Virginia Consent Requirements
What consent you need before calling or texting consumers in Virginia
Mini-TCPA State — Stricter than Federal
Virginia has enacted Va. Code § 59.1-514 et seq. (Telephone Privacy Protection Act) which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Virginia for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Prior Express | No | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Prior Express | No | No | Valid |
| Ringless Voicemail | Written Consent Required | Required | No | Not Sufficient |
| MMS | Prior Express | No | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Manual cold calling is permitted in VA with telemarketer registration ($50,000 bond), DNC scrubbing (state and federal), and calling hour compliance. Virginia has a private right of action with $500 per violation. The $50,000 bond requirement and $500/violation statutory damages make Virginia one of the more heavily regulated states for telemarketing.
ATDS Definition
Virginia does not define ATDS more broadly than federal. Defaults to post-Duguid standard.
Exemptions
EBR (18-month limit), prior consent, licensed professionals exempt from registration (not from DNC/calling rules).
Statute
Va. Code Ann. § 59.1-510 et seq.; 47 U.S.C. § 227
SMS
Notes
Virginia has no state-specific SMS statute separate from the general automated solicitation restrictions. Federal TCPA governs text messages. The VTPPA private right of action ($500/violation) could apply to unsolicited marketing texts.
ATDS Definition
No VA-specific ATDS definition for SMS. Federal TCPA post-Duguid standard applies.
Exemptions
EBR exemption may apply to transactional messages.
Statute
Va. Code Ann. § 59.1-514; 47 U.S.C. § 227
AI Voice
Notes
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.
ATDS Definition
No VA-specific AI voice regulation. Federal TCPA and FCC February 2024 declaratory ruling apply.
Statute
Va. Code Ann. § 59.1-514; 47 U.S.C. § 227; FCC Declaratory Ruling Feb 2024
Prerecorded
Notes
Virginia requires prior consent for prerecorded solicitation messages. Criminal (Class 1 misdemeanor) and civil penalties apply. Private right of action with $500 per violation.
ATDS Definition
Prerecorded solicitation calls require prior consent. Systems must disconnect within 5 seconds.
Exemptions
Prior consent and EBR provide exemptions.
Statute
Va. Code Ann. § 59.1-514; 47 U.S.C. § 227
Ringless Voicemail
Notes
Ringless voicemail not specifically addressed by Virginia law. FCC treats RVM as calls requiring prior express written consent for marketing. Federal TCPA governs.
ATDS Definition
No VA-specific regulation. FCC treats RVM drops as calls under the TCPA.
Statute
47 U.S.C. § 227; FCC rulings on ringless voicemail
MMS
Notes
MMS treated identically to SMS under federal TCPA. No separate VA state-level MMS statute.
ATDS Definition
No VA-specific MMS regulation. Federal TCPA applies same as SMS.
Exemptions
Same exemptions as SMS.
Statute
47 U.S.C. § 227
Fax
Notes
Virginia's VTPPA covers telephone solicitation broadly, which may include fax. Federal Junk Fax Prevention Act is primary governance. EBR and prior consent exemptions apply.
ATDS Definition
Federal Junk Fax Prevention Act and TCPA apply. No VA-specific fax statute beyond VTPPA coverage.
Exemptions
EBR provides exemption under federal law.
Statute
Va. Code Ann. § 59.1-510 et seq.; 47 U.S.C. § 227(b)(1)(C)
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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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 →