Can you record a phone call in West Virginia?
You can record a call you take part in without asking the others. West Virginia's wiretap law only forbids it when the purpose is a crime or a civil wrong.
- Phone calls
- West Virginia Code section 62-1D-3 makes intercepting a call or other electronic communication a felony. Subsection (e) makes it lawful when you are a party to the communication or one party gave prior consent, unless the recording is made to commit a crime or a civil wrong under state or federal law.
- Business calls
- West Virginia sets no notice rule for a participant who records, and it has no general consumer privacy law. If the other person may be in an all-party state such as California or Washington, announce the recording and get consent. Disclosing or using a call you know was illegally intercepted is also a felony.
- What counts as consent
- As a participant, your own consent is enough. West Virginia requires no beep or announcement. For a call you are not part of, one participant must give prior consent.
- Penalties
- Felony: up to 5 years in prison, a fine up to $10,000, or both. Victims can sue for actual damages or $100 a day, whichever is greater, plus punitive damages and legal fees (Code 62-1D-12).
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- In-person conversations follow the same rule where the speaker expects privacy. The state's top court held that talk inside a home stayed private even though neighbors could hear (David L., 1994).
- Talk in open public places, where nobody can reasonably expect privacy, can be recorded without consent.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- West Virginia Code 62-1D-3 (West Virginia Legislature)statute
- W. Va. Code 62-1D-3, FindLaw copy current to January 2024guide
- 18 U.S.C. 2511, federal Wiretap Act (govinfo)statute
- Reporters Committee for Freedom of the Press: West Virginia recording guideguide
- State data privacy laws overview (RecordingLaw, 2026)guide
Other states
More free tools
Questions
Is West Virginia a one-party consent state?
Yes. You can record a call you take part in without asking the others. West Virginia's wiretap law only forbids it when the purpose is a crime or a civil wrong.
Can a business record calls in West Virginia?
West Virginia sets no notice rule for a participant who records, and it has no general consumer privacy law. If the other person may be in an all-party state such as California or Washington, announce the recording and get consent. Disclosing or using a call you know was illegally intercepted is also a felony.
What counts as consent in West Virginia?
As a participant, your own consent is enough. West Virginia requires no beep or announcement. For a call you are not part of, one participant must give prior consent.
What happens if you record a call illegally in West Virginia?
Felony: up to 5 years in prison, a fine up to $10,000, or both. Victims can sue for actual damages or $100 a day, whichever is greater, plus punitive damages and legal fees (Code 62-1D-12).
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
