WEST VIRGINIA is considered a One-Party Consent State, in that at least one person involved in the recorded communication must give permission.
As per the Justia website1,
In West Virginia it is a felony punishable by fine and/or imprisonment to record an oral or phone communication without the consent of at least one party, or with criminal or tortious intent. Victims may also seek civil damages. WV Code § 62-1D-3 (definition & penalty), § 62-1D-12 (civil damages)
As per the Upcounsel website2,
Video surveillance laws differ greatly from state to state. There’s a total lack of federal laws prohibiting video surveillance in public, in the workplace, and elsewhere, sometimes known as CCTV, or closed-circuit television. Most states allow this surveillance to occur, but there are some small exceptions and some circumstances that require monitoring on a case-by-case basis.
Federal and state laws differ as to the legality of recording phone calls and conversations. Determining which jurisdiction’s law controls in cases involving recording devices or parties in multiple states can be complex, so it is likely best to adhere to the strictest applicable law when in doubt, and/or get the clear consent of all parties before recording.
If you discover any of the above information has changed, is outdated, or is otherwise incorrect before we do, please drop us an email and let us know. Thank you.
*Information in the "Policy" section does not constitute as legal advice. Please consult an attorney for any and all legal advice. (1) Recording Phone Calls and Conversations https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/ (2) Video Surveillance Laws by State: Everything You Need to Know, https://www.upcounsel.com/video-surveillance-laws-by-state