Not legal advice. This site is an editorial reference. Laws change — always confirm with a qualified attorney in the relevant jurisdiction before recording, and check each page’s last reviewed date.

Call Recording Laws in West Virginia

Short answer: Yes. West Virginia is a one-party consent state. Under W. Va. Code § 62-1D-3, you can legally record a phone call you are part of without telling the other people on the call. Recording a conversation you are not part of, without a participant’s consent, is illegal.

Plain-English summary

West Virginia is a one-party-consent state. W. Va. Code § 62-1D-3(e) provides a participant exception.

A participant may record an ordinary phone call in West Virginia without notifying the other party.

Case law of note

No appellate decision in West Virginia has materially reshaped the participant-recording rule in recent decades. Lower-court decisions exist but do not change the analytical framework set by the statute and by general federal precedent under § 2511.

Edge cases and special rules

  • In-person vs. phone. Same — one-party
  • Voicemail. Leaving a message creates the recording at the recipient’s direction; reviewing one’s own voicemail is not interception.
  • Vicarious consent. Several federal courts have recognized a parental-consent doctrine permitting a parent to consent on behalf of a minor child (Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998)). State law varies; no controlling West Virginia appellate decision on the question.
  • Law enforcement. Court-authorized intercepts are governed by a separate framework and are outside the scope of this page.
  • Cross-border calls. Where any participant is in an all-party state, treat the stricter rule as the safer default. See cross-border calls.

Penalties and remedies

Criminal: Felony; 1-5 years.

Civil: Yes — § 62-1D-12 provides a civil action.

Evidence: a recording made in violation of the West Virginia statute is generally inadmissible in West Virginia proceedings. Federal § 2515 separately bars use of unlawfully intercepted communications in federal proceedings.

Practical guidance

  • If you are recording an ordinary phone call: you may record without notifying the other party, but verbal consent is the safer practice if the recording may be used in a proceeding.
  • Suggested opening: See our consent script templates for jurisdiction-specific language.
  • If the other party objects: stop recording. Continued recording over an objection is a separate factual question that no consent statute helps you with.
  • What to keep: the date and time of the call, the parties’ phone numbers, a description of the consent given (express verbal, continued participation after notice, etc.), and the audio file itself.

Compare to

Resources for West Virginia

Frequently asked questions

Is West Virginia a one-party consent state?

Yes. West Virginia is a one-party consent state. Under W. Va. Code § 62-1D-3, you can legally record a phone call you are part of without telling the other people on the call. Recording a conversation you are not part of, without a participant’s consent, is illegal.

Can I record a phone call in West Virginia without the other person knowing?

Yes, if you are a participant in the call. West Virginia law does not require you to tell the other party. Announcing the recording is still the safer practice if it may be used in court, or if anyone on the call is in an all-party consent state.

Does the same rule apply to in-person conversations in West Virginia?

Yes. West Virginia applies the same one-party rule to in-person conversations.

What is the penalty for illegally recording a call in West Virginia?

Criminal: Felony; 1-5 years. Civil: Yes — § 62-1D-12 provides a civil action.

Can a phone recording be used as evidence in West Virginia?

A recording made in violation of West Virginia law is generally inadmissible in West Virginia proceedings, and federal law (18 U.S.C. § 2515) bars unlawfully intercepted communications in federal proceedings. A lawfully made recording can be admissible, but it must still be authenticated and relevant — ask a lawyer before relying on one.

What if the other person on the call is in a different state?

When a call crosses state lines, courts may apply the stricter state’s law. If anyone on the call is in an all-party consent state such as California, Florida or Illinois, get everyone’s consent before recording. See cross-border calls.