Virginia § 59.1-510 - (Effective January 1, 2026) Definitions

§ 59.1-510. (Effective January 1, 2026) Definitions

As used in this chapter, unless the context requires a different meaning:

"Established business relationship" means a relationship between the contactedperson and the person on whose behalf the telephone solicitation is being made or initiated based on (i) the contactedperson's purchase from, or transaction with, the person on whose behalf the telephone solicitation is being made or initiated within the 18 months immediately preceding the date of the solicitationor (ii) the contactedperson's inquiry or application regarding any property, good, or service offered by the person on whose behalf the telephone solicitation is being made or initiated within the three months immediately preceding the date of the solicitation.

"Personal relationship" means the relationship between a telephone solicitor making or initiating a telephone solicitation and any family member, friend, or acquaintance of that telephone solicitor.

"Responsible person" means either or both of (i) a telephone solicitor or (ii) a seller if the telephone solicitation offering or advertising the seller's property, goods, or services is presumed to have been made or initiated on behalf of or for the benefit of the seller and the presumption is not rebutted as provided in subsection B of § 59.1-514.1.

"Seller" means any person on whose behalf or for whose benefit a telephone solicitation offering or advertising the person's property, goods, or services is made or initiated.

"Telephone solicitation" means (i) any telephone call made or initiated to any natural person's residence in the Commonwealth, to any landline or wireless telephone with a Virginia area code, or to a landline or wireless telephone registered to any natural person who is a resident of the Commonwealth or (ii) 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, including engaging in any conduct that results in the display of false or misleading caller identification information on the contactedperson's telephone.

"Telephone solicitor" means any person who makes or initiates, or causes another person to make or initiate, a telephone solicitation on its own behalf or for its own benefit or on behalf of or for the benefit of a seller.

2001, cc. 528, 553; 2004, cc. 202, 224; 2019, cc. 256, 264; 2020, cc. 263, 607; 2025, c. 626.