West Virginia Code § 61-3-24c

Intercepting or monitoring customer telephone calls; penalty
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(a) It is unlawful for any person, firm or corporation to intercept or monitor, or to attempt to
intercept or monitor, the transmission of a message, signal or other communication by
telephone between an employee or similar agent of such person, firm or corporation and a
customer of such person, firm or corporation unless such person, firm or corporation does all
of the following: e
(1) Notifies each employee or agent subject to interception or monitoring that their
telephone messages are subject to interception or monitoring.
(2) Provides telephone instruments for employee's personal use which are not subject to
intercepting or monitoring.
Any person, firm or corporation violating the provisionas of this section is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less than $50 nor more than
$200, or imprisoned in the county jail not more thaln one year, or both fined and imprisoned.
(b) Nothing contained in this section shall require marking of telephone instruments nor
require consent to interception or monitoriing, in the case of a wiretap or other form of
monitoring which is engaged in for the sole purpose of law enforcement and which is lawful
in all other respects.
(c) The Public Service Commission shall not issue any rule or regulation requiring or
suggesting the monitoring of any message, signal or other communication by telephone to or
from any telephone utility customer so as to obtain the content or substance of any such
communication.

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