State law · State telemarketing laws
Virginia Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA
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Overview
Virginia has one of the more active state telemarketing regimes. Its core is the Virginia Telephone Privacy Protection Act (VTPPA), Va. Code §§ 59.1-510 through 59.1-518.01. The VTPPA regulates "telephone solicitations" made to Virginia residences, to Virginia area codes, and to phones registered to Virginia residents. It covers:
- calling hours;
- solicitor identification;
- caller ID transmission;
- abandoned calls;
- company-specific do-not-call requests, which must be honored for 10 years;
- calls to numbers on the National Do Not Call Registry;
- joint liability of sellers and telemarketers.
Since January 1, 2026, the VTPPA has also covered marketing text messages. Chapter 626 of the 2025 Acts of Assembly (S.B. 1339) made that change. A text recipient opts out by replying "UNSUBSCRIBE" or "STOP."
Two other statutes add to the VTPPA:
- Automatic Dialing-Announcing Devices (Chapter 44.1, §§ 59.1-518.1 through 59.1-518.4). Virginia defines an automatic dialing-announcing device by what it does: it selects and dials numbers and plays a prerecorded or synthesized voice message. The federal autodialer definition after Facebook v. Duguid is narrower. Violations are enforced under the Virginia Consumer Protection Act (VCPA).
- Virginia Home Solicitation Sales Act (§ 59.1-21.1 et seq.). It gives a three-business-day cancellation right for sales solicited by telephone at a residence without prior invitation.
Remedies. The VTPPA's private remedy escalates: $500 for a first violation, $1,000 for a second, and $5,000 for each later violation. Willful violations can be raised to $5,000, and the court may award attorney fees and costs. Unlike the federal private do-not-call claim, the VTPPA registry claim does not require more than one call in a 12-month period.
Public enforcement. The Attorney General, Commonwealth's attorneys and local government attorneys can enforce the Act.
Not in Virginia law:
- registration or bonding of telemarketers;
- a state do-not-call list.
Source note: statute text below is from the official Code of Virginia on the Legislative Information System (law.lis.virginia.gov), fetched and printed on October 15, 2026. That site already shows future versions of § 59.1-200 effective through July 1, 2027, so the 2026 session's enactments are reflected. The latest history entry for §§ 59.1-510 through 59.1-514.1 is 2025, c. 626. A 2026 bill to add caller ID authentication duties for voice service providers (H.B. 743) is not in the Code.
Key statutes table
| Law | Citation | What it covers |
|---|---|---|
| Definitions | Va. Code § 59.1-510 | Established business relationship (18 months and 3 months); personal relationship; responsible person; seller; telephone solicitation (calls and texts); telephone solicitor |
| Calling hours | § 59.1-511 | 8:00 a.m. to 9:00 p.m. at the contacted person's location, unless prior consent |
| Identification | § 59.1-512 | First and last name and the seller's name, for voice calls |
| Caller ID | § 59.1-513 | Transmit number and name; number must accept do-not-call requests; no blocking or spoofing; seller substitution |
| Abandoned calls | § 59.1-513.1 | Prerecorded identification message if no live representative within two seconds |
| Do-not-call | § 59.1-514 | Company-specific requests honored 10 years; text opt-out by "UNSUBSCRIBE" or "STOP"; National Registry; safe harbor; exemptions |
| Joint liability | § 59.1-514.1 | Seller and solicitor jointly and severally liable; rebuttable presumption |
| Private action | § 59.1-515 | $500, $1,000, then $5,000 per violation; up to $5,000 if willful; fees and costs |
| Investigations | § 59.1-516 | Attorney General civil investigative demands |
| Public enforcement | § 59.1-517 | Attorney General, Commonwealth's attorneys and localities; civil penalty up to $5,000 per willful violation |
| Other remedies | § 59.1-518 | Cumulative remedies |
| Automatic dialing-announcing devices | §§ 59.1-518.1 to 59.1-518.4 | Definition; consent or live-operator requirement; five-second disconnect; VCPA enforcement |
| VCPA remedies | §§ 59.1-204, 59.1-204.1, 59.1-206 | Private damages and two-year limitations; Attorney General civil penalties |
| Home solicitation sales | §§ 59.1-21.2 to 59.1-21.4 | Telephone solicitation at a residence; three-business-day cancellation; required notice |
Detailed provisions
1. Scope and definitions
Telephone solicitation. The VTPPA covers two channels. It means "(i) any telephone call made or initiated to any natural person's residence in the Commonwealth, to any landline or wireless telephone with a Virginia area code, or to a landline or wireless telephone registered to any natural person who is a resident of the Commonwealth or (ii) any text message sent to any wireless telephone with a Virginia area code or to a wireless telephone registered to any natural person who is a resident of the Commonwealth". The call or text must be made "for the purpose of offering or advertising any property, goods, or services for sale, lease, license, or investment, including offering or advertising an extension of credit".
The definition also reaches calls "for the purpose of fraudulent activity". That includes conduct that results in "the display of false or misleading caller identification information" on the recipient's phone.
Telephone solicitor and seller. A "Telephone solicitor" is "any person who makes or initiates, or causes another person to make or initiate, a telephone solicitation on its own behalf or for its own benefit or on behalf of or for the benefit of a seller." A "Seller" is "any person on whose behalf or for whose benefit a telephone solicitation offering or advertising the person's property, goods, or services is made or initiated."
Responsible person. This is the defendant the remedies sections reach. It means "either or both of (i) a telephone solicitor or (ii) a seller". A seller counts if the solicitation is presumed to have been made on the seller's behalf and the presumption is not rebutted under § 59.1-514.1(B).
Established business relationship. The definition is based on (i) the contacted person's purchase from, or transaction with, the seller "within the 18 months immediately preceding the date of the solicitation", or (ii) the contacted person's inquiry or application "within the three months immediately preceding the date of the solicitation." The official text runs "contacted" and "person" together in three places. Chapter 626 shows the intended wording is "contacted person".
Personal relationship. This means "the relationship between a telephone solicitor making or initiating a telephone solicitation and any family member, friend, or acquaintance of that telephone solicitor."
The VTPPA reaches only offers of property, goods, services, investment or credit. Charitable and political calls fall outside the definition unless they offer something for sale.
2. Registration and bonding
Virginia does not require telemarketers to register or post a bond under the VTPPA or Chapter 44.1. We found no general telemarketer licensing statute. Industry-specific licensing, such as for insurance or lending, and charitable solicitation registration are outside this page.
3. Calling hours
Section 59.1-511: "No telephone solicitor shall initiate, or cause to be initiated, a telephone solicitation at any time other than between 8:00 a.m. and 9:00 p.m. local time at the contacted person's location, unless the telephone solicitor has obtained the prior consent of the contacted person."
Since January 1, 2026, the hours rule also governs marketing texts, because the definition of telephone solicitation now includes texts. Chapter 626 changed "called person" to "contacted person" in this section.
4. Call frequency
Virginia sets no numeric cap on solicitation attempts. Frequency matters in two other ways:
- Damages escalate per violation. They run $500 for a first violation, $1,000 for a second and $5,000 for each later one (§ 59.1-515(A)).
- A single call can support a registry claim. The federal private registry claim requires "more than one telephone call within any 12-month period by or on behalf of the same entity" (47 U.S.C. § 227(c)(5)). Section 59.1-514(B) and § 59.1-515 contain no such threshold.
The Eastern District of Virginia noted the second point in Gonzalez v. Homefix Custom Remodeling Corp. (2023), discussed below.
5. Automatic dialing-announcing devices, prerecorded messages and Facebook v. Duguid
Chapter 44.1 regulates robocall equipment. An "Automatic dialing-announcing device" is "a device that (i) selects and dials telephone numbers and (ii) working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called."
This definition does not require a random or sequential number generator. In Facebook, Inc. v. Duguid (U.S. 2021), the Supreme Court read that requirement into the federal automatic telephone dialing system definition at 47 U.S.C. § 227(a)(1). Virginia's definition turns instead on whether the device selects and dials numbers and plays a recorded or synthesized voice. So equipment outside the federal autodialer definition after Duguid may still be an automatic dialing-announcing device in Virginia, if it delivers a prerecorded or synthesized voice message.
Consent requirement (§ 59.1-518.2). "A caller shall not use an automatic dialing-announcing device in connection with making a commercial telephone solicitation unless" one of two conditions is met:
- "The subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message"; or
- "The message is immediately preceded by a live operator" who discloses four things and then obtains the subscriber's consent before the solicitation is delivered:
- "the name of the entity sending the message";
- "the purpose of the message";
- "the kinds of goods or services the message is promoting"; and
- if applicable, "the fact that the message intends to solicit payment or the commitment of funds".
