State law · State telemarketing laws
West Virginia Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA
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Overview
West Virginia regulates telemarketing through Article 6F of the West Virginia Consumer Credit and Protection Act (WVCCPA), W. Va. Code §§ 46A-6F-101 through 46A-6F-703. The Legislature enacted Article 6F in 1998 (H.B. 4267). It is a classic anti-fraud telemarketing statute:
- Registration and bonding. Telemarketers must register with the Department of Tax and Revenue before doing business and must post a $100,000 bond for each location, or a single $500,000 bond for all locations.
- Disclosures and refunds. Telemarketers must make prompt and pre-payment disclosures and offer a seven-day return or cancellation policy.
- Prohibited practices. The Article lists unfair, deceptive and abusive practices, including caller ID spoofing, which was added in 2018.
- Hours and do-not-call. The abusive-practices section sets calling hours of 8 a.m. to 9 p.m. and forbids calling a person who has asked not to be called.
Consumers have a private right of action. They can recover actual damages plus a penalty of $100 to $3,000 per violation. Under § 46A-6F-701(e), courts may adjust that penalty for inflation from July 1, 1998. In Mey v. Phillips (2023), the Fourth Circuit affirmed an award applying a maximum per-call penalty of $5,373.09. It also held that WVCCPA penalties can be awarded on top of TCPA damages for the same call.
West Virginia law does not include:
- a state do-not-call list;
- a statute incorporating the National Do Not Call Registry;
- a state autodialer or prerecorded-message statute;
- a text-message-specific rule.
Bills to add a state "Telephone Consumer Protection Act" (H.B. 5251 in 2024, H.B. 2356 in 2025, and H.B. 4909 in 2026) have not been enacted.
Article 6F also has more than twenty exemptions. They cover:
- charities (for registration and bonding only);
- licensed securities, insurance and real estate professionals;
- business-to-business sales;
- catalog sellers;
- businesses with permanent retail locations;
- regulated utilities and communications companies;
- several other categories.
Source note: statute text is from the official West Virginia Code site of the West Virginia Legislature (code.wvlegislature.gov), fetched October 15, 2026. That site does not state a "current through" date. Its bill-history panels list 1998 H.B. 4267 as the source for almost every section, with amendments only to § 46A-6F-113 (2008 S.B. 272) and § 46A-6F-501 (2018 H.B. 4150).
Key statutes table
| Law | Citation | What it covers |
|---|---|---|
| Definitions | W. Va. Code §§ 46A-6F-101 to 46A-6F-114 | Consumer, consumer goods or services, telemarketing solicitation, telemarketer (including automated dialing machines), telemarketer in good standing |
| Exemptions | §§ 46A-6F-201 to 46A-6F-220 | Charities (registration and bond), licensed professionals, business-to-business, catalog, retail locations, utilities and others |
| Registration | § 46A-6F-301 | Register with the Department of Tax and Revenue 60 days before offering; annual renewal; application contents |
| Bond | § 46A-6F-302 | $100,000 per location or $500,000 for all; alternatives; three-year tail |
| Registration penalties | § 46A-6F-303 | Administrative penalty up to $5,000; injunctions |
| Records | § 46A-6F-304 | Four-year retention of scripts, customers, employees, authorizations |
| Disclosures | § 46A-6F-401 | Prompt identity, purpose and nature disclosures; pre-payment cost and term disclosures |
| Returns and cancellation | § 46A-6F-402 | Seven-day return or cancellation policy; refund within 30 days |
| Unfair or deceptive acts | § 46A-6F-501 | Check authorization, couriers, substantial assistance, caller ID spoofing |
| Private remedies (deceptive acts) | § 46A-6F-502 | Actual damages plus $100 to $3,000 penalty; void sale; two-year limitation |
| Recovery services | § 46A-6F-503 | Felony |
| Abusive acts | § 46A-6F-601 | Threats, harassment, do-not-call requests, 8 a.m. to 9 p.m. hours; safe harbor |
| Civil remedies (abusive acts) | § 46A-6F-701 | Actual damages plus $100 to $3,000 penalty; void sale; state remedies; inflation adjustment |
| Remedies not exclusive | § 46A-6F-702 | Cumulative remedies |
| Service on nonresidents | § 46A-6F-703 | Department of Tax and Revenue as agent for service |
| Attorney General penalties | § 46A-7-111(2) | Up to $5,000 per violation for repeated and willful violations |
Detailed provisions
1. Scope and definitions
