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Robocall Help · Virginia

Robocall Lawyer in Virginia: $500 to $1,500 Per Illegal Call

Virginia has one of the stronger state telemarketing laws in the country: the Virginia Telephone Privacy Protection Act, Va. Code § 59.1-510 et seq., lets a resident sue a telemarketer directly for $500 for a first violation, $1,000 for a second and $5,000 for each one after that. The federal TCPA adds its own $500 to $1,500 per call on top of that state claim. If illegal calls or texts are hitting your phone in Virginia, you may be owed $500 to $1,500 per call.

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$500 to $1,500
per illegal call or text
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All 50 states
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Max Morgan, Esq.

Virginia robocall law at a glance

The federal TCPA covers everyone in Virginia. The Virginia Telephone Privacy Protection Act adds escalating state damages of its own.

State law
Virginia Telephone Privacy Protection Act, Va. Code § 59.1-510 et seq.
Calling hours
8 a.m. to 9 p.m. local time (Va. Code § 59.1-511)
State Do Not Call list
No separate state list. Virginia law enforces the National Do Not Call Registry (§ 59.1-514)
Per illegal call
$500 to $1,500federal TCPA, stacks per call

Two laws protect Virginia residents

The TCPA is the federal engine behind every robocall claim. Virginia’s own act carries a private right of action with damages that climb with each violation.

Federal law

The TCPA

The Telephone Consumer Protection Act, the nationwide law behind every claim.

  • Protects everyone in Virginia, no matter the state rules.
  • Bars autodialed or prerecorded calls and texts to your cell without consent.
  • $500 to $1,500 per call, stacking with every violation.
  • You can sue personally, you don’t wait on the government.
Virginia law

Virginia Telephone Privacy Protection Act, Va. Code § 59.1-510 et seq.

What Virginia adds on top of the federal rules.

  • State damages: § 59.1-515 lets an aggrieved person recover $500 for a first violation, $1,000 for a second and $5,000 for each subsequent violation, plus attorney’s fees and costs, with room for the court to increase awards for willful conduct.
  • Calling hours: no solicitation calls before 8 a.m. or after 9 p.m. at your location without your prior consent (§ 59.1-511).
  • Do Not Call: no solicitation to a number on the National Do Not Call Registry, and a personal request not to be called must be honored for at least 10 years (§ 59.1-514).
  • Identification: the caller must identify themselves and the business at the start of the call (§§ 59.1-512, 59.1-513).

How the law works in Virginia

The Telephone Consumer Protection Act, 47 U.S.C. § 227, is a federal law, so it protects a phone in Virginia Beach the same way it protects one in Chesapeake, Norfolk, Richmond or Arlington. It bars autodialed and prerecorded calls and texts to cell phones without consent and bars telemarketing calls to numbers on the national Do Not Call Registry. Each illegal call or text carries $500 in statutory damages, and up to $1,500 when the violation was willful or knowing. Those figures stack per call, so a campaign aimed at a 757, 804 or 703 number can grow into a substantial claim.

Virginia does not run a separate state no-call list. Instead, the Virginia Telephone Privacy Protection Act, Va. Code § 59.1-510 et seq., writes the national registry into state law. Section 59.1-514 prohibits solicitation calls to any number on the National Do Not Call Registry and requires a telemarketer to honor your personal request not to be called for at least 10 years. Section 59.1-511 limits solicitation calls to 8 a.m. through 9 p.m. at your location unless you consented in advance. What sets Virginia apart is § 59.1-515, the individual action for damages: an aggrieved person may sue for $500 for a first violation, $1,000 for a second and $5,000 for each subsequent violation, plus reasonable attorney’s fees and court costs, and the court has discretion to increase awards for willful violations. Section 59.1-514.1 makes the seller jointly liable with the solicitor it hired. The Attorney General’s Consumer Protection Section investigates under § 59.1-516 and can seek civil penalties. Because the state act has its own damages, a Virginia case can often plead the state claim alongside the federal TCPA claim.

Federal TCPA suits from Virginia are filed in the Eastern District (Alexandria, Richmond, Norfolk and Newport News) or the Western District (Roanoke, Charlottesville, Lynchburg and Harrisonburg). State-law claims under § 59.1-515 can also be brought in a Virginia circuit or general district court. Cases are handled nationwide under the federal TCPA. Local counsel is associated where Virginia rules require it. Max Morgan, Esq. is licensed in Pennsylvania and reviews call records at no charge; there is no attorney’s fee unless you recover. The federal TCPA limitations period is generally four years, but state claims can have shorter deadlines, so talk to us before assuming there is time.

Woman on a couch reading a spam text message on her phone

Getting illegal calls in Virginia? Do this.

