Va. Code Ann. § 59.1-514
§ 59.1-514. Unwanted telephone solicitation calls prohibited
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.