Telemarketing solicitation. This "means and includes any communication between a telemarketer and a prospective purchaser for the purpose of selling or attempting to sell the purchaser any consumer goods or services". The telemarketer must intend that the agreement to buy will follow one of two triggers:
- "The telemarketer makes an unsolicited telephone call to a consumer, attempting to sell consumer goods or services to the consumer, when the consumer has not previously expressed an interest to the telemarketer in purchasing, investing in, or obtaining information regarding, the consumer goods or services offered by the telemarketer"; or
- "The telemarketer communicates with a consumer by any means and invites or directs the consumer to respond by any means to the telemarketer's communications, and the telemarketer intends to enter into an agreement with the consumer for the purchase of consumer goods or services at some time during the course of one or more subsequent telephone communications with the consumer."
The second trigger means Article 6F reaches inbound telemarketing generated by mail, print, broadcast or electronic advertising, not only outbound calls.
Telemarketer. A telemarketer "means 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 statute adds: "A telemarketer may initiate or receive a communication that constitutes a telemarketing solicitation on his own behalf, through a salesperson or through an automated dialing machine." Telemarketers also include "owners, operators, officers, directors, partners or other individuals engaged in the management activities of a business entity that is subject to licensing and registration pursuant to this article."
Consumer goods or services. These include "Any property or services offered or sold to a natural person primarily for personal, family, household or agricultural purposes" and "Any property or service offered or sold for the purpose of providing a profit or investment opportunity". They also include property attached to real estate, timeshares and campground memberships.
2. Registration and bonding
Registration. "No person shall act as a telemarketer without first having registered with the secretary of the Department of Tax and Revenue" (§ 46A-6F-301(a)). The initial application "shall be made at least sixty days prior to offering consumer goods or services". Renewal is "on an annual basis thereafter". Fees are set by legislative rule.
The application must disclose:
- the telemarketer's true name, addresses and trade names;
- the principal owner's occupations for the prior two years;
- criminal convictions and civil judgments involving fraud or consumer protection;
- bankruptcies within seven years;
- identifying information for managers;
- every bank account used.
Bond. "A separate bond in the amount of $100,000 may be filed for each telemarketing location, including each principal office and each branch office thereof, or a single bond in the amount of $500,000 may be filed for all locations of the telemarketer" (§ 46A-6F-302(a)). The bond must cover "all damages to the state or a private person resulting from any unlawful act or action by the telemarketer or its agent in connection with the conduct of telemarketing activities." It "shall remain in effect for three years from the period the telemarketing business ceases to operate in this state."
A letter of credit, certificate of deposit, cash or government bond may substitute for the surety bond. Registration lapses if security falls below the required amount.
Penalties. The Department of Tax and Revenue may levy "a civil administrative penalty" of "not more than $5,000" on a person who does any of the following (§ 46A-6F-303(a)):
- acts as a telemarketer without registering;
- acts as a telemarketer without meeting the security requirement;
- acts as a telemarketer after failing to maintain registration and bond;
- files a false or misleading application;
- "Misrepresents that a telemarketer is registered."
The Department may also seek an injunction or bring a civil action. The Attorney General's Consumer Protection Division, or a private citizen, "may also apply to the court for appropriate relief under this section against a person violating the provisions of sections three hundred one and three hundred two of this article" (§ 46A-6F-303(e)).
Exemptions from registration only. Certain charitable organizations are exempt "from the registration and bonding provisions of this article when making a telemarketing solicitation" (§ 46A-6F-201). Telemarketers that qualify under the § 46A-6F-219 exemption "must register, without bond".
