To text or send ringless voicemail to sales leads in West Virginia, you need prior express written consent (PEWC) under the federal TCPA (47 CFR 64.1200(f)(9)) — a purchased list is not consent. Send only during 8:00 AM – 9:00 PM at the recipient's local time, honor STOP opt-outs immediately, and include your business name. West Virginia's key statute is W. Va. Code 46A-6F, and it carries a private right of action (recipients can sue directly).
| Consent for automated marketing | Prior express written consent (PEWC) — 47 CFR 64.1200(f)(9) |
|---|---|
| Quiet hours | 8:00 AM – 9:00 PM — Matches federal default |
| State EBR exemption | No state EBR exemption |
| State DNC registry | Yes — scrub against the state list |
| Private right of action | Yes — recipients can sue directly |
| Penalties | $5,000/violation |
| Call-recording consent | One-party consent |
| Risk tier | Standard |
| Key statute | W. Va. Code 46A-6F |
Yes. Automated marketing texts (and ringless voicemail) require prior express written consent (PEWC) under the federal TCPA, 47 CFR 64.1200(f)(9), in every state including West Virginia. A purchased lead list is not consent.
In West Virginia, send marketing messages only 8:00 AM – 9:00 PM at the recipient's local time. Matches federal default
West Virginia has no special storm-solicitation ban beyond the standard federal rules. Roofing/restoration insurance-claim restrictions exist only in FL, TX, and LA.
Yes — West Virginia provides a private right of action, so recipients can sue you directly in addition to the federal TCPA ($500–$1,500 per violation).
An EBR (18 months from a purchase, 3 months from an inquiry) only exempts you from the Do-Not-Call registry — it does not replace PEWC for automated marketing. You still need written consent to send automated texts or voicemail.