute
W. Va. Code § 46A-6F-301; 47 U.S.C. § 227
Ringless Voicemail
Notes
Ringless voicemail not specifically addressed by WV law. FCC treats RVM as calls requiring prior express written consent for marketing. Federal TCPA governs.
ATDS Definition
No WV-specific regulation. FCC treats RVM drops as calls under the TCPA.
Statute
47 U.S.C. § 227; FCC rulings on ringless voicemail
MMS
Notes
MMS treated identically to SMS under federal TCPA. No separate WV state-level MMS statute.
ATDS Definition
No WV-specific MMS regulation. Federal TCPA applies same as SMS.
Exemptions
Same exemptions as SMS.
Statute
47 U.S.C. § 227
Fax
Notes
West Virginia has no state-level junk fax statute. Federal TCPA and Junk Fax Prevention Act govern.
ATDS Definition
Federal Junk Fax Prevention Act and TCPA apply. No WV-specific fax statute.
Exemptions
EBR provides exemption under federal law.
Statute
47 U.S.C. § 227(b)(1)(C); Junk Fax Prevention Act
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →