{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-515.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-515.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-515.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-515.html"}],"law_id":77039,"edition_id":1,"section_id":77039,"structure_id":12904,"section_number":"59.1-515","catch_line":"Individual action for damages","history":"2001, cc. 528, 553; 2019, cc. 256, 264; 2020, cc. 263, 607.","full_text":"A\n\nAny natural person who is aggrieved by a violation of this chapter shall be entitled to initiate an action against any responsible person to enjoin such violation and to recover from any responsible person damages in the amount of $500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation.B\n\nIf the court finds a willful violation, the court may, in its discretion, increase the amount of any damages awarded for a first or second violation under subsection A to an amount not exceeding $5,000.C\n\nNotwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person may be awarded under subsection A or B reasonable attorney fees and court costs.D\n\nAn action for damages, attorney fees, and costs brought under this section may be filed in an appropriate general district court or small claims court against any responsible person so long as the amount claimed does not exceed the jurisdictional limits set forth in § 16.1-77 or 16.1-122.2, as applicable. Any action brought under this section that includes a request for an injunction shall be filed in an appropriate circuit court.","order_by":null,"text":{"0":{"id":276435,"text":"Any natural person who is aggrieved by a violation of this chapter shall be entitled to initiate an action against any responsible person to enjoin such violation and to recover from any responsible person damages in the amount of $500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276436,"text":"If the court finds a willful violation, the court may, in its discretion, increase the amount of any damages awarded for a first or second violation under subsection A to an amount not exceeding $5,000.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":276437,"text":"Notwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person may be awarded under subsection A or B reasonable attorney fees and court costs.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":276438,"text":"An action for damages, attorney fees, and costs brought under this section may be filed in an appropriate general district court or small claims court against any responsible person so long as the amount claimed does not exceed the jurisdictional limits set forth in § 16.1-77 or 16.1-122.2, as applicable. Any action brought under this section that includes a request for an injunction shall be filed in an appropriate circuit court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12904,"edition_id":1,"name":"Virginia Telephone Privacy Protection Act","identifier":"44","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":262389,"object_type":"structure","relational_id":12904,"identifier":"44","token":"59.1\/44","url":"\/59.1\/44\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87365,"structure_id":12904,"section_number":"59.1-510","catch_line":"(Effective January 1, 2026) Definitions","url":"\/59.1-510\/","token":"59.1\/44\/59.1-510","metadata":false},{"id":77583,"structure_id":12904,"section_number":"59.1-511","catch_line":"(Effective January 1, 2026) Solicitation time restrictions","url":"\/59.1-511\/","token":"59.1\/44\/59.1-511","metadata":false},{"id":78568,"structure_id":12904,"section_number":"59.1-512","catch_line":"(Effective January 1, 2026) Identification of telephone solicitor required","url":"\/59.1-512\/","token":"59.1\/44\/59.1-512","metadata":false},{"id":68026,"structure_id":12904,"section_number":"59.1-513","catch_line":"(Effective January 1, 2026) Transmission of solicitor identification information required","url":"\/59.1-513\/","token":"59.1\/44\/59.1-513","metadata":false},{"id":80030,"structure_id":12904,"section_number":"59.1-513.1","catch_line":"(Effective until January 1, 2026) Abandoned telephone solicitation calls","url":"\/59.1-513.1\/","token":"59.1\/44\/59.1-513.1","metadata":false},{"id":78644,"structure_id":12904,"section_number":"59.1-514","catch_line":"(Effective January 1, 2026) Unwanted telephone solicitations prohibited","url":"\/59.1-514\/","token":"59.1\/44\/59.1-514","metadata":false},{"id":86959,"structure_id":12904,"section_number":"59.1-514.1","catch_line":"(Effective January 1, 2026) Joint liability of seller and telephone solicitor for prohibited acts; rebuttable presumption","url":