Commercial telephone solicitation. It means "any unsolicited call to a subscriber when (i) the person initiating the call has not had a prior business or personal relationship with the subscriber and (ii) the purpose of the call is to solicit the purchase or the consideration of the purchase of goods or services by the subscriber." Calls by the Commonwealth or a political subdivision "for exclusively public purposes" are excluded. A "Subscriber" includes the person who subscribes to telephone service and "other persons living or residing with the person."
Disconnect rule (§ 59.1-518.3). A caller may not use an automatic dialing-announcing device "or other device that disseminates a prerecorded or synthesized voice message" unless the device is "designed and operated to disconnect, disengage, or terminate within five seconds after the party called terminates the telephone call". The rule applies to all such devices, not only to commercial solicitations.
Enforcement (§ 59.1-518.4). "Any violation of the provisions of this chapter shall constitute a prohibited practice pursuant to the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.)."
Federal law also applies. Prerecorded telemarketing calls to residential lines require prior express written consent, with no established business relationship exception (47 C.F.R. § 64.1200(a)(3)). Virginia's Chapter 44.1 consent standard is looser on its face ("knowingly or voluntarily requested, consented to, permitted, or authorized"). A caller must meet both standards.
6. Text messages
Chapter 626 of the 2025 Acts took effect January 1, 2026. It brought marketing texts into the VTPPA in four ways:
- Definition. Texts to Virginia area code wireless numbers, or to wireless phones registered to Virginia residents, are telephone solicitations (§ 59.1-510).
- Caller ID. "In the case of a telephone solicitation via text message, this requirement is satisfied if the number so provided accepts a request by reply text message not to receive future text messages as provided in subsection A of § 59.1-514" (§ 59.1-513(A)).
- Opt-out. "In the case of a telephone solicitation via text message, such statement shall be made by replying to the text message with the word "UNSUBSCRIBE" or "STOP."" The request must be honored for at least 10 years (§ 59.1-514(A)).
- Limits on earlier duties. The identification rule (§ 59.1-512) and the abandoned-call rule (§ 59.1-513.1) now apply only to solicitations "via telephone call."
The hours rule, the National Registry prohibition, and the private and public remedies apply to texts as to calls.
The Virginia opt-out mechanism for texts is narrower than the federal revocation rule. Under the federal rule, a called party may revoke consent "by using any reasonable method", and the words "stop," "quit," "end," "revoke," "opt out," "cancel," or "unsubscribe" are each reasonable per se (47 C.F.R. § 64.1200(a)(10)). Senders should honor all federal revocation methods, even though only "UNSUBSCRIBE" and "STOP" trigger the Virginia text opt-out.
7. Caller ID
Under § 59.1-513(A), "A telephone solicitor who makes a telephone solicitation shall transmit the telephone number, and, when available by the telephone solicitor's carrier, the name of the telephone solicitor." In addition, "The number so provided must permit, during regular business hours, any individual to make a request not to receive telephone solicitations."
Section 59.1-513(B) bars blocking and spoofing. "No telephone solicitor shall take any intentional action to prevent the transmission of the telephone solicitor's name or telephone number to any person receiving a telephone solicitation or engage in any conduct that results in the display of false or misleading identification information on the contacted person's telephone."
Seller substitution is allowed. "It shall not be a violation of this section to substitute for the name and telephone number used in, or billed for, making the solicitation the name of the person on whose behalf the telephone solicitation is being made and that person's customer service telephone number."
8. Disclosures and opt-out
Identification (§ 59.1-512). "A telephone solicitor who makes a telephone solicitation via telephone call shall identify himself by his first and last names and the name of the person on whose behalf the telephone solicitation is being made promptly upon making contact with the recipient of such solicitation." Requiring the solicitor's first and last names goes further than federal law. The federal rules require the name of the individual caller, the seller, and a contact number (47 C.F.R. § 64.1200(d)(4)).
Abandoned calls (§ 59.1-513.1). "Whenever a live sales representative is not available to speak with the person answering a telephone solicitation via telephone call within two seconds of the person's completed greeting, the telephone solicitor shall play a prerecorded identification message that states the name and telephone number of the person on whose behalf the telephone solicitation was being made." That number must also permit do-not-call requests during regular business hours. The federal rules use the same two-second trigger. They also cap abandonment at three percent of live-answered calls per 30-day campaign (47 C.F.R. § 64.1200(a)(7); 16 C.F.R. § 310.4(b)(4)). Virginia has no rate cap.
