State law guide · West Virginia
Unwanted calls and texts in West Virginia: what the rules say
West Virginia's telemarketing law prohibits certain abusive sales calls, including repeated harassing conduct, calls after a consumer asks that the seller stop calling, and calls to a residence outside 8 a.m.–9 p.m. local time. These opt-out and hours provisions are written specifically for outbound telephone calls.
Where the rules draw a line
The article defines telemarketing solicitation broadly enough to involve some communications by other means, but the specific stop-contact and calling-hour duties in § 46A-6F-601 are call-focused. The reviewed text does not clearly establish that those duties apply to a stand-alone SMS message.
What this can mean for a consumer
For a qualifying violation of § 46A-6F-601, a consumer may seek actual damages and a court-determined penalty of $100 to $3,000. A two-year filing limit applies, subject to the statute's stated timing rule. A separate state enforcement route is also provided.
Keep the details
Save the full text thread, call log, voicemails, dates and times, the company or product named, and any reply asking the sender to stop. Those details can help show what happened; they do not establish by themselves that a law was violated.
Official West Virginia sources
- W. Va. Code § 46A-6F-112, definitions
- W. Va. Code § 46A-6F-601, abusive acts or practices
- W. Va. Code § 46A-6F-701, civil remedies
This page is general information, not legal advice. State and federal rules have different definitions, exceptions, and deadlines. Whether a rule applies depends on the facts and current law.