Virginia amendments to Telephone Privacy Protection Act

Amendments to the Virginia Telephone Privacy Protection Act change the definition of such terms as responsible person, seller, telephone solicitor and telephone solicitation. In future, the telephone solicitor and the seller will be equally liable for violations of the Act.

The term “Telephone solicitation call” is now defined as:
Any telephone call made to any natural person’s residence in the Commonwealth, or to any wireless telephone with a Virginia area code, 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.

The definition of “Telephone solicitor” now means:
Any person who makes, or causes another person to make, a telephone solicitation call.

A “telephone solicitor” who makes a “telephone solicitation call” must identify himself by his first and last names, and the name of the person for whom the telephone solicitation call is being made. This must be done promptly upon making contact with the called person.

In simple terms, this latest amendment of the Act provides that a “telephone solicitor” and the “seller” are jointly and severally liable for violations of the Virginia Telephone Privacy Protection Act.

These measures establish the presumption that a telephone solicitation call that offers or advertises a seller’s product or service, is made on behalf of the seller. It also provides that this presumption may be challenged, if it is proven that the seller did not request the telephone solicitor to make such calls on the seller’s behalf.

Read the fully legalized documentation at:

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