Calling a West Virginia consumer after they’ve asked not to be called is an “abusive” telemarketing practice under state law. It exposes the telemarketer to actual damages plus a court-set penalty of $100 to $3,000, and it can void the sale. The same statute requires many telemarketers to register with the state before calling. The law’s long list of exemptions and its stop-request defense, though, give a business more room than a demand letter usually admits.
Who counts as a telemarketer in West Virginia?
Anyone who makes or receives calls to sell consumer goods or services to West Virginia consumers, unless an exemption applies.
W. Va. Code § 46A-6F-113 defines a telemarketer as “any person who initiates or receives telephone calls to or from a consumer in this state for the purpose of making a telemarketing solicitation.” The definition reaches inbound sales too. Under § 46A-6F-112, a solicitation includes an unsolicited sales call to a consumer who “has not previously expressed an interest” in the product, and an ad or mailer inviting the consumer to call when the sale will close by phone.
Part II of the article removes many callers from the statute. The exemptions include business-to-business sales, supervised financial organizations, licensed insurance agents and brokers, and sellers with continuing business locations. They also cover catalog sellers, cable and telephone companies, and real estate licensees. Each exemption has its own conditions, and the first job in any West Virginia matter is to check them.
Does a West Virginia telemarketer need to register?
Yes, unless exempt. Registration is due before any offers are made, along with a surety bond.
Section 46A-6F-301 provides that “No person shall act as a telemarketer without first having registered with the secretary of the Department of Tax and Revenue,” with the initial application made “at least sixty days prior to offering consumer goods or services.” The application asks for owner histories, past consumer-protection actions, bankruptcies, and banking details.
Failure to register is a state matter. Section 46A-6F-303 allows a civil administrative penalty “of not more than $5,000,” after notice and a chance for a hearing, and the department must weigh “any good faith efforts to comply.” Private plaintiffs sometimes cite missing registration anyway, so a company relying on an exemption should document why.
What telemarketing practices are abusive?
Harassment, calls after a stop request, and calls to homes outside 8 a.m. to 9 p.m.
Under § 46A-6F-601(a), a telemarketer may not “Initiate an outbound telephone call to a person when that person previously has stated that he or she does not wish to receive an outbound telephone call made by or on behalf of the telemarketer.” The same section bars telemarketing to a residence “at any time other than between eight a.m. and nine p.m. local time,” along with threats, profanity, and conduct a reasonable person would find harassing.
Section 601 also has a catchall for “any other conduct which would be considered abusive to any reasonable consumer.” Plaintiffs lean on it when a claim doesn’t fit the specific rules. It’s vague, and defendants have room to argue it shouldn’t reach routine sales calls that follow the listed rules.
What does a violation cost?
Actual damages plus a penalty of $100 to $3,000 set by the court, and the sale may be void.
Section 46A-6F-701(a) gives the consumer a cause of action “to recover actual damages and, in addition, a right to recover from the violator a penalty in an amount, to be determined by the court, of not less than$100 nor more than $3,000.” Under subsection (b), any resulting “sale or lease of consumer goods or services is void,” and the consumer can recover payments made. Subsection (e) lets the court adjust damages for inflation from July 1, 1998.
The penalty range matters more than the ceiling. A court sets the amount, and a single stop-request violation with no loss sits much closer to the floor than a pattern of harassing calls. Federal claims often come along: the TCPA allows $500 per violation, up to $1,500 if willful or knowing, and the federal internal do-not-call rule in 47 C.F.R. § 64.1200(d) covers the same stop requests.
What defenses does the statute provide?
A complete defense to stop-request claims for companies with written procedures, and a bona fide error defense for deception claims.
Section 46A-6F-601(b) says a telemarketer “will not be liable” for a call after a stop request if it established written procedures, trained its personnel, “maintained and recorded lists” of people who asked not to be called, and “Any subsequent call is the result of error.” That tracks the federal internal do-not-call program closely. A company that already follows the federal rule has most of the West Virginia defense in hand.
For claims under the unfair or deceptive practices section, § 46A-6F-502 bars liability if the telemarketer shows “a violation is unintentional or the result of a bona fide error of fact notwithstanding the maintenance of procedures reasonably adapted to avoid any such violation.” It also allows a cure: correcting an error within 15 days of discovering it, before suit or written notice, removes the penalty.
| West Virginia rule | Section | Private exposure | Defense to develop |
|---|---|---|---|
| Registration and bond | 46A-6F-301, -302 | State administrative penalty up to $5,000 | Part II exemption; good-faith efforts |
| Calls after a stop request | 46A-6F-601(a)(3) | Actual damages plus $100 to $3,000; sale void | Written procedures and error under 601(b) |
| Calls outside 8 a.m. to 9 p.m. | 46A-6F-601(a)(4) | Same | Time-zone settings and call logs |
| Harassing or abusive conduct | 46A-6F-601(a)(1), (2), (5) | Same | Recordings; call frequency records |
| Deceptive practices | 46A-6F-501 | Actual damages plus $100 to $3,000 | Bona fide error; 15-day cure |
Steps to take when a West Virginia claim arrives
- Put a litigation hold on call recordings, dialer logs, and sales records for the West Virginia consumers involved.
- Pull the internal do-not-call list and every stop request, with dates and the agent who took it.
- Pull National Registry scrub records and the version dates used for each campaign.
- Gather the registration certificate or exemption analysis, written procedures, training records, and vendor contracts.
- Have a lawyer review the claim before responding, contacting the consumer, or offering a refund.
The written procedures in step 4 usually decide stop-request claims in West Virginia. More on defending telemarketing claims is available, and a recent post covers federal caller identification requirements.
Questions about West Virginia telemarketing law
Does West Virginia have its own Do Not Call list?
The article doesn’t create a separate state registry. Its stop-request rule in § 46A-6F-601 works like a company-specific do-not-call list. Calls to numbers on the National Registry are governed by federal rules, which apply to West Virginia numbers like any other.
Is a business-to-business call covered?
No. Section 46A-6F-206 exempts business-to-business sales from the article. Calls placed to a business owner’s personal cell phone can still raise federal TCPA issues, so the exemption doesn’t end the analysis.
Can a consumer cancel a sale made in an abusive call?
Yes. Under § 46A-6F-701(b), a sale or lease resulting from a violation of the abusive-practices section is void, and the consumer may recover payments made. That remedy can exceed the penalty when the sale was large.
Does correcting a mistake help?
For deception claims, yes. A telemarketer that notifies the consumer and corrects an error within 15 days of discovering it, before suit or written notice, has no penalty liability under § 46A-6F-502. Prompt correction is often the cheapest defense available.
Defending West Virginia telemarketing claims
If your company has received a West Virginia complaint or lawsuit over sales calls, the exemptions and the stop-request procedures usually decide what the claim is worth. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving calls after an opt-out request. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
W. Va. Code § 46A-6F-112, § 46A-6F-113, § 46A-6F-206, § 46A-6F-301, § 46A-6F-303, § 46A-6F-502, § 46A-6F-601, § 46A-6F-701; 47 U.S.C. § 227; 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of May 23, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.