West Virginia recording consent laws
Last reviewed: . Checked against the official statute text.
General information, not legal advice. Laws change; consult an attorney about your situation.
Quick Answer
West Virginia law uses the same rule for recording in-person conversations and phone calls.
- In person: One-party consent.
- Phone calls: One-party consent.
In-person conversations: One-party consent
Under West Virginia law, it is lawful for a person to intercept a wire, oral or electronic communication where the person is a party to the communication or where one of the parties has given prior consent, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of federal or state constitutional or statutory law.
(e) It is lawful under this article for a person to intercept a wire, oral or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the United States or the constitution or laws of this state:
Phone calls: One-party consent
Under this statute, intercepting a wire, oral, or electronic communication is lawful if the person intercepting it is a party to the communication or if one of the parties has given prior consent, unless the interception is done to commit a criminal or tortious act under state or federal law.
The same statute text quoted above applies (W. Va. Code § 62-1D-3(e)).
What this means in common sales settings
- In-home sales visits
- A sales conversation in a customer's home is an in-person conversation, which the in-person rule describes: One-party consent.
- Dealership and retail floors
- A conversation on a showroom, dealership or store floor is also an in-person conversation: One-party consent.
- Field sales
- A field rep's face-to-face meetings follow the in-person rule above. Calls follow the phone rule: One-party consent.
- Calls across state lines
- When a call connects people in different states, more than one state's law can be relevant. This page describes West Virginia law only; the guide's index lists the other jurisdictions it covers.
How the Itero app handles consent
The Itero mobile app for iPhone and Android asks the rep to confirm that everyone present agreed before every in-person recording, and Itero keeps a timestamped record of that consent. The app is in English. Virtual ride-alongs in the Itero app