Live-operator disclosures for robocalls. See section 5 above for the § 59.1-518.2 disclosures.
9. Do-not-call
Company-specific requests (§ 59.1-514(A)). "No telephone solicitor shall initiate, or cause to be initiated, a telephone solicitation to a telephone number when a person at such telephone number previously has stated that he does not wish to receive a telephone solicitation made by or on behalf of the person on whose behalf the telephone solicitation is being made."
The request may be made to the solicitor or to the seller. "Any such request not to receive telephone solicitations shall be honored for at least 10 years from the time the request is made." The federal rule requires five years: "A do-not-call request must be honored for 5 years from the time the request is made" (47 C.F.R. § 64.1200(d)(6)).
National Registry (§ 59.1-514(B)). "No telephone solicitor shall initiate, or cause to be initiated, a telephone solicitation to a telephone number on the National Do Not Call Registry maintained by the federal government pursuant to the Telemarketing Sales Rule, 16 C.F.R. Part 310, and 47 C.F.R. § 64.1200." Virginia has no state list.
Safe harbor (§ 59.1-514(C)). It is an affirmative defense that the defendant "has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this section". This includes using a version of the National Registry "obtained from the administrator of the registry no more than 31 days prior to the date any telephone solicitation is made."
Exemptions (§ 59.1-514(D)). For § 59.1-514 only, a telephone solicitation does not include a call made to any person in three situations:
- "(i) with that person's prior express invitation or permission as evidenced by a signed, written agreement stating that the person agrees to be contacted by or on behalf of a specific party and including the telephone number to which the call may be placed";
- "(ii) with whom the person on whose behalf the telephone call is made has an established business relationship"; or
- "(iii) with whom the telephone solicitor making the telephone call has a personal relationship."
These exemptions yield to an opt-out. "The exemption for an established business relationship or a personal relationship shall not apply when the person called previously has stated that he does not wish to receive telephone solicitations as provided in subsection A."
The § 59.1-514(D) exemptions speak of a "telephone call." Chapter 626 did not add text-specific language to subsection D. Whether the signed-agreement, established business relationship and personal relationship exemptions apply to texts is a drafting question.
10. Contract and cancellation rules
Home solicitation sales. The Virginia Home Solicitation Sales Act defines a home solicitation sale to include a consumer sale or lease where the seller engages "in a solicitation of the sale or lease by telephone or electronic means at any residence other than that of the seller without prior invitation or appointment", and the buyer's agreement or offer is "there given to the seller" (§ 59.1-21.2(A)).
The definition excludes:
- "cash sales of less than $25";
- sales under a preexisting revolving charge account;
- sales made "pursuant to prior negotiations between the parties"; and
- "sales made entirely by telephone or electronic means at the initiation of the buyer and without any other contact between the buyer and the seller or its representative prior to the delivery of goods or performance of services."
Cancellation right. The buyer "has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with § 59.1-21.4" (§ 59.1-21.3(1)). "Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase." The notice "need not take a particular form." With a narrow emergency exception, "any waiver or modification of a buyer's right to cancel is void and of no effect."
Required notice. Section 59.1-21.4 requires a boldface statement of at least ten points under the caption "BUYER'S RIGHT TO CANCEL," together with a notice of cancellation form.
Violating the Home Solicitation Sales Act is a prohibited practice under the VCPA. Section 59.1-200(A)(19) lists "Violating any provision of the Virginia Home Solicitation Sales Act".
11. Exemptions
The VTPPA exemptions are those discussed above:
- Scope. Only offers of property, goods, services, investment or credit are covered, along with fraudulent calls (§ 59.1-510).
- Hours. The hours rule does not apply with "prior consent" (§ 59.1-511).
- Do-not-call. The signed written agreement, established business relationship and personal relationship exemptions apply, subject to opt-out (§ 59.1-514(D)).
Chapter 44.1 excludes from "commercial telephone solicitation" calls by a person with "a prior business or personal relationship with the subscriber," and government calls "for exclusively public purposes."
12. Private right of action, damages and limitations
VTPPA (§ 59.1-515). "Any natural person who is aggrieved by a violation of this chapter shall be entitled to initiate an action against any responsible person to enjoin such violation and to recover from any responsible person damages in the amount of $500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation."
The rest of the section provides:
- Willfulness. "If the court finds a willful violation, the court may, in its discretion, increase the amount of any damages awarded for a first or second violation under subsection A to an amount not exceeding $5,000."
- Fees. In addition to damages, the person "may be awarded under subsection A or B reasonable attorney fees and court costs."
- Forum. Damages actions may be filed "in an appropriate general district court or small claims court against any responsible person so long as the amount claimed does not exceed the jurisdictional limits". "Any action brought under this section that includes a request for an injunction shall be filed in an appropriate circuit court."
Joint liability (§ 59.1-514.1). A seller and the telephone solicitor "shall be jointly and severally liable" for violations of §§ 59.1-511 through 59.1-514. The presumption that a solicitation was made for the seller applies "whether or not any agency relationship exists between the telephone solicitor and the seller, whether or not the seller supervised or directed the conduct of the telephone solicitor, and whether or not the telephone solicitor is shown to have acted at the seller's direction and request". The seller may rebut it only "by clear and convincing evidence" that it "did not retain or request the telephone solicitor to make telephone solicitations on the seller's behalf or for the seller's benefit". It must also show that the solicitations "were made by the telephone solicitor without the seller's knowledge or consent."
This is broader than federal vicarious liability under the TCPA, which follows federal common-law agency principles.
The joint liability section does not list § 59.1-513.1 (abandoned calls).
Chapter 44.1 and the VCPA (§ 59.1-204). "Any person who suffers loss as the result of a violation of this chapter shall be entitled to initiate an action to recover actual damages, or $500, whichever is greater." If the violation is willful, damages may rise "to an amount not exceeding three times the actual damages sustained, or $1,000, whichever is greater," plus "reasonable attorneys' fees and court costs." The VCPA requires that the person "suffers loss." The VTPPA requires only that a natural person be "aggrieved."
Cumulative remedies. "Nothing in this chapter shall be construed to limit any remedies, causes of action or penalties available to any person or governmental agency under any other federal or state law" (§ 59.1-518).
Limitations.
- VCPA claims. Individual actions "shall be commenced within two years after such accrual" (§ 59.1-204.1(A)).
- VTPPA claims. The VTPPA has no limitations provision. The general catch-all for personal actions provides that every personal action "for which no limitation is otherwise prescribed, shall be brought within two years after the right to bring such action has accrued" (§ 8.01-248). We found no appellate decision applying a specific period to § 59.1-515 claims.
- Federal TCPA claims. These use the four-year federal catch-all period.
Case law. In Gonzalez v. Homefix Custom Remodeling Corp. (E.D. Va. 2023), a putative class asserted TCPA and VTPPA registry claims against a Maryland home improvement company. The court transferred the case to the District of Maryland under the first-to-file rule and 28 U.S.C. § 1404(a), where two similar class actions were already pending.
The court described the VTPPA's structure. It noted that "like the TCPA, the VTPPA prohibits phone calls to numbers listed on the national Do-Not-Call registry." It observed that "The VTPPA does not create a separate, Virginia Do-Not-Call registry". It also recognized that the proposed VTPPA class "only requires that Defendant have placed a single telemarketing call to a number on the national Do-Not-Call registry, whereas the Do-Not-Call classes in the Dribben and Miranda cases require more than one telemarketing call from Defendant."
That difference did not defeat transfer, because the first-to-file rule requires only "substantial overlap." The court found that "Plaintiff's Virginia claim is merely the state-law equivalent of the federal TCPA claims and is based on essentially the same conduct by Defendant as the federal TCPA claims".
13. Attorney General and agency enforcement
Investigations (§ 59.1-516). "Whenever the Attorney General has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of this chapter, the Attorney General is empowered to issue a civil investigative demand."
Public actions (§ 59.1-517(A)). "The Attorney General, an attorney for the Commonwealth, or the attorney for any locality may cause an action to be brought in the name of the Commonwealth or of the locality, as applicable, to enjoin any violation of this chapter by any responsible person and to recover from any responsible person damages for aggrieved persons in the amount of $500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation." In addition:
- Willful violations. The court may "also assess against any responsible person a civil penalty of not more than $5,000 for each such violation" (§ 59.1-517(B)).
- Costs. The government may recover "reasonable expenses incurred by the state or local agency in investigating and preparing the case, and attorney fees" (§ 59.1-517(C)).
- Where penalties go. Penalties in Commonwealth actions "shall be paid into the Literary Fund"; penalties in local actions go to the locality's general fund (§ 59.1-517(D)).
VCPA penalties for Chapter 44.1 and home solicitation violations. If a person "has willfully engaged in an act or practice in violation of § 59.1-200", the Attorney General, a Commonwealth's attorney or a local attorney may recover "a civil penalty of not more than $2,500 per violation" (§ 59.1-206(A)). Willfully violating an assurance of voluntary compliance or an injunction carries "a civil penalty of not more than $5,000 per violation" (§ 59.1-206(C)). Costs, investigative expenses "not to exceed $1,000 per violation," and attorney's fees are also recoverable (§ 59.1-206(D)).
Coordination (§ 59.1-518.01). The Attorney General must coordinate with the Department for Aging and Rehabilitative Services on information about "the prevention of potential patterns of financial exploitation."
How Virginia law differs from federal law
The federal baseline consists of the Telephone Consumer Protection Act (TCPA) at 47 U.S.C. § 227, the Federal Communications Commission (FCC) rules at 47 C.F.R. § 64.1200, and the Federal Trade Commission (FTC) Telemarketing Sales Rule (TSR) at 16 C.F.R. Part 310.
| Issue | Virginia | Federal (TCPA, FCC rule, TSR) |
|---|---|---|
| Who is covered | Calls to Virginia residences, Virginia area codes, or phones registered to Virginia residents; texts to Virginia area code or resident wireless phones (§ 59.1-510) | Residential subscribers and wireless numbers nationwide |
| Registration and bond | None | None |
| Calling hours | 8:00 a.m. to 9:00 p.m. at the contacted person's location, unless prior consent; applies to texts (§ 59.1-511) | 8 a.m. to 9 p.m. (47 C.F.R. § 64.1200(c)(1); 16 C.F.R. § 310.4(c)) |
| Identification | Solicitor's first and last names and seller's name, promptly (§ 59.1-512) | Caller's name, seller's name and contact number (47 C.F.R. § 64.1200(d)(4)); TSR prompt disclosures (16 C.F.R. § 310.4(d)) |
| Caller ID | Transmit number and name; number must accept do-not-call requests; no spoofing; seller's customer service number may be substituted (§ 59.1-513) | Transmission required for telemarketing (16 C.F.R. § 310.4(a)(8)) |
| Abandoned calls | Identification message if no live representative within two seconds; no rate cap (§ 59.1-513.1) | Same two-second message plus a three percent abandonment cap per 30-day campaign (47 C.F.R. § 64.1200(a)(7)) |
| Company-specific DNC | Honored at least 10 years; text opt-out by "UNSUBSCRIBE" or "STOP" (§ 59.1-514(A)) | Honored 5 years (47 C.F.R. § 64.1200(d)(6)); revocation by any reasonable method (§ 64.1200(a)(10)) |
| National Registry | Prohibition; a single call is actionable (§§ 59.1-514(B), 59.1-515) | Prohibition (47 C.F.R. § 64.1200(c)(2)); private claim needs more than one call in 12 months (47 U.S.C. § 227(c)(5)) |
| Safe harbor | Due-care procedures, registry no more than 31 days old (§ 59.1-514(C)) | Similar (47 C.F.R. § 64.1200(c)(2); 16 C.F.R. § 310.4(b)(3)) |
| Established business relationship | 18 months after transaction, 3 months after inquiry; lost on opt-out (§§ 59.1-510, 59.1-514(D)) | Same windows (47 C.F.R. § 64.1200(f)(5)) |
| Robocall equipment | Device that selects and dials numbers and plays a prerecorded or synthesized message; no random or sequential generator element (§ 59.1-518.1) | Random or sequential number generator capacity (47 U.S.C. § 227(a)(1); Duguid); prerecorded voice rules apply regardless |
| Robocall consent | Knowing or voluntary consent, or a live operator who discloses and obtains consent (§ 59.1-518.2) | Prior express written consent for prerecorded residential telemarketing (47 C.F.R. § 64.1200(a)(3)) |
| Disconnect | Within five seconds after hang-up (§ 59.1-518.3) | Opt-out and identification rules for prerecorded messages (47 C.F.R. § 64.1200(b)) |
| Seller liability | Joint and several; presumption rebuttable only by clear and convincing evidence (§ 59.1-514.1) | Federal common-law agency |
| Private damages | $500, $1,000, then $5,000 per violation; up to $5,000 if willful; attorney fees and costs (§ 59.1-515) | Actual damages or $500 per violation for robocall and autodialer violations; actual damages or up to $500 for do-not-call violations after more than one call in 12 months; up to three times if willful or knowing; no fee shifting (47 U.S.C. § 227(b)(3), (c)(5)) |
| Government penalties | Same damages schedule plus up to $5,000 per willful violation (§ 59.1-517); VCPA $2,500 per willful violation (§ 59.1-206) | FCC forfeitures; FTC civil penalties; state attorney general TCPA actions |
| Cancellation | Three business days for telephone solicitations at a residence without prior invitation (§§ 59.1-21.2, 59.1-21.3) | No general telephone-sale cooling-off right |
| Limitations | VCPA two years (§ 59.1-204.1); VTPPA unspecified, two-year catch-all (§ 8.01-248) | Four years (28 U.S.C. § 1658(a)) |
Where Virginia is stricter.
- Damages. They escalate to $5,000 per violation from the third violation on, and they shift fees.
- Registry claims. A single call to a registered number is actionable.
- Opt-out duration. Company-specific requests last 10 years instead of 5.
- Seller liability. Sellers are presumed liable for their vendors' calls, and rebutting that takes clear and convincing evidence.
- Identification. Solicitors must give their first and last names.
- Caller ID. The number displayed must be able to take do-not-call requests.
- Robocall equipment. The device definition does not depend on random or sequential number generation.
- Disconnect. Recorded-message devices must disconnect within five seconds.
- Cancellation. Telephone solicitations at a residence can trigger a three-day cancellation right.
Where Virginia is the same.
- The calling hours, the established business relationship windows, the two-second abandoned-call message and the 31-day registry safe harbor track federal law.
Where Virginia is looser or narrower.
- Text opt-out. The VTPPA recognizes only "UNSUBSCRIBE" or "STOP," while federal law accepts any reasonable method.
- Abandonment. Virginia has no abandonment rate cap.
- Consent. The Chapter 44.1 consent standard is less formal than federal prior express written consent.
- Robocall damages. The VCPA requires that the person "suffers loss."
- Abandoned calls and joint liability. The joint liability rule does not list the abandoned-call section.
Federal rules still apply in full, so the stricter standard on each point governs in practice.
Case law
- Gonzalez v. Homefix Custom Remodeling Corp., No. 1:23-cv-192 (E.D. Va. Apr. 26, 2023). The court transferred a TCPA and VTPPA do-not-call putative class action to the District of Maryland under the first-to-file rule and 28 U.S.C. § 1404(a). It found that the proposed VTPPA class substantially overlapped the nationwide registry classes in the earlier Maryland cases, even though the VTPPA class required only "a single telemarketing call to a number on the national Do-Not-Call registry." The opinion's PDF comes from govinfo under the District of Maryland docket (1:23-cv-01135) assigned after transfer.
We found few published VTPPA decisions in govinfo or CourtListener. A 2011 Eastern District of Virginia decision addressing the VTPPA and seller liability is indexed on CourtListener. Its text could not be retrieved for verification, so it is not described here.
Recent amendments
- 2025 Acts, chapter 626 (S.B. 1339), approved April 2, 2025, effective January 1, 2026. Amended §§ 59.1-510 through 59.1-514.1 to extend the VTPPA to marketing text messages. It changed "called person" to "contacted person." It also added the reply-text caller ID rule and the "UNSUBSCRIBE" or "STOP" text opt-out, and limited the identification and abandoned-call rules to solicitations "via telephone call." The 10-year honoring period for do-not-call requests was already in the statute and was carried forward.
- 2020 Acts, chapters 263 and 607. Amended §§ 59.1-510, 59.1-513, 59.1-515 and 59.1-517.
- 2019 Acts, chapters 256 and 264. Added § 59.1-514.1 (joint liability and the rebuttable presumption) and amended §§ 59.1-510 and 59.1-515 through 59.1-517, according to the history notes. The "responsible person" definition that § 59.1-514.1 depends on appears to date from this enactment.
- 2020 Acts, chapter 939. Added § 59.1-518.01 (coordination with the Department for Aging and Rehabilitative Services).
- 2023 Acts, chapters 301 and 302. Amended the home solicitation sale definition in § 59.1-21.2.
- Not enacted: H.B. 743 (2026). Would have added §§ 59.1-518.02 through 59.1-518.06 on voice service provider caller ID authentication. A House subcommittee recommended striking it from the docket on February 9, 2026, and it was left in the Committee on Communications, Technology and Innovation on February 18, 2026, according to legislative trackers that reproduce the official bill history. The official Code's Chapter 44 table of contents ends at § 59.1-518.01.
The history notes list the chapters. The specific changes listed for Chapter 626 come from the enrolled Act's text. The precise changes made by each earlier chapter were not independently verified from those Acts.
Compliance checklist
- Treat any call or marketing text to a Virginia area code, a Virginia residence or a known Virginia resident's phone as covered by the VTPPA, whatever your location.
- Restrict calls and texts to 8:00 a.m. to 9:00 p.m. at the recipient's location unless you have documented prior consent.
- Scrub against the National Do Not Call Registry using a version no more than 31 days old. A single violating call is actionable in Virginia.
- Keep company-specific do-not-call requests for at least 10 years. Honor "STOP" and "UNSUBSCRIBE" text replies, along with every other reasonable revocation method that federal law requires.
- On voice calls, have the representative give their first and last names and the seller's name promptly. Play an identification message if no live representative is available within two seconds.
- Transmit a caller ID number, and a name where the carrier allows. The number must accept do-not-call requests during business hours, or, for texts, accept reply-text opt-outs. Never display false or misleading caller ID.
- Before using any device that dials numbers and plays a recorded or synthesized voice, get the subscriber's consent or use a live operator who makes the § 59.1-518.2 disclosures first. Also get federal prior express written consent, and make sure the device disconnects within five seconds of hang-up.
- Sellers: contract for, audit and document vendor compliance. Virginia presumes you are jointly liable for vendors' calls unless you can show by clear and convincing evidence that you neither retained nor knew of them.
- For sales solicited by telephone at a residence without prior invitation, deliver the "BUYER'S RIGHT TO CANCEL" notice and honor written cancellations through midnight of the third business day.
- Keep consent records, signed written agreements, established business relationship evidence and do-not-call logs. They support the § 59.1-514(C) and (D) defenses against claims that carry fee shifting.
References
- Va. Code Title 59.1, Chapter 44 (Virginia Telephone Privacy Protection Act): https://law.lis.virginia.gov/vacode/title59.1/chapter44/
- Va. Code § 59.1-510: https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-510/
- Va. Code § 59.1-511: https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-511/
- Va. Code § 59.1-512: https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-512/
- Va. Code § 59.1-513: https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-513/
- Va. Code § 59.1-513.1: https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-513.1/
- Va. Code § 59.1-514: https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-514/
- Va. Code § 59.1-514.1: https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-514.1/
- Va. Code § 59.1-515: https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-515/
- Va. Code § 59.1-516: https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-516/
- Va. Code § 59.1-517: https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-517/
- Va. Code § 59.1-518: https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-518/
- Va. Code Title 59.1, Chapter 44.1 (Automatic Dialing-Announcing Devices): https://law.lis.virginia.gov/vacode/title59.1/chapter44.1/
- Va. Code § 59.1-200: https://law.lis.virginia.gov/vacode/title59.1/chapter17/section59.1-200/
- Va. Code § 59.1-204: https://law.lis.virginia.gov/vacode/title59.1/chapter17/section59.1-204/
- Va. Code § 59.1-204.1: https://law.lis.virginia.gov/vacode/title59.1/chapter17/section59.1-204.1/
- Va. Code § 59.1-206: https://law.lis.virginia.gov/vacode/title59.1/chapter17/section59.1-206/
- Va. Code §§ 59.1-21.2 to 59.1-21.4 (Home Solicitation Sales Act): https://law.lis.virginia.gov/vacode/title59.1/chapter2.1/
- Va. Code § 8.01-248: https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-248/
- 2025 Acts of Assembly, chapter 626 (S.B. 1339): https://lis.blob.core.windows.net/files/1079031.PDF
- H.B. 743 (2026), introduced: https://lis.blob.core.windows.net/files/1085711.HTML
- Gonzalez v. Homefix Custom Remodeling Corp. (E.D. Va. 2023): https://www.govinfo.gov/content/pkg/USCOURTS-mdd-1_23-cv-01135/pdf/USCOURTS-mdd-1_23-cv-01135-0.pdf
- 47 U.S.C. § 227: https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm
- 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
- 16 C.F.R. Part 310: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310
This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.
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