Code of Virginia

Code of Virginia
Title 59.1. Trade and Commerce

Chapter 44.1. Automatic Dialing-Announcing Devices.

§ 59.1-518.1. Definitions.

As used in this chapter:

"Automatic dialing-announcing device" means 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.

"Caller" means a person that attempts to contact, or contacts, a subscriber in the Commonwealth by using a telephone or telephone line.

"Commercial telephone solicitation" 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. The term does not include calls initiated by the Commonwealth or a political subdivision for exclusively public purposes.

"Subscriber" means (i) a person who has subscribed to telephone service from a telephone company or (ii) other persons living or residing with the person.

2009, c. 699.

§ 59.1-518.2. When automatic dialing-announcing devices prohibited.

A caller shall not use an automatic dialing-announcing device in connection with making a commercial telephone solicitation unless:

1. The subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message, or

2. The message is immediately preceded by a live operator who, after disclosing (i) the name of the entity sending the message, (ii) the purpose of the message, (iii) the kinds of goods or services the message is promoting, and (iv), if applicable, the fact that the message intends to solicit payment or the commitment of funds, obtains the subscriber's consent before the commercial telephone solicitation is delivered.

2009, c. 699.

§ 59.1-518.3. Disconnect requirement.

A caller shall not use an automatic dialing-announcing device or other device that disseminates a prerecorded or synthesized voice message to the telephone number called unless the device is designed and operated to disconnect, disengage, or terminate within five seconds after the party called terminates the telephone call by any method that is in accordance with normal operating procedures of his telephone receiver.

2009, c. 699.

§ 59.1-518.4. Violations of chapter; penalty.

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.).

2009, c. 699.

The chapters of the acts of assembly referenced in the historical citation at the end of these sections may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

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