Transcript The Virginia Telephone Privacy Protection Act

The Virginia Telephone
Privacy Protection Act
Virginia State Bar Annual Meeting
Corporate Counsel Section CLE Program
June 18, 2004
The Virginia Telephone Privacy
Protection Act (VTPPA)
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Va. Code §§ 59.1-510 through 59.1-518 (2001)
2004 Va. Acts ch. 202, 224 (effective July 1,
2004)
Applicability of the VTPPA
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Telephone Solicitation Calls to Any:
Natural person’s residence in Virginia
 Wireless telephone with a Virginia area code
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Solicitation Calls Include Offering or
Advertising Any Property, Goods or Services for
Sale, Lease, License or Investment
Applicability of the VTPPA
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VTPPA Does Not Apply To:
Calls soliciting contributions for political candidates
or parties
 Calls soliciting contributions for charitable
organizations
 Calls conducting surveys
 Other calls that are not sales calls
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VTPPA Provisions
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Calling time restrictions - Va. Code § 59.1-511
Required disclosures - Va. Code § 59.1-512
Required transmission of caller ID - Va. Code §
59.1-513
Required message for abandoned calls - Va.
Code § 59.1-513.1
Do Not Call provisions - Va. Code § 59.1-514
VTPPA Provisions
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Private right of action - Va. Code § 59.1-515
Investigative authority - Va. Code § 59.1-516
Governmental enforcement/Civil penalties - Va.
Code § 59.1-517
Definitions - Va. Code § 59.1-510
Calling Time Restrictions
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Calls allowed between 8:00 a.m. and 9:00 p.m.
Calls allowed at other times if prior consent
obtained from the called person
Required Disclosures
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Individual’s First and Last Name
Name of Entity on Whose Behalf the Call is
Being Made
Disclosures Must be Made Promptly Upon
Contact
Transmission of Caller ID Info
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Telephone Number of Telephone Solicitor
Name of Telephone Solicitor – When Available
May Substitute Name and Customer Service
Number of Entity on Whose Behalf the Call is
Being Made
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Must be Able to Make Do Not Call Request
May Not Intentionally Block Caller ID
Message for Abandoned Calls
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Prerecorded Identification Message
Whenever Live Representative Not Available
Within Two Seconds of Greeting
Must State Name and Telephone Number of
Entity on Whose Behalf the Call is Being Made
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Must be Able to Make Do Not Call Request
Company-Specific
Do Not Call Provisions
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May not call number when someone at that
number has asked not to be called
Request may be made to telephone solicitor or
entity on whose behalf the call is being made
Request may be made by telephone or in writing
Request must be honored for 10 years
National Do Not Call Registry
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May not call number on National Do Not Call
Registry maintained by the FTC
Violation of state and federal law to call number
on National Do Not Call Registry
Exemptions to Do Not Call
Provisions
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Prior Express Invitation or Permission
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Established Business Relationship
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Purchase or transaction within 18 months preceding the call
Inquiry or application within 3 months preceding the call
Personal Relationship
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Signed, written agreement authorizing specific entity to call
specific number
Family member, friend or acquaintance of individual
telephone solicitor
Exemptions Do Not Apply If a Specific Do Not Call
Request is Made
Affirmative Defense for Violations of
Do Not Call Provisions
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Established and implemented
With due care
Reasonable practices and procedures
To effectively prevent calls in violation
Includes using version of National Registry
In accordance with federal regulations
 Obtained no more than 3 months prior to call
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Private Right of Action
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Injunction
$500 for Each Violation
Up to $1,500 for Willful Violations
Reasonable Attorneys’ Fees and Costs
General District and Small Claims Court
Circuit Court for Injunctions
Investigative Authority
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Commissioner of the Department of
Agriculture and Consumer Services
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Attorney General of Virginia
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Office of Consumer Affairs
Civil Investigative Demands
National Do Not Call Registry Database
Governmental Enforcement
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Attorney General
Commonwealth’s Attorneys
County, city or town attorneys
Governmental Enforcement
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Injunctions
Damages for aggrieved persons of $500 for
each violation
Civil penalties of up to $1,000 for each willful
violation
Reasonable expenses incurred in investigating
and preparing the case
Attorneys’ fees
Thank you.