CODE OF VIRGINIA

UNWANTED TELEPHONE SOLICITATION CALLS PROHIBITED (§ 59.1-514)

A. No telephone solicitor shall initiate, or cause to be initiated, a telephone
solicitation call to a telephone number when a person at such telephone number
previously has stated that he does not wish to receive a telephone solicitation
call made by or on behalf of the person on whose behalf the telephone
solicitation call is being made. Such statement may be made to a telephone
solicitor or to the person on whose behalf the telephone solicitation call is
being made if that person is different from the telephone solicitor. Any such
request not to receive telephone solicitation calls shall be honored for at
least 10 years from the time the request is made.

B. No telephone solicitor shall initiate, or cause to be initiated, a telephone
solicitation call 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.

C. It shall be an affirmative defense in any action brought under § 59.1-515 or
59.1-517 for a violation of this section that the defendant has established and
implemented, with due care, reasonable practices and procedures to effectively
prevent telephone solicitation calls in violation of this section, including
using in accordance with applicable federal regulations a version of the
National Do Not Call Registry obtained from the administrator of the registry no
more than 31 days prior to the date any telephone solicitation call is made.

D. For purposes of this section, “telephone solicitation call” shall
not include a telephone call made to any person: (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. 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 solicitation calls as provided in subsection A.

HISTORY: 2001, cc. 528, 553; 2004, cc. 202, 224; 2005, c. 296.