Is Virginia a one-party consent state?

§ 19.2-62(A) makes it a Class 6 felony to intentionally intercept a wire, electronic or oral communication. Under § 19.2-62(B)(2), it is not a crime to record a call you are a party to, or one where a party has given prior consent.

Virginia is a one-party consent state, so the penalty applies to recording a call you are not a party to when no party has consented (§ 19.2-62(B)(2)). That interception is a Class 6 felony (§ 19.2-62(A)), punishable by 1 to 5 years in prison, or at the court's discretion up to 12 months in jail and a fine of up to $2,500 (§ 18.2-10(f)). The person recorded can sue for actual damages but not less than $400 a day or $4,000, whichever is higher, plus punitive damages and attorney fees (§ 19.2-69). The minimum doubles to $800 a day or $8,000 when the call is between an attorney and client, a licensed health practitioner and patient, a licensed counselor or therapist and client, spouses, or a clergy member and a person seeking counsel.

Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.

Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.

The Virginia Telephone Privacy Protection Act covers sales calls and texts to Virginia numbers and residents. Calls may run only from 8 a.m. to 9 p.m. at the called person's location without prior consent (§ 59.1-511). The caller must give a first and last name and the business it calls for right away (§ 59.1-512), send a callback number to caller ID (§ 59.1-513), and not call numbers on the National Do Not Call Registry or numbers that asked not to be called, a request that lasts 10 years (§ 59.1-514). A person who gets a call in violation can sue for $500 for a first violation, $1,000 for a second and $5,000 for each later one. A court can raise a willful first or second violation to $5,000, and can award attorney fees (§ 59.1-515).