Virginia telemarketing & SMS rules for insurance agents

Virginia allows telephone solicitations, both calls and texts, only between 8:00 a.m. and 9:00 p.m. local time at the contacted person’s location unless the solicitor has obtained the person’s prior consent (Va. Code § 59.1-511). Those are the same clock hours as the federal rule (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)), but the Virginia Telephone Privacy Protection Act adds its own private right of action ($500 for a first violation, $1,000 for a second and $5,000 for each later one, § 59.1-515), makes the seller jointly and severally liable with the telephone solicitor for violations of §§ 59.1-511, 59.1-512, 59.1-513 and 59.1-514 (§ 59.1-514.1(A)), and requires any do-not-call request, including a STOP or UNSUBSCRIBE text reply, to be honored for at least 10 years (§ 59.1-514(A)). Chapter 44 contains no exemption for licensed insurance agents.

Virginia regulates telephone solicitation under the Virginia Telephone Privacy Protection Act (Code of Virginia title 59.1, chapter 44) (Va. Code §§ 59.1-510 to 59.1-518.01), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

Last reviewed 2026-09-15.

What time can I call in Virginia?

8:00 a.m. to 9:00 p.m. local time at the contacted person’s location, unless the telephone solicitor has obtained the contacted person’s prior consent. Section 59.1-511: "No telephone solicitor shall initiate, or cause to be initiated, a telephone solicitation at any time other than between 8:00 a.m. and 9:00 p.m. local time at the contacted person's location, unless the telephone solicitor has obtained the prior consent of the contacted person." A “telephone solicitation” includes sales calls and sales text messages (§ 59.1-510), so the window applies to texts. Chapter 44 does not define “prior consent”. The signed-written-agreement, established-business-relationship and personal-relationship exclusions in § 59.1-514(D) apply "For purposes of this section", the do-not-call section, and are not written into § 59.1-511.

Are there Sunday or holiday restrictions in Virginia?

None in chapter 44. Section 59.1-511 sets a single 8:00 a.m.–9:00 p.m. window and draws no distinction between weekdays, Sundays and holidays.

What consent does Virginia require before the first call or text?

Two different standards. The hours rule is lifted by the contacted person’s “prior consent” (§ 59.1-511). For the do-not-call rules in § 59.1-514, a call is not a “telephone solicitation” if it is made to a person "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" (§ 59.1-514(D)(i)), to a person with whom the seller has an established business relationship, or to a person with whom the caller has a personal relationship (§ 59.1-514(D)(ii)–(iii)). An established business relationship rests on a purchase or transaction within the 18 months before the solicitation, or an inquiry or application within the three months before it (§ 59.1-510). The business-relationship and personal-relationship exclusions do not apply once the person has stated that he or she does not wish to receive telephone solicitations (§ 59.1-514(D)).

Does Virginia treat texting differently from calling?

Yes, sales texts are telephone solicitations. Section 59.1-510 defines “telephone solicitation” to include "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 a sales purpose, so the 8:00 a.m.–9:00 p.m. window (§ 59.1-511) and the National Do Not Call Registry rule (§ 59.1-514(B)) apply to sales texts. A recipient opts out of texts by replying "UNSUBSCRIBE" or "STOP," and the request must be honored for at least 10 years (§ 59.1-514(A)). For a text, the number-transmission requirement is met if the number provided accepts an opt-out by reply text (§ 59.1-513(A)). The name-identification rule (§ 59.1-512) and the abandoned-call rule (§ 59.1-513.1) apply to solicitations made via telephone call.

Does Virginia have its own do-not-call list?

No. Chapter 44 creates no separate state list; it enforces the federal registry. Section 59.1-514(B) bars telephone solicitations to a 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." Section 59.1-514(A) also bars solicitations to a number where a person has stated that he or she does not wish to receive solicitations made by or on behalf of that seller; for texts the request is made by replying "UNSUBSCRIBE" or "STOP," and any such request must be honored for at least 10 years. In an action under § 59.1-515 or § 59.1-517 for a violation of § 59.1-514, it is an affirmative defense that the defendant established and implemented, with due care, reasonable practices and procedures to prevent violations, including using a version of the National Do Not Call Registry obtained from its administrator no more than 31 days before the solicitation (§ 59.1-514(C)).

