Virginia TCPA and telemarketing law
Virginia has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | Va. Code § 59.1-510 et seq.; Va. Code § 59.1-518.1 et seq. | ↗ |
| Consent standard | Prior express consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $500 / violation · up to $5,000 willful | ↗ |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
Virginia's Telephone Privacy Protection Act (Va. Code § 59.1-510 et seq.) covers telephone solicitation calls and texts to Virginia area codes or Virginia residents. Solicitors may not call or text numbers on the National Do Not Call Registry or anyone who has asked not to be contacted, and a texted STOP or UNSUBSCRIBE must be honored for at least 10 years. Callers must identify themselves, send caller ID and call only from 8:00 a.m. to 9:00 p.m. without prior consent. A separate chapter bars automatic dialing-announcing devices for commercial solicitations unless the subscriber consented or a live operator first obtains consent.
An aggrieved person can sue for $500 for a first violation, $1,000 for a second and $5,000 for each later one, with willful first or second violations raised to as much as $5,000, plus attorney fees. The Attorney General and local prosecutors can also sue and seek civil penalties up to $5,000 per willful violation.
Source: Va. Code § 59.1-510 et seq.; Va. Code § 59.1-518.1 et seq. ↗