Texting laws · Virginia
Virginia texting laws for businesses
What Va. Code §§ 59.1-510 to 59.1-518.01 says about a business texting customers in Virginia, read from the statute.
Texting laws by stateStatute read October 29, 2026
The law
| Law | Virginia Telephone Privacy Protection Act |
| Citation | Va. Code §§ 59.1-510 to 59.1-518.01 |
| In force | Text-message provisions added by 2025 Acts ch. 626, effective January 1, 2026 |
| Covers texts? | Yes, by name. § 59.1-510 defines 'telephone solicitation' to include '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'. |
| Applies to | Messages sent 'for the purpose of offering or advertising any property, goods, or services for sale, lease, license, or investment', including an extension of credit (§ 59.1-510). |
The rules
| Rule | What the statute says | Section |
|---|---|---|
| Hours | Telephone solicitations only 'between 8:00 a.m. and 9:00 p.m. local time at the contacted person's location', unless the solicitor has the person's prior consent. | § 59.1-511 |
| Opt-outs by text | For a text, the opt-out is made 'by replying to the text message with the word UNSUBSCRIBE or STOP', and it must be honored for at least 10 years. | § 59.1-514(A) |
| National do-not-call registry | No telephone solicitation to a number on the National Do Not Call Registry. | § 59.1-514(B) |
| Caller ID | For a text, the caller-ID requirement is met if the sending number accepts a reply asking for no more texts. | § 59.1-513(A) |
Texting a customer who contacted you first
- The opt-out and do-not-call rules do not apply to a call to a person 'with whom the person on whose behalf the telephone call is made has an established business relationship', or one made with the person's signed written permission (§ 59.1-514(D)).
- An 'established business relationship' is based on the person's purchase from, or transaction with, the business 'within the 18 months immediately preceding' the solicitation, or the person's inquiry or application about its goods or services within the preceding three months (§ 59.1-510).
- That exemption is written 'for purposes of this section' (§ 59.1-514), so the statute does not extend it to the time-of-day limit in § 59.1-511. Subsection (D) refers to 'a telephone call', and the statute does not say whether it reaches texts.
This matters for missed-call text-back, which replies to someone who just called the business. Federal rules and the reply-versus-marketing line are covered in is missed-call text-back legal?
Contractor websites in Virginia
12% of the 90 Virginia contractor homepages we loaded on a phone in October 2026 had an online booking tool and 16% had a chat or text option. 78% had neither, so after hours a call or a form was the only way in, and 47% had no form either.
| What the homepage has | Virginia | All 21 states |
|---|---|---|
| Sites loaded | 90 | 2407 |
| A tap-to-call link coded in | 77% | 76% |
| An online booking tool | 12% | 12% |
| A chat widget or text option | 16% | 15% |
| Neither booking nor chat or text | 78% | 77% |
| Neither, and no form either | 47% | 41% |
These are plumbing, HVAC, electrical, roofing, landscaping, painting, carpentry and general contractor homepages listed in OpenStreetMap, checked on the homepage only, so booking and chat figures are a floor. The method and the national numbers are in our contractor website study. On those sites a customer who cannot book or message has to call, and a call you miss can still get a reply by text; Nova's missed-call text-back is $99 a month.
Penalties
A person may sue for '$500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation', up to $5,000 for a willful first or second violation, plus attorney fees and costs, in general district or small claims court (§ 59.1-515). The seller and the solicitor are jointly liable (§ 59.1-514.1).
What the statute does not settle
- Whether the established-business-relationship exemption, worded for 'a telephone call', applies to texts.
Questions
Does Virginia law cover text messages from businesses?
Yes, by name. § 59.1-510 defines 'telephone solicitation' to include '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'.
What happens if a business breaks Virginia's texting law?
A person may sue for '$500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation', up to $5,000 for a willful first or second violation, plus attorney fees and costs, in general district or small claims court (§ 59.1-515). The seller and the solicitor are jointly liable (§ 59.1-514.1).
Can a business text a customer who contacted it first in Virginia?
The opt-out and do-not-call rules do not apply to a call to a person 'with whom the person on whose behalf the telephone call is made has an established business relationship', or one made with the person's signed written permission (§ 59.1-514(D)). An 'established business relationship' is based on the person's purchase from, or transaction with, the business 'within the 18 months immediately preceding' the solicitation, or the person's inquiry or application about its goods or services within the preceding three months (§ 59.1-510). That exemption is written 'for purposes of this section' (§ 59.1-514), so the statute does not extend it to the time-of-day limit in § 59.1-511. Subsection (D) refers to 'a telephone call', and the statute does not say whether it reaches texts.
How many Virginia contractor websites offer online booking?
12% of the 90 Virginia contractor homepages we loaded on a phone in October 2026 had an online booking tool and 16% had a chat or text option. 78% had neither, so after hours a call or a form was the only way in, and 47% had no form either.
Sources
Read October 29, 2026. Federal law (the TCPA and FCC rules) applies on top of state law everywhere. This page describes what the statute says. It is general information, not legal advice, and it does not cover your message content or your industry. Talk to a lawyer before relying on it.