Records (§ 46A-6F-304). A telemarketer must keep the following "for a period of four years from the date the record is produced":
- advertising;
- prize recipient records;
- customer and sales records;
- employee records;
- "All verifiable authorizations required to be provided or received under this article"; and
- scripts.
3. Calling hours
It is an abusive practice to "Engage in telemarketing to a person's residence at any time other than between eight a.m. and nine p.m. local time, Monday through Sunday, at the called person's location" (§ 46A-6F-601(a)(4)). The window matches federal law. It applies to telemarketing "to a person's residence," so its application to cell phones depends on whether the phone is treated as reaching the person's residence.
4. Call frequency and harassment
West Virginia sets no numeric frequency cap. It is abusive to "Engage any person repeatedly or continuously with behavior a reasonable person would deem to be annoying, abusive or harassing" (§ 46A-6F-601(a)(2)). It is also abusive to "Threaten, intimidate or use profane or obscene language". A catch-all bars "any other conduct which would be considered abusive to any reasonable consumer."
5. Autodialers, prerecorded messages and Facebook v. Duguid
Article 6F does not regulate autodialers or prerecorded messages as such. It expressly contemplates solicitations made "through an automated dialing machine" (§ 46A-6F-113(b)) and treats those calls like any other telemarketing.
West Virginia therefore has no state autodialer definition for Facebook v. Duguid to narrow. Autodialed and prerecorded calls are governed by the federal Telephone Consumer Protection Act (TCPA). Duguid's random-or-sequential-number-generator reading applies to the federal autodialer definition, and prerecorded voice calls need consent whatever equipment places them.
The 2024 bill H.B. 5251, titled "Relating to the Telephone Consumer Protection Act," proposed additional state restrictions on automated solicitation calls. Its text is not analyzed here. It passed the House on February 9, 2024 and was referred to the Senate Judiciary Committee on February 13, 2024, where its last recorded action was taken. A similar 2025 bill, H.B. 2356, last shows a House markup on March 7, 2025.
In Mey v. Medguard Alert (N.D. W. Va. 2021), the court found the defendants' request to stay the case pending Duguid moot, because the Supreme Court decided Duguid the day after the defendants filed their reply.
6. Text messages
Article 6F does not mention text messages. A "communication" is "a written or oral notification or advertisement transmitted from a telemarketer to a consumer by any means." Under the second trigger in § 46A-6F-112(a)(2), a text inviting a consumer to call back for a sale may therefore be part of a telemarketing solicitation.
The calling-hours and do-not-call provisions of § 46A-6F-601 refer to "telemarketing to a person's residence" and to an "outbound telephone call." Whether they reach texts is untested. Federal TCPA rules for texts apply regardless.
7. Caller ID
Since 2018, it has been an unfair or deceptive act for any seller or telemarketer "To engage in transmission of misleading or inaccurate caller identification information, including, but not limited to, circumventing caller identification technology that allows the consumer to identify from what phone number or organization the call has originated from, or to otherwise misrepresent the origin and nature of the solicitation" (§ 46A-6F-501(9)). The provision does "not apply to a communications service provider that delivers a communication originated by another person or entity."
H.B. 4150 added this provision. It passed March 10, 2018, "in effect ninety days from passage." The statute does not affirmatively require a caller to transmit caller ID; it bars misleading transmission. Federal rules require transmission (16 C.F.R. § 310.4(a)(8)).
8. Disclosures and opt-out
Prompt disclosures. "A telemarketer shall promptly disclose, in a clear and conspicuous manner, the following material information when making a telemarketing communication with a consumer:" (§ 46A-6F-401(a)):
- "The true identity of the telemarketer";
- "That the purpose of the call is to sell consumer goods or services"; and
- "The nature of the goods or services offered for sale."
Pre-payment disclosures. "Before a consumer pays for the goods or services offered for sale," the telemarketer must disclose (§ 46A-6F-401(b)):
- "The total costs to purchase, receive or use the consumer goods or services";
- the quantity;
- "All material restrictions, limitations or conditions";
- material performance characteristics;
- refund and cancellation policies;
- for prize promotions, detailed terms, including "The odds of receiving a prize, gift or award" and a no-purchase statement; and
- for investment opportunities, risk, liquidity, earnings potential, profitability and benefits.
Opt-out. It is abusive to "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 whose goods or services are being offered" (§ 46A-6F-601(a)(3)). The statute sets no time limit on how long the request lasts.
9. Do-not-call
West Virginia has no state do-not-call list. Article 6F does not incorporate the National Do Not Call Registry. The only state do-not-call duty is the company-specific rule in § 46A-6F-601(a)(3).
There is a safe harbor. A telemarketer "will not be liable for violating subdivision (3), subsection (a) of this section if" it meets all four conditions (§ 46A-6F-601(b)):
- "It has established and implemented written procedures to avoid outbound telephone calls to persons who have previously stated that they do not wish to receive such calls";
- "It has trained its personnel in the procedures";
- "The telemarketer has maintained and recorded lists of persons who have previously stated that they do not wish to receive such calls"; and
- "Any subsequent call is the result of error."
Calls to numbers on the National Do Not Call Registry are actionable only under federal law (47 C.F.R. § 64.1200(c)(2); 47 U.S.C. § 227(c)(5)). Under that rule, "Such do-not-call registrations must be honored indefinitely, or until the registration is cancelled by the consumer or the telephone number is removed by the database administrator."
10. Contract, payment and cancellation rules
Return and cancellation policy. "Every telemarketer shall, at a minimum, have the following policy" (§ 46A-6F-402(a)):
- accepting returns or canceling services "for a period of not less than seven days after the date of delivery to the consumer" and giving a cash refund or credit;
- disclosing the return and refund policy "orally by telephone or in writing with advertising, promotional material, or with delivery of the products or service"; and
- refunding "within thirty days after the date on which the telemarketer receives returned merchandise or notice of cancellation of services."
Goods are presumed received seven days after mailing. A written "satisfaction guaranteed" or similar promise satisfies the policy requirement. "Failure to comply with the provisions of this section is unfair or deceptive act or practice."
Payment practices (§ 46A-6F-501). It is unfair or deceptive:
- Checks and drafts. To submit a check or draft "without that person's express verifiable authorization". Verifiable means express written authorization, a tape-recorded express oral authorization covering the specified terms, or a written confirmation sent before submission.
- Couriers. To use a courier "to obtain immediate receipt and possession of a consumer's payment" unless the consumer requested it and was allowed to inspect the goods first.
- Credit repair. To collect fees for credit repair before the promised results are documented.
- Substantial assistance. "To provide substantial assistance or support to any telemarketer when that person knows or consciously avoids knowing that the telemarketer is engaged in any act or practice that violates this section".
- Registration claims. To claim that registration is a state endorsement.
- Recovery services. Recovery-room schemes are a felony under § 46A-6F-503.
Void sales. If a telemarketer violates § 46A-6F-501 or § 46A-6F-601, "any sale or lease of consumer goods or services is void and the consumer is not obligated to pay either the principal or any finance charge" (§§ 46A-6F-502(2), 46A-6F-701(b)).
11. Exemptions
Part II exempts many sellers from all of Article 6F, including:
- licensed securities, commodities and investment professionals "when soliciting within the scope of his license" (§§ 46A-6F-202, 203);
- a seller who does not make "the major sales presentation" by phone but completes the sale face to face (§ 46A-6F-204);
- qualifying catalog sellers (§ 46A-6F-205);
- business-to-business sales: "The provisions of this article do not apply to a business-to-business sale" (§ 46A-6F-206);
- maintenance or repair contracts for goods previously bought from the seller (§ 46A-6F-207);
- supervised financial organizations (§ 46A-6F-209);
- licensed insurance producers within the scope of their license (§ 46A-6F-210);
- cable television, and telephone and communications companies regulated by the Public Service Commission or the Federal Communications Commission (§§ 46A-6F-211, 212);
- businesses with a permanent location under the same name, where identical goods are offered there and "More than fifty percent of all of the consumer goods or services offered for sale by the person are provided to consumers at the person's business location rather than through telemarketing sales" (§ 46A-6F-213);
- issuers of certain securities, book and record clubs, registered real estate developers and licensees, energy suppliers, and magazine or newspaper sellers (§§ 46A-6F-214 to 218);
- certain established telemarketers in good standing that derive half their revenue from exempt clients (§ 46A-6F-219); and
- annual food sales under $100 (§ 46A-6F-220).
