Virginia Telemarketing Fraud Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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In Virginia, telemarketing fraud can come in the form of sweepstakes, credit repair schemes, charity scams, or investment rip offs -- just to name a few. Senior citizens are particularly at risk for this type of crime. Fraudulent telemarketers use phony prizes, cheap products, and high-pressure sales tactics to defraud consumers. It is estimated that telemarketing fraud robs consumers of more than $40 billion each year.
What is a Telephone Solicitation Call?
A "telephone solicitation call" is any telephone call made to a 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.
"Do Not Call Registry"
Signing up for the nationwide "Do Not Call Registry" will help cut down significantly on the telemarketing calls you receive at home. Most telemarketers must take your home phone number off of their call lists if you've signed up for the Registry.
In many instances, victims will report telemarketing fraud to the federal government, but here is a general overview of Virginia's Telephone Privacy Protection Act. See Federal Telemarketing Rules, Property Crimes, and White Collar Crimes for more information.
|What is a telephone solicitor?||
"Telephone solicitor" means any person who makes, or causes another person to make, a telephone solicitation call.
|Enforcement Agencies||Office of the Attorney General and local district attorneys|
Civil penalties including fines, declaratory judgments, injunctions, individual damages, reasonable attorney's fees and class action lawsuits .
|Hours||Calls can only come between 8 a.m.-9 p.m.|
|Do Not Call Registry||
Telemarketers must then remove every name on the Do Not Call list from their calling lists within 30 days of receiving the list. A violation of the law carries a civil penalty of up to $1,000 or $3,000 if the person contacted is age 60 or older.
|Who Can Bring an Individual Lawsuit?||The Attorney General, a county prosecutor, or individual consumer may bring a lawsuit.|
|What are the telemarketing rules?||
|Do telephone solicitors/salespeople need to register with the state?||Yes, solicitors must register (PDF) with the state.|
|Are some calls exempt from the Do Not Call registry?||
Federal Protections against Telemarketing Fraud
The FCC, FTC, and US Department of Justice enforce federal telemarketing laws, violations of the National "Do Not Call" Registry, and deceptive business practices, including:
- FTC's Telephone Sales Rule ("TSR")
- FCC's Telephone Consumer Protection Act ("TCPA")
- Fair advertising and consumer protection laws like the Federal Trade Commission Act.
If you feel you have been victimized by a telemarketing scam, here is some contact information that can help you:
- Attorney General: (804) 786-2071
- Federal Trade Commission: (877) FTC-HELP, (877-382-4357)
- Federal Communications Commission: (888) CALL-FCC (1-888) 225-5322
Because telemarketing laws can sometimes get complicated, it may also be a good idea to consult an experienced consumer protection lawyer in Virginia if you have questions about your specific situation.
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