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West Virginia

Telecom Compliance Reference — Updated 2025

TCPA Standard

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$500

Registration

Not Required

Overview Calling Hours Consent Registration DNC Enforcement Case Law Legislation

REI Wholesaling Telemarketing Compliance in West Virginia

Real estate investor cold calling and SMS compliance in West Virginia

Guide last reviewed: January 2025

West Virginia REI Wholesaling Overview

West Virginia is moderate-risk for REI cold calling. The key differentiator: telemarketing fraud is a felony with up to 10 years imprisonment — this is significantly harsher than most states. Registration with the Secretary of State is required. There is no state DNC list, so you only need to scrub the federal registry. Manual dialing after DNC scrubbing is the recommended approach. The Consumer Credit and Protection Act provides private right of action for deceptive practices with potential punitive damages.

Penalty/Violation

$500

Willful

$3,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

Compliance Checklist

✓Register with WV Secretary of State as a telemarketer before making any solicitation calls,Scrub all call lists against the federal National DNC Registry (WV has no separate state DNC list),Manual (human) dialing is permitted for cold calling with DNC compliance,Call only between 8:00 AM and 9:00 PM local time,Identify yourself, company, and purpose within 30 seconds,Disclose refund/cancellation policy before completing any sale,Prior express written consent before any ATDS or prerecorded calls to cell phones under federal TCPA,Existing business relationship exemption covers past sellers — manual calls recommended,Be aware: telemarketing fraud is a FELONY in WV — up to 10 years imprisonment,Consumer Credit and Protection Act provides private right of action for deceptive practices

What Gets Companies Sued

✗Common violations for REI wholesalers in WV: (1) Failing to register with Secretary of State; (2) Using autodialers or prerecorded messages without written consent; (3) Calling DNC-listed numbers; (4) Deceptive property valuation or offer representations — potential felony fraud charges; (5) Not disclosing cancellation/refund policy.

Special Exemptions

Licensed real estate agents may be exempt from registration under WV law for calls within licensed activity. Most REI wholesalers without licenses do NOT qualify. EBR exemption covers past sellers. No state DNC list — federal list only.

Key State Rules

Mini-TCPANo

RegistrationNot Required

Class ActionsNot specified

Consent Requirements→Registration Details→DNC List→

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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 →