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West Virginia is a one-party consent state when it comes to audio recording, meaning that if you intend on recording a conversation, at least one person in the conversation must consent for the recording to be legal [1]. If you're a participant in a conversation, you can be the one person to consent to the recording.

Only a few states, such as California, Delaware, Florida, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington, have not adopted such laws, making it illegal to record a conversation without the consent of all parties involved in those states.

Anyone whose in-person, telephone or electronic conversation has been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages or $100 a day for each day of the violation, as well as punitive damages, attorney's fees and court costs. W. Va. Code § 62-1D-12.

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.

It is against the law to record a telephone communication or a communication made by a person other than a sender or receiver, without the consent of either the sender or receiver. For civil cases, however, it is not a one-party consent state. There are also different rules for in-person recording vs.

If you are caught wiretapping (recording conversations without the consent of anyone involved), you could be sued for damages by the injured party. If you are caught wiretapping, you can be charged with a Class 6 Felony. If convicted, you will serve 1 to 5 years in prison and a fine of up to $2,500.