What consent is required for SMS Compliance 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 SMS Compliance Compliance

Text message marketing 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 SMS Compliance operations here.

Consent Requirements

Consent LevelPrior Express

Checkbox ConsentValid

StatuteVa. Code Ann. § 59.1-514; 47 U.S.C. § 227

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.

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

SMS Compliance Compliance Checklist

01Obtain express written consent before sending marketing texts

02Use compliant opt-in language identifying your company

03Honor STOP/OPT-OUT/UNSUBSCRIBE replies immediately

04Send opt-out confirmation within one text

05Disclose message frequency at opt-in

06Include "Msg & Data rates may apply" disclosure

07Do not send texts during prohibited hours

08Scrub against DNC lists before campaigns

09Check if state requires one-to-one consent

10Register 10DLC campaigns before sending

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

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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 →