59.1-514 - Unwanted telephone solicitation calls prohibited.
§ 59.1-514. Unwanted telephone solicitation calls prohibited.
A. No telephone solicitor shall initiate, or cause to be initiated, atelephone solicitation call to a telephone number when a person at suchtelephone number previously has stated that he does not wish to receive atelephone solicitation call made by or on behalf of the person on whosebehalf the telephone solicitation call is being made. Such statement may bemade to a telephone solicitor or to the person on whose behalf the telephonesolicitation call is being made if that person is different from thetelephone solicitor. Any such request not to receive telephone solicitationcalls shall be honored for at least 10 years from the time the request ismade.
B. No telephone solicitor shall initiate, or cause to be initiated, atelephone solicitation call to a telephone number on the National Do Not CallRegistry maintained by the federal government pursuant to the TelemarketingSales 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 § 59.1-515or 59.1-517 for a violation of this section that the defendant hasestablished and implemented, with due care, reasonable practices andprocedures to effectively prevent telephone solicitation calls in violationof this section, including using in accordance with applicable federalregulations a version of the National Do Not Call Registry obtained from theadministrator of the registry no more than 31 days prior to the date anytelephone solicitation call is made.
D. For purposes of this section, "telephone solicitation call" shall notinclude a telephone call made to any person: (i) with that person's priorexpress invitation or permission as evidenced by a signed, written agreementstating that the person agrees to be contacted by or on behalf of a specificparty 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 anestablished business relationship, or (iii) with whom the telephone solicitormaking the telephone call has a personal relationship. The exemption for anestablished business relationship or a personal relationship shall not applywhen the person called previously has stated that he does not wish to receivetelephone solicitation calls as provided in subsection A.
(2001, cc. 528, 553; 2004, cc. 202, 224; 2005, c. 296.)