What consent is required for AI Voice in Virginia?

Virginia has a mini-TCPA (Va. Code § 59.1-514 et seq. (Telephone Privacy Protection Act)) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

What are the calling hour restrictions in Virginia?

Virginia restricts telemarketing calls to 08:00:00–21:00:00 local time.

What is the penalty per violation in Virginia?

Up to $5,000 per violation (or $25,000 for willful violations). Private right of action available.

Is registration required to telemarket in Virginia?

Virginia does not require separate telemarketer registration; federal FTC rules still apply.

Home / States / Virginia

Virginia Telecom Compliance Guide

Telecom Compliance Reference — Updated January 2024

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$5,000

Registration

Not Required

Overview Calling Hours Consent Registration DNC Compliance DNC Registry Enforcement Case Law Legislation

Virginia AI Voice Compliance

AI-generated voice agent compliance rules in Virginia

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Mini-TCPA State — Va. Code § 59.1-514 et seq. (Telephone Privacy Protection Act)

Virginia has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for AI Voice operations here.

Consent Requirements

Consent LevelWritten Consent Required

One-to-One Consent Required

Shared consent from lead generators is NOT valid. Consent must specifically name your company.

Checkbox ConsentNot sufficient

StatuteVa. Code Ann. § 59.1-514; 47 U.S.C. § 227; FCC Declaratory Ruling Feb 2024

AI-generated voice calls treated as artificial/prerecorded under FCC February 2024 ruling. Prior express written consent required. Virginia's VTPPA penalties and private right of action add state-level liability.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationNot Required

Penalty / Violation$5,000

Willful Violation$25,000

Private Right of ActionYES

AI Voice Compliance Checklist

01Disclose AI nature at start of call — many states require this

02Obtain prior express consent before using AI voice

03Honor opt-out during the call immediately

04Check if state's ATDS definition covers AI voice dialers

05Apply same calling-hours rules as live agents

06Scrub DNC lists before each campaign

07Maintain call records and consent documentation

08Register as telemarketer if state requires

09Ensure AI cannot misrepresent itself as human

10Check for state-specific AI disclosure mandates

This checklist covers common requirements. State-specific rules may vary. Confirm with legal counsel for high-volume campaigns.

Recent AI Voice Enforcement in Virginia

AI Sales Corp of Virginia

$415,000

Jul 2024 · mixed

VA AG enforcement against AI voice calls without disclosure or consent.

All enforcement actions →

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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →