Virginia residents have legal protections against unwanted sales calls, misleading caller identification, and repeated marketing text messages. The Virginia Telephone Privacy Protection Act establishes rules for telemarketers and allows qualifying consumers to pursue damages for violations.
Depending on the circumstances, statutory damages begin at $500 for a first violation, increase to $1,000 for a second, and reach $5,000 for each subsequent violation.
Understanding Virginia's telephone privacy protections
Unwanted phone calls can disrupt daily life, expose consumers to scams, and create serious privacy concerns. Virginia addresses these problems through state laws that regulate telephone solicitations.
The Virginia Telephone Privacy Protection Act, found in Virginia Code §§ 59.1-510 through 59.1-518, applies to covered marketing communications and certain fraudulent telephone activities.
The law establishes limits on when telemarketers may call, requires identifying information, and restricts solicitations after consumers request that contact stop.
Federal protections under the Telephone Consumer Protection Act may also apply. These laws address overlapping concerns, but their requirements and available remedies are not identical.
Which phone numbers receive protection?
Virginia's definition of telephone solicitation includes covered calls to residences within the state, calls to Virginia-area-code numbers, and calls to phones registered to Virginia residents.
Qualifying marketing texts sent to wireless numbers also fall within the statute.
This matters for consumers who move outside Virginia but keep a telephone number with a Virginia area code. Certain state protections may still apply.
Rules telemarketers must follow
Virginia requires telephone solicitors to follow specific standards when contacting consumers.
Calling hours: Covered telephone solicitations generally must occur between 8 a.m. and 9 p.m. at the recipient's location unless the recipient previously consented to another time.
Caller identification: Telephone solicitors making sales calls must promptly provide their first and last names and identify the business they represent.
Accurate caller ID: Solicitors must transmit required identifying information and cannot intentionally display false or misleading caller identification.
Do-not-call requests: Businesses must honor qualifying requests to stop telephone solicitations.
National registry: Covered solicitation calls to numbers listed on the National Do Not Call Registry are prohibited, subject to statutory exceptions and defenses.
Did you know? Virginia strengthened text message protections in 2026
Beginning January 1, 2026, Virginia expressly requires consumers to be able to opt out of covered text solicitations by replying STOP or UNSUBSCRIBE.
Under Virginia Code § 59.1-514, qualifying do-not-contact requests must remain effective for at least 10 years.
This creates a clear record when consumers ask businesses to stop sending promotional messages.
A screenshot showing the unwanted text, the opt-out response, and later messages can provide useful evidence.
Compensation for illegal robocalls in Virginia
Virginia Code § 59.1-515 establishes an escalating statutory damages structure.
Violation | Statutory damages |
|---|---|
First violation | $500 |
Second violation | $1,000 |
Each subsequent violation | $5,000 |
For willful violations, courts may increase damages for the first or second violation to as much as $5,000.
Courts may also award reasonable attorney fees and court costs.
These figures do not guarantee compensation. A claimant must establish an actionable violation, and courts determine how the law applies to the evidence.
When federal law may also apply
The federal Telephone Consumer Protection Act provides separate protections involving certain automated calls, prerecorded messages, and telephone solicitations.
Qualifying federal violations may support statutory damages of $500, potentially increasing to $1,500 for willful or knowing violations.
Some conduct may violate both state and federal law. Whether a person can recover under both statutes depends on the claims and applicable legal rules.
What consumers should do after receiving unwanted calls
Start by identifying the business responsible for the communication. Save call histories, voicemail recordings, and text messages.
When appropriate, clearly request that the business stop contacting your number.
Keep evidence showing when the request was made and whether additional solicitations followed.
Consumers may also register eligible numbers with the National Do Not Call Registry.
If repeated violations continue, reviewing the evidence with a qualified consumer protection attorney can help determine whether legal action is appropriate.
Common questions around Virginia robocall laws
Can Virginia residents sue telemarketers?
Yes. Individuals harmed by violations of the Virginia Telephone Privacy Protection Act may bring qualifying civil claims.
Are all automated calls illegal?
No. Legality depends on the purpose of the call, the technology used, consent, exemptions, and applicable state or federal rules.
Does Virginia protect consumers against marketing texts?
Yes. Covered promotional text messages fall within Virginia's telephone solicitation protections.
Can consumers use small claims court?
Certain damages claims may be filed in small claims or general district court when they meet the applicable jurisdictional limits.
Does blocking a caller create a legal claim?
Not by itself. A legal claim requires evidence that the caller violated an applicable law.
