SB 812

Abstract

Virginia Telephone Privacy Protection Act. Provides that for the purposes of the Virginia Telephone Privacy Act (the Act), "telephone solicitation call" includes any text message sent to any wireless telephone with a Virginia area code, or to a wireless telephone registered to any natural person who is a resident of the Commonwealth, for the purpose of offering or advertising any property, goods, or services for sale, lease, license, or investment, including offering or advertising an extension of credit or for the purpose of fraudulent activity. The bill prohibits a telephone solicitor from engaging in any conduct that results in the display of false or misleading caller identification information on the called party's telephone. The bill increases the amount of damages and the amount of the civil penalty for violations of the Act from $500 for each such violation to $500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation and increases to $5,000 the maximum civil penalty the court may impose for a willful first or second violation. This bill is identical to HB 1244.

Telephone privacy protection. Requires atelephone solicitor to immediately disclose who is calling and whatproperty, good, or service is being offered. The measure also prohibitscaller ID spoofing, which is defined in the bill as causing any calleridentification service to transmit caller identification informationthat represents or states that the call originates from a telephonewith an area code assigned to an area in the Commonwealth or froma location in the Commonwealth if the person on whose behalf thetelephone solicitation call is being made does not conduct business from a location in the Commonwealth. Themeasure prohibits a telephone solicitor from making a telephone solicitationcall or the use of an automatic dialing-announcing device in connectionwith making a call to any subscriber who has registered with theVirginia Do Not Call Registry. The measure requires the Virginia Department of Agriculture and Consumer Services to set up by January1, 2021, the Virginia Do Not Call Registry for subscribers who wishto block all solicitation calls and calls that use or are made in connection with automatic dialing-announcing devices.