Exemptions are construed narrowly against expansion. In Mey v. Castle Law Group (N.D. W. Va. 2020), a defendant argued that being a licensed attorney brought him within § 46A-6F-203. The court held that "this Court does not agree that this was intended to broadly include all licensed attorneys". It added that the defendant had not shown the calls were made "when soliciting within the scope of his license."
Section 46A-6F-702 limits the exemptions to Article 6F. They "are exclusive to this article and shall not be construed to otherwise exempt a person or to limit the applicability of any other provisions of this code."
12. Private right of action, damages and limitations
Abusive acts (§ 46A-6F-701(a)). "If a telemarketer violates the provisions of section six hundred one of this article, the consumer has 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". The penalty is $100 to $3,000. The official text runs the words together as "not less than$100 nor more than $3,000."
Deceptive acts (§ 46A-6F-502(1)). The same remedy applies: "the consumer has 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."
Other relief. "Any consumer that suffers harm as a result of any abusive act or practice shall receive injunctive or declaratory relief" (§ 46A-6F-701(c)). Sales are void, as described above.
Inflation adjustment. "In any action brought under this article where damages are awarded to a consumer, the court may adjust the damages to account for inflation from July 1, 1998, to the time of the award of damages, in an amount determined by the application of data from the consumer price index" (§ 46A-6F-701(e)).
No loss or notice requirement. In Mey v. Medguard Alert, the court rejected the argument that the general WVCCPA's ascertainable-loss and pre-suit notice requirements apply to Article 6F claims. It held that "the private cause of action created by this section does not require actual damages", in contrast to the § 46A-6-106 action, where actual damages are explicitly required. It also declined to "graft the notice requirement of § 46A-6-106(c) onto § 46A-6F-502." By contrast, the general Article 6 action under § 46A-6-106(a) requires that a person "suffers an ascertainable loss of money or property".
Per-call penalties and stacking with the TCPA. In Mey v. Phillips (4th Cir. 2023), the district court entered a default judgment against defendants as a sanction for their discovery violations. It awarded $828,801.36.
The award included "one penalty per call for 104 calls that violated the WVCCPA". The district court applied "the rate of inflation from July 1, 1998 to the date of the award," to reach "a maximum statutory penalty of $5,373.09 per call."
The Fourth Circuit affirmed. It reasoned that "the statutory penalties at issue in this case penalize different conduct" and that "Nothing in either the WVCCPA or the TCPA forces a plaintiff to choose between federal and state remedies." It concluded that "damages under the WVCCPA may be awarded in addition to those under the TCPA for a single communication that violates both statutes."
Limitations. Actions under §§ 46A-6F-502(1) and 46A-6F-701(a) may not be "brought more than two years after the date upon which the violation occurred or the due date of the last scheduled payment of the agreement, whichever is later." In Medguard, the parties agreed that a call outside the two-year period was not recoverable under state law. The federal TCPA's four-year catch-all period still applies to the federal claim.
Bond claims. "An action may be brought in any court of competent jurisdiction upon the bond by any person to whom the licensee fails to account and pay as set forth in such bond" (§ 46A-6F-302(h)).
Service on nonresidents. A nonresident "who directs telemarketing solicitations to persons residing in this state, shall be conclusively presumed to have appointed the Department of Tax and Revenue as his attorney-in-fact" for service of process (§ 46A-6F-703).