  1. Register on the national list.Virginia has no separate state list, so add your number to the national Do Not Call Registry at donotcall.gov. Under Va. Code § 59.1-514, a solicitation call to that number then violates Virginia law as well as federal rules.
  2. Tell them not to call, and write down the date.A personal do-not-call request must be honored for at least 10 years under Virginia law. Keep the call log, voicemails and text screenshots, and note the number, the company and the time of each call.
  3. Complain in Virginia and nationally.File a complaint with the Virginia Attorney General’s Consumer Protection Section at oag.state.va.us or 1-800-552-9963, report the number to the FTC at reportfraud.ftc.gov, and file with the FCC at consumercomplaints.fcc.gov. Complaints build the record; they do not pay you.
  4. Get a free review.Repeated calls after a stop request can be worth up to $1,500 each under the TCPA and up to $5,000 each under Virginia law. See whether your Virginia calls qualify in about two minutes.

See if you have a case


Why Virginia residents reach out

Three patterns we see from Virginia phones. If one sounds familiar, it is worth a free look.

“A Richmond mortgage refinance company keeps calling my 804 cell after I told them twice to stop.”
Virginia requires a stop request to be honored for 10 years, and repeat calls escalate to $5,000 each under § 59.1-515. More on calls after you said stop.
“I get prerecorded vacation offers on my Virginia Beach number at 9:30 at night.”
A prerecorded sales call to a cell without consent is a TCPA violation, and a 9:30 p.m. call is outside Virginia’s hours. Read about prerecorded call violations.
“A Northern Virginia collection agency autodials me about a debt that belongs to a stranger.”
Wrong-number collection calls are one of the strongest TCPA fact patterns because you never gave consent. See how wrong-number debt collection calls become claims.

Find out what you’re owed


What we help Virginia residents with

Each of these is a real, recoverable claim under the TCPA.


How it works

Three steps. No cost to find out. No obligation to go further.

1

Tell us what happened

Answer a few plain-English questions about the calls or texts. It takes about two minutes.

2

Max reviews it free

Max Morgan’s team looks at your answers and tells you, honestly, whether you have a claim worth pursuing.

3

If you qualify, he fights for it

You pay nothing up front and nothing unless you recover. Max handles the case.


Real cases Max has helped win

The TCPA is federal, so these results apply to Virginia residents too.

$2.6M

Wrong-number prerecorded debt-collection calls.

Lucas v. Synchrony Bank (N.D. Ind.)

$995K

Telemarketing to Do-Not-Call list & after opt-out.

Campbell v. Everything Breaks (D. Nev.)

$577.5K

385 wrong-number calls at $1,500 each.

Higgs v. Golden Title Loans (W.D. Tenn.)

$400K

Prerecorded calls to cell phones without consent.

Key v. Miracle Faith Center (N.D. Fla.)

Prior results do not guarantee a similar outcome. Every case is different.


Virginia robocall FAQs

Does Virginia have its own Do Not Call list?

No. Virginia does not keep a separate state list. Instead, Va. Code § 59.1-514 makes it a violation of Virginia law to place a solicitation call to a number on the National Do Not Call Registry, and it requires a telemarketer to honor your personal request not to be called for at least 10 years. Register once at donotcall.gov and both the state and federal protections apply.

Which court would a Virginia robocall case go to?

Federal TCPA claims are filed in the Eastern District of Virginia, which sits in Alexandria, Richmond, Norfolk and Newport News, or the Western District, which sits in Roanoke, Charlottesville, Lynchburg and Harrisonburg. A claim under the Virginia Telephone Privacy Protection Act can also be brought in state court. We choose the forum after reviewing your records.

Do I need a Virginia lawyer for a robocall case?

Not necessarily. The TCPA is a federal law, so the attorney bringing the claim does not have to be based in Virginia. Cases are handled nationwide under the federal TCPA, and local counsel is associated where Virginia rules require it. Your review is free and there is no attorney’s fee unless you recover.

Does Virginia law add anything to the federal TCPA?

Yes, and it is one of the more useful state statutes. Va. Code § 59.1-515 lets you sue a telemarketer for $500 for a first violation, $1,000 for a second and $5,000 for each subsequent violation, plus attorney’s fees, and the seller is jointly liable with the solicitor it hired. Those state claims can sometimes be added to a federal TCPA claim so that the same calls are counted under both laws.

What are Virginia’s calling hours for telemarketers?

Va. Code § 59.1-511 bars a telephone solicitor from calling before 8 a.m. or after 9 p.m. local time at your location unless you gave prior consent. That matches the federal telemarketing window. A call outside those hours is a state violation, and if it was autodialed or prerecorded it may also be a TCPA violation worth $500 to $1,500.

Explore: Wrong-number robocalls · How to sue a telemarketer · The state-by-state robocall law guide · Settlements

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Reviewed by Max Morgan, Esq.

Pennsylvania Attorney ID #316096 · Active, admitted 2013 · The Weitz Firm, LLC · Represents consumers nationwide under the TCPA.
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