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The Virginia Telephone Privacy Protection Act

The Virginia Telephone Privacy Protection Act. Virginia State Bar Annual Meeting Corporate Counsel Section CLE Program June 18, 2004. The Virginia Telephone Privacy Protection Act (VTPPA). Va. Code §§ 59.1-510 through 59.1-518 (2001) 2004 Va. Acts ch. 202, 224 (effective July 1, 2004).

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The Virginia Telephone Privacy Protection Act

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  1. The Virginia Telephone Privacy Protection Act Virginia State Bar Annual Meeting Corporate Counsel Section CLE Program June 18, 2004

  2. The Virginia Telephone Privacy Protection Act (VTPPA) • Va. Code §§ 59.1-510 through 59.1-518 (2001) • 2004 Va. Acts ch. 202, 224 (effective July 1, 2004)

  3. Applicability of the VTPPA • Telephone Solicitation Calls to Any: • Natural person’s residence in Virginia • Wireless telephone with a Virginia area code • Solicitation Calls Include Offering or Advertising Any Property, Goods or Services for Sale, Lease, License or Investment

  4. Applicability of the VTPPA • VTPPA Does Not Apply To: • Calls soliciting contributions for political candidates or parties • Calls soliciting contributions for charitable organizations • Calls conducting surveys • Other calls that are not sales calls

  5. VTPPA Provisions • Calling time restrictions - Va. Code § 59.1-511 • Required disclosures - Va. Code § 59.1-512 • Required transmission of caller ID - Va. Code § 59.1-513 • Required message for abandoned calls - Va. Code § 59.1-513.1 • Do Not Call provisions - Va. Code § 59.1-514

  6. VTPPA Provisions • Private right of action - Va. Code § 59.1-515 • Investigative authority - Va. Code § 59.1-516 • Governmental enforcement/Civil penalties - Va. Code § 59.1-517 • Definitions - Va. Code § 59.1-510

  7. Calling Time Restrictions • Calls allowed between 8:00 a.m. and 9:00 p.m. • Calls allowed at other times if prior consent obtained from the called person

  8. Required Disclosures • Individual’s First and Last Name • Name of Entity on Whose Behalf the Call is Being Made • Disclosures Must be Made Promptly Upon Contact

  9. Transmission of Caller ID Info • Telephone Number of Telephone Solicitor • Name of Telephone Solicitor – When Available • May Substitute Name and Customer Service Number of Entity on Whose Behalf the Call is Being Made • Must be Able to Make Do Not Call Request • May Not Intentionally Block Caller ID

  10. Message for Abandoned Calls • Prerecorded Identification Message • Whenever Live Representative Not Available Within Two Seconds of Greeting • Must State Name and Telephone Number of Entity on Whose Behalf the Call is Being Made • Must be Able to Make Do Not Call Request

  11. Company-SpecificDo Not Call Provisions • May not call number when someone at that number has asked not to be called • Request may be made to telephone solicitor or entity on whose behalf the call is being made • Request may be made by telephone or in writing • Request must be honored for 10 years

  12. National Do Not Call Registry • May not call number on National Do Not Call Registry maintained by the FTC • Violation of state and federal law to call number on National Do Not Call Registry

  13. Exemptions to Do Not Call Provisions • Prior Express Invitation or Permission • Signed, written agreement authorizing specific entity to call specific number • Established Business Relationship • Purchase or transaction within 18 months preceding the call • Inquiry or application within 3 months preceding the call • Personal Relationship • Family member, friend or acquaintance of individual telephone solicitor • Exemptions Do Not Apply If a Specific Do Not Call Request is Made

  14. Affirmative Defense for Violations of Do Not Call Provisions • Established and implemented • With due care • Reasonable practices and procedures • To effectively prevent calls in violation • Includes using version of National Registry • In accordance with federal regulations • Obtained no more than 3 months prior to call

  15. Private Right of Action • Injunction • $500 for Each Violation • Up to $1,500 for Willful Violations • Reasonable Attorneys’ Fees and Costs • General District and Small Claims Court • Circuit Court for Injunctions

  16. Investigative Authority • Commissioner of the Department of Agriculture and Consumer Services • Office of Consumer Affairs • Attorney General of Virginia • Civil Investigative Demands • National Do Not Call Registry Database

  17. Governmental Enforcement • Attorney General • Commonwealth’s Attorneys • County, city or town attorneys

  18. Governmental Enforcement • Injunctions • Damages for aggrieved persons of $500 for each violation • Civil penalties of up to $1,000 for each willful violation • Reasonable expenses incurred in investigating and preparing the case • Attorneys’ fees

  19. Thank you.

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