13. Attorney General and agency enforcement
Department of Tax and Revenue. It administers registration and bonding and imposes administrative penalties under § 46A-6F-303.
Consumer Protection Division. The Article defines the "Division" as "the consumer protection division of the office of the Attorney General." The Division may require a telemarketer to file its scripts if it finds material misrepresentations (§ 46A-6F-304(e)).
State remedies. Under § 46A-6F-701(d), the state may seek, on behalf of residents harmed by violations:
- "injunctive or declaratory relief, actual damages, consumer restitution, civil penalties, forfeiture of bond, attachment of property, costs, attorney's fees"; and
- other remedies available under the chapter.
Civil penalties. Under the WVCCPA's general enforcement section, if "the defendant has engaged in a course of repeated and willful violations of this chapter, it may assess a civil penalty of no more than $5,000 for each violation of this chapter" (§ 46A-7-111(2)). No such penalty may be imposed for violations "occurring more than four years before the action is brought."
Criminal penalty. Operating a criminal recovery service is a felony punishable by one to ten years (§ 46A-6F-503(b)).
How West Virginia law differs from federal law
The federal baseline consists of the TCPA at 47 U.S.C. § 227, the Federal Communications Commission (FCC) rules at 47 C.F.R. § 64.1200, and the Federal Trade Commission (FTC) Telemarketing Sales Rule (TSR) at 16 C.F.R. Part 310.
| Issue | West Virginia | Federal (TCPA, FCC rule, TSR) |
|---|---|---|
| Registration and bond | Department of Tax and Revenue registration 60 days in advance, annual renewal; $100,000 per location or $500,000 bond (§§ 46A-6F-301, 302) | None |
| Calling hours | 8 a.m. to 9 p.m. to a residence, at the called person's location (§ 46A-6F-601(a)(4)) | 8 a.m. to 9 p.m. (47 C.F.R. § 64.1200(c)(1); 16 C.F.R. § 310.4(c)) |
| National Registry | Not incorporated | Prohibition (47 C.F.R. § 64.1200(c)(2)); 31-day scrub safe harbor (16 C.F.R. § 310.4(b)(3)(iv)) |
| Company-specific DNC | Abusive to call after a stated request; written procedures, training, list and error safe harbor; no duration (§ 46A-6F-601) | Honored 5 years (47 C.F.R. § 64.1200(d)(6)); TSR (16 C.F.R. § 310.4(b)(1)(iii)(A)) |
| Autodialers and prerecorded calls | No state rule; automated dialing machines expressly contemplated (§ 46A-6F-113(b)) | Consent rules (47 U.S.C. § 227(b); 47 C.F.R. § 64.1200(a)); Duguid autodialer definition |
| Caller ID | Bars misleading or inaccurate caller ID and circumvention (§ 46A-6F-501(9)) | Transmission required (16 C.F.R. § 310.4(a)(8)) |
| Disclosures | Prompt identity, purpose and nature; detailed pre-payment, prize and investment disclosures (§ 46A-6F-401) | Similar TSR disclosures (16 C.F.R. § 310.3(a)(1), 310.4(d)); caller identification (47 C.F.R. § 64.1200(d)(4)) |
| Payment authorization | Express verifiable authorization for checks and drafts; courier limits (§ 46A-6F-501(3), (4)) | TSR express verifiable authorization (16 C.F.R. § 310.3(a)(3)) |
| Refund policy | Seven-day minimum return or cancellation policy; refund within 30 days (§ 46A-6F-402) | No general cooling-off right |
| Substantial assistance | Knowing or conscious avoidance (§ 46A-6F-501(7)) | TSR assisting and facilitating (16 C.F.R. § 310.3(b)) |
| Private remedy | Actual damages plus $100 to $3,000 per violation, inflation-adjusted from 1998; void sale (§§ 46A-6F-502, 701) | Actual damages or $500 per violation for robocall and autodialer violations; actual damages or up to $500 for do-not-call violations after more than one call in 12 months; up to three times if willful or knowing (47 U.S.C. § 227(b)(3), (c)(5)) |
| Stacking | State penalties may be added to TCPA damages for the same call (Mey v. Phillips) | Not applicable |
| Limitations | Two years (§§ 46A-6F-502(1), 701(a)) | Four years (28 U.S.C. § 1658(a)) |
| Exemptions | Broad industry and business exemptions (Part II) | Narrower; TSR exempts some business-to-business calls |
Where West Virginia is stricter.
- Registration and bonding. West Virginia requires both, with a bond of up to $500,000.
- Penalties. The per-violation penalty, inflation-adjusted, can exceed the TCPA's $500 to $1,500 range. It stacks on top of TCPA damages, and sales made through violations are void.
- Refunds and disclosures. The mandatory seven-day refund policy and the detailed prize and investment disclosures go beyond federal rules.
- Inbound telemarketing. The definition of telemarketing solicitation reaches inbound calls generated by advertising.
Where West Virginia is the same. The calling-hours window and the payment authorization rules mirror the TSR.
Where West Virginia is looser or silent.
- Do-not-call and robocalls. There is no state registry rule, no autodialer or prerecorded-message rule, and no text-message rule.
- Opt-out duration. The state opt-out has no stated duration.
- Exemptions. The many exemptions take numerous sellers out of Article 6F entirely, though not out of federal law.
- Limitations. The two-year limitations period is shorter than the federal four years.
Case law
- Mey v. Phillips, 71 F.4th 203 (4th Cir. 2023). The court affirmed a default judgment entered as a discovery sanction against the defendants. It upheld one Article 6F penalty per call, adjusted for inflation under § 46A-6F-701(e), and held that WVCCPA penalties may be awarded in addition to TCPA damages for the same call.
- Mey v. Medguard Alert, Inc., No. 5:19-cv-315 (N.D. W. Va. Apr. 27, 2021). The court denied a motion to dismiss. It held that the § 46A-6F-502(1) private action requires neither an ascertainable loss nor the § 46A-6-106 notice and cure procedure.
- Mey v. Castle Law Group, PC, No. 5:19-cv-185 (N.D. W. Va. June 23, 2020). The court denied motions to dismiss. It held that the § 46A-6F-203 securities-licensee exemption does not broadly cover licensed attorneys and applies only to solicitations within the scope of the license. It also held that prior express consent is an affirmative defense the defendant must prove.
Recent amendments
- 2018, H.B. 4150 (Committee Substitute), passed March 10, 2018, in effect ninety days from passage. Added § 46A-6F-501(9), which bars misleading or inaccurate caller ID information, with a carrier exception.
- 2008, S.B. 272. Amended § 46A-6F-113 (telemarketer definition), according to the official bill-history panel.
- 1998, H.B. 4267. Enacted Article 6F.
- Not enacted:
- H.B. 5251 (2024). "Relating to the Telephone Consumer Protection Act." Passed the House on February 9, 2024; last action was referral to Senate Judiciary on February 13, 2024.
- H.B. 2356 (2025). Same title; last action was a House markup discussion on March 7, 2025.
- H.B. 4909 (2026). "Relating to consumer protection from fraudulent telephone solicitation." Referred to House Judiciary on January 29, 2026.
- H.B. 5374 (2026). On unsolicited calls about Medicare, auto insurance and donations. Referred to House Judiciary on February 9, 2026.
The official Code contains no Article 6O and no § 46A-2-129b.
Compliance checklist
- Unless an exemption in §§ 46A-6F-201 to 220 clearly applies, register with the West Virginia Department of Tax and Revenue at least 60 days before soliciting West Virginia consumers. Renew annually, and keep a $100,000 per-location or $500,000 blanket bond, or an approved substitute, in force.
- Restrict calls to residences to 8 a.m. to 9 p.m. at the called person's location.
- Keep a written internal do-not-call procedure, train staff on it, and record every do-not-call request to preserve the § 46A-6F-601(b) safe harbor. Honor requests indefinitely, since the statute sets no expiration.
- Scrub against the National Do Not Call Registry and meet federal autodialer, prerecorded-message and text consent rules. West Virginia penalties can be added on top of TCPA damages for the same call.
- At the start of each call, disclose your true identity, that the purpose is to sell, and what you are selling. Before taking payment, disclose total cost, quantity, material restrictions, refund terms, and any prize or investment details.
- Adopt and disclose at least a seven-day return or cancellation policy, and refund within 30 days.
- Get express verifiable authorization for check and draft payments. Do not send couriers for payment unless the consumer asks and can inspect the goods first.
- Never transmit misleading caller ID or circumvent caller ID technology.
- Keep advertising, customer, employee, authorization and script records for four years.
- Vet vendors and payment processors. Knowing or consciously avoided substantial assistance is itself a violation, and exemptions apply only within Article 6F.
References
- W. Va. Code Chapter 46A, Article 6F (Telemarketing): https://code.wvlegislature.gov/46A-6F/
- W. Va. Code Article 6F, printable PDF: https://code.wvlegislature.gov/pdf/46A-6F/
- W. Va. Code § 46A-6F-112: https://code.wvlegislature.gov/46A-6F-112/
- W. Va. Code § 46A-6F-113: https://code.wvlegislature.gov/46A-6F-113/
- W. Va. Code § 46A-6F-301: https://code.wvlegislature.gov/46A-6F-301/
- W. Va. Code § 46A-6F-302: https://code.wvlegislature.gov/46A-6F-302/
- W. Va. Code § 46A-6F-303: https://code.wvlegislature.gov/46A-6F-303/
- W. Va. Code § 46A-6F-401: https://code.wvlegislature.gov/46A-6F-401/
- W. Va. Code § 46A-6F-402: https://code.wvlegislature.gov/46A-6F-402/
- W. Va. Code § 46A-6F-501: https://code.wvlegislature.gov/46A-6F-501/
- W. Va. Code § 46A-6F-502: https://code.wvlegislature.gov/46A-6F-502/
- W. Va. Code § 46A-6F-601: https://code.wvlegislature.gov/46A-6F-601/
- W. Va. Code § 46A-6F-701: https://code.wvlegislature.gov/46A-6F-701/
- W. Va. Code § 46A-6F-702: https://code.wvlegislature.gov/46A-6F-702/
- W. Va. Code § 46A-6F-703: https://code.wvlegislature.gov/46A-6F-703/
- W. Va. Code § 46A-6-106: https://code.wvlegislature.gov/46A-6-106/
- W. Va. Code § 46A-7-111: https://code.wvlegislature.gov/46A-7-111/
- 2018 H.B. 4150, enrolled and signed: https://code.wvlegislature.gov/signed_bills/2018/2018-RS-HB4150-SUB%20ENR_signed.pdf
- H.B. 5251 (2024) bill history: https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5251&year=2024&sessiontype=RS&btype=bill
- H.B. 2356 (2025) bill history: https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2356&year=2025&sessiontype=RS&btype=bill
- H.B. 4909 (2026) bill history: https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4909&year=2026&sessiontype=RS&btype=bill
- H.B. 5374 (2026) bill history: https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5374&year=2026&sessiontype=RS&btype=bill
- Mey v. Phillips (4th Cir. 2023): https://www.govinfo.gov/content/pkg/USCOURTS-ca4-22-01820/pdf/USCOURTS-ca4-22-01820-0.pdf
- Mey v. Medguard Alert (N.D. W. Va. 2021): https://www.govinfo.gov/content/pkg/USCOURTS-wvnd-5_19-cv-00315/pdf/USCOURTS-wvnd-5_19-cv-00315-1.pdf
- Mey v. Castle Law Group (N.D. W. Va. 2020): https://www.govinfo.gov/content/pkg/USCOURTS-wvnd-5_19-cv-00185/pdf/USCOURTS-wvnd-5_19-cv-00185-1.pdf
- 47 U.S.C. § 227: https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm
- 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
- 16 C.F.R. Part 310: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310
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