Robocall Help · West Virginia
Robocall Lawyer in West Virginia: $500 to $1,500 Per Illegal Call
West Virginia regulates telemarketers through Article 6F of its Consumer Credit and Protection Act, which requires registration, bars caller ID spoofing and limits sales calls to 8 a.m. through 9 p.m. Every 304 and 681 number is also protected by the federal TCPA, the law that actually pays $500 to $1,500 per illegal call. If illegal calls or texts are hitting your phone in West Virginia, you may be owed $500 to $1,500 per call.
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West Virginia robocall law at a glance
The federal TCPA covers everyone in West Virginia. The state’s telemarketing article adds registration, spoofing and calling-hour rules.
Two laws protect West Virginia residents
The TCPA is the federal engine behind every robocall claim. West Virginia’s telemarketing article adds state penalties and a two-year clock of its own.
The TCPA
The Telephone Consumer Protection Act, the nationwide law behind every claim.
- Protects everyone in West Virginia, no matter the state rules.
- Bars autodialed or prerecorded calls and texts to your cell without consent.
- $500 to $1,500 per call, stacking with every violation.
- You can sue personally, you don’t wait on the government.
West Virginia Consumer Credit and Protection Act, Telemarketing article, W. Va. Code § 46A-6F-101 et seq.
What West Virginia adds on top of the federal rules.
- Calling hours: no telemarketing calls to a residence outside 8 a.m. to 9 p.m. local time, any day of the week (§ 46A-6F-601).
- Stop requests: § 46A-6F-601 makes it an abusive practice to call someone who has already said they do not want the calls.
- Spoofing: § 46A-6F-501 bars transmitting misleading or inaccurate caller ID information or circumventing caller ID technology.
- State penalty: § 46A-6F-502 gives a consumer actual damages plus a penalty of $100 to $3,000 for a § 501 violation, filed within two years.
How the law works in West Virginia
The Telephone Consumer Protection Act, 47 U.S.C. § 227, is a federal law, so it protects a phone in Charleston the same way it protects one in Huntington, Morgantown or Parkersburg. It bars autodialed and prerecorded calls and texts to cell phones without consent and bars telemarketing calls to numbers on the national Do Not Call Registry. Each illegal call or text carries $500 in statutory damages, and up to $1,500 when the violation was willful or knowing. Those figures stack per call, so a campaign that keeps ringing a 304 or 681 number can become a real claim.
West Virginia does not keep a separate state no-call list; the national registry and your own stop requests are what count. The state rules live in Article 6F of the Consumer Credit and Protection Act, W. Va. Code § 46A-6F-101 et seq. Section 46A-6F-601 lists abusive practices: calling a residence at any time other than 8 a.m. to 9 p.m. local time, Monday through Sunday, calling a person who has already said they do not want the calls, and threats, profanity or repeated harassing calls. Section 46A-6F-501 lists unfair or deceptive practices, including transmitting misleading or inaccurate caller ID information or circumventing caller ID technology. Section 46A-6F-502 gives a consumer who is hit by a § 501 violation a cause of action for actual damages plus a court-set penalty of $100 to $3,000, but that state claim must be filed within two years, and a telemarketer can avoid the penalty by proving a bona fide error. Telemarketers must also register with the state under § 46A-6F-301. The Attorney General’s Consumer Protection Division enforces the article. The state claim is narrower and shorter-lived than the federal one, which is why the TCPA remains the core of a West Virginia robocall case.
Federal TCPA suits from West Virginia are filed in the Northern District (Wheeling, Clarksburg, Martinsburg and Elkins) or the Southern District (Charleston, Huntington, Beckley and Bluefield). Cases are handled nationwide under the federal TCPA. Local counsel is associated where West Virginia rules require it. Max Morgan, Esq. is licensed in Pennsylvania and reviews call records at no charge; there is no attorney’s fee unless you recover. The federal TCPA limitations period is generally four years, and the West Virginia telemarketing penalty claim runs only two years, so talk to us before assuming there is time.
Getting illegal calls in West Virginia? Do this.
- Register on the national list.West Virginia has no separate state list, so add your number to the national Do Not Call Registry at donotcall.gov. Telemarketers have 31 days to scrub it.
- Say you do not want the calls, and record when you said it.Under § 46A-6F-601, calling someone who has already declined is an abusive practice. Keep the call log, voicemails and text screenshots, and note the number, the company and the time of each call.
- Complain in West Virginia and nationally.File a complaint with the West Virginia Attorney General’s Consumer Protection Division at ago.wv.gov or 1-800-368-8808, report the number to the FTC at reportfraud.ftc.gov, and file with the FCC at consumercomplaints.fcc.gov. Complaints build the record; they do not pay you.
- Get a free review soon.The state penalty claim has a two-year limit, and calls after a stop request can be worth up to $1,500 each under the TCPA. Check whether your West Virginia calls qualify in about two minutes.
Why West Virginia residents reach out
Three patterns we see from West Virginia phones. If one sounds familiar, it is worth a free look.
Spoofed caller ID is a § 46A-6F-501 violation, and the prerecorded pitch to a cell is a TCPA violation. Read about prerecorded call violations.
Wrong-number collection calls are one of the strongest TCPA fact patterns because you never consented. See how wrong-number debt collection calls become claims.
A telemarketing call to a registered number can be worth $500 to $1,500 each under the TCPA. More on Do Not Call violation claims.
What we help West Virginia residents with
Each of these is a real, recoverable claim under the TCPA.
Wrong-number robocalls
Prerecorded or auto-dialed calls meant for someone else. You can have a claim even though you’re not a customer.
About wrong-number robocall claimsWrong-number debt collection
Auto-dialed collection calls for a debt that was never yours. Illegal twice over, and it pays.
About wrong-number debt collection claims“Stop calling me”
You told them to stop and the calls kept coming. Each one can be a separate violation.
About claims for calls after you said stopSpam text messages
Marketing texts you never agreed to count under the TCPA too. Screenshots are often all the proof you need.
About spam text message lawsuitsDo-Not-Call violations
Registered your number and the calls didn’t stop? Continued telemarketing may entitle you to damages.
About Do Not Call violation claimsPrerecorded cell calls
Robotic or artificial-voice calls to your cell without consent are a clear TCPA violation.
About prerecorded cell call claimsHow it works
Three steps. No cost to find out. No obligation to go further.
Tell us what happened
Answer a few plain-English questions about the calls or texts. It takes about two minutes.
Max reviews it free
Max Morgan’s team looks at your answers and tells you, honestly, whether you have a claim worth pursuing.
If you qualify, he fights for it
You pay nothing up front and nothing unless you recover. Max handles the case.
Real cases Max has helped win
The TCPA is federal, so these results apply to West Virginia residents too.
Wrong-number prerecorded debt-collection calls.
Lucas v. Synchrony Bank (N.D. Ind.)
Telemarketing to Do-Not-Call list & after opt-out.
Campbell v. Everything Breaks (D. Nev.)
385 wrong-number calls at $1,500 each.
Higgs v. Golden Title Loans (W.D. Tenn.)
Prerecorded calls to cell phones without consent.
Key v. Miracle Faith Center (N.D. Fla.)
Prior results do not guarantee a similar outcome. Every case is different.
West Virginia robocall FAQs
Does West Virginia have its own Do Not Call list?
No. West Virginia does not keep a separate state list. Register on the national Do Not Call Registry at donotcall.gov, and tell any telemarketer that calls you that you do not want the calls. Under W. Va. Code § 46A-6F-601, calling someone who has already said no is an abusive practice, and under the federal TCPA a telemarketing call to a registered number can be worth $500 to $1,500.
Which court would a West Virginia robocall case go to?
Federal TCPA claims are filed in the Northern District of West Virginia, which sits in Wheeling, Clarksburg, Martinsburg and Elkins, or the Southern District, which sits in Charleston, Huntington, Beckley and Bluefield. We choose the district after reviewing where you live and where the calls came in.
Do I need a West Virginia lawyer for a robocall case?
Not necessarily. The TCPA is a federal law, so the attorney bringing the claim does not have to be based in West Virginia. Cases are handled nationwide under the federal TCPA, and local counsel is associated where West Virginia rules require it. Your review is free and there is no attorney’s fee unless you recover.
Does West Virginia law add anything to the federal TCPA?
Some. The telemarketing article bars spoofed caller ID, calls outside 8 a.m. to 9 p.m., and calls to people who have already said no, and § 46A-6F-502 adds actual damages plus a $100 to $3,000 penalty for a § 501 violation. That state claim is narrower than the TCPA and must be filed within two years, so we treat it as an add-on to the federal claim rather than the main event.
What are West Virginia’s calling hours for telemarketers?
W. Va. Code § 46A-6F-601 bars telemarketing calls to a residence at any time other than 8 a.m. to 9 p.m. local time, Monday through Sunday. That matches the federal window. A call outside those hours is a state violation, and if it was autodialed or prerecorded it may also be a TCPA violation.
Explore: Wrong-number robocalls · How to sue a telemarketer · The full list of state robocall laws · Settlements
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