Texting & Voicemail Rules for Sales Reps in West Virginia
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).
By Ryan Madden, Founder, FollowUp AI · Updated June 16, 2026 · This is a general summary of common rules, not legal advice. Confirm specifics with counsel.
West Virginia SMS & voicemail compliance at a glance
| 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 |
Per-recipient timezone quiet hours, opt-out handling, and consent tracking — built in. Start free →
Frequently asked questions
Do I need consent to text sales leads in West Virginia?
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.
What are the texting quiet hours in West Virginia?
In West Virginia, send marketing messages only 8:00 AM – 9:00 PM at the recipient's local time. Matches federal default
Is there a storm or insurance-claim solicitation ban in West Virginia?
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.
Can I be sued for texting violations in West Virginia?
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).
Does an existing customer relationship (EBR) let me skip consent in West Virginia?
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.
About the author. Ryan Madden is the founder of FollowUp AI, an SMS and ringless-voicemail follow-up platform for field sales teams, where he works on TCPA-aware outreach compliance. This is general information, not legal advice.