Do I need to register to solicit in Virginia?

Chapter 44 contains no registration, licensing or bonding requirement for telephone solicitors. It regulates conduct instead: a caller making a solicitation by telephone call must promptly give his or her first and last names and the name of the person on whose behalf the call is made (§ 59.1-512); a solicitor must transmit a telephone number, and the solicitor’s name when available from the carrier, and the number must let any individual make a do-not-call request during regular business hours (§ 59.1-513(A)); and a solicitor may not intentionally prevent transmission of its name or number or cause false or misleading caller identification to be displayed (§ 59.1-513(B)). It is not a violation of § 59.1-513 to substitute the name of the person on whose behalf the solicitation is made and that person’s customer service telephone number (§ 59.1-513(C)).

Are licensed insurance agents exempt in Virginia?

None. Chapter 44 (§§ 59.1-510 to 59.1-518.01) contains no exemption for insurance agents or any other licensed profession. A “telephone solicitor” is "any person who makes or initiates, or causes another person to make or initiate, a telephone solicitation" for itself or for a seller (§ 59.1-510), and the hours, identification, caller-ID, do-not-call and damages provisions apply without a licensee carve-out. The only exclusions from the meaning of “telephone solicitation” in the chapter are the signed-written-agreement, established-business-relationship and personal-relationship exclusions, and they apply only to the do-not-call section (§ 59.1-514(D)).

What are the penalties in Virginia?

A natural person aggrieved by a violation of chapter 44 may sue any responsible person for an injunction and damages of "$500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation" (§ 59.1-515(A)). For a willful violation the court may, in its discretion, raise damages for a first or second violation to not more than $5,000 (§ 59.1-515(B)), and it may award reasonable attorney fees and court costs (§ 59.1-515(C)). A damages claim may be filed in general district court or small claims court within those courts’ jurisdictional limits; an action that asks for an injunction must be filed in circuit court (§ 59.1-515(D)). The Attorney General, an attorney for the Commonwealth or a locality’s attorney may sue to enjoin violations and recover the same damages for aggrieved persons (§ 59.1-517(A)); for a willful violation the court may also assess a civil penalty of not more than $5,000 per violation (§ 59.1-517(B)), and the government may recover reasonable investigation expenses and attorney fees (§ 59.1-517(C)). A “responsible person” is the telephone solicitor, the seller, or both; the seller is a responsible person when the solicitation offering its property, goods or services is presumed to have been made on its behalf and the presumption is not rebutted (§§ 59.1-510, 59.1-514.1(B)).

Controlling statute

Virginia Telephone Privacy Protection Act (Code of Virginia title 59.1, chapter 44) — Va. Code §§ 59.1-510 to 59.1-518.01

Other things that change the answer

Coverage follows the number called: a “telephone solicitation” includes a sales call to a natural person’s residence in Virginia, to any landline or wireless telephone with a Virginia area code, or to a telephone registered to a Virginia resident (§ 59.1-510). Sections 59.1-510 through 59.1-514.1 were amended by 2025 Acts of Assembly chapter 626, effective January 1, 2026. When a live sales representative is not available within two seconds of the person’s completed greeting, the caller must play a prerecorded message stating the name and telephone number of the person on whose behalf the call was made (§ 59.1-513.1). A solicitation offering a seller’s goods or services is presumed to be made on the seller’s behalf; the seller can rebut the presumption only by clear and convincing evidence that it did not retain or request the solicitor to make solicitations for it and that the solicitations were made without its knowledge or consent (§ 59.1-514.1(B)). Chapter 44 does not limit remedies available under other federal or state law (§ 59.1-518).

Sources

• Code of Virginia title 59.1, chapter 44 — Virginia Telephone Privacy Protection Act (§§ 59.1-510 to 59.1-518.01)primary source
• 2025 Acts of Assembly chapter 626 (amends §§ 59.1-510 to 59.1-514.1; effective January 1, 2026)primary source
• 47 CFR 64.1200 — Delivery restrictions (eCFR)primary source
• 16 CFR 310.4 — Abusive telemarketing acts or practices (eCFR)primary source

How APEX enforces these rules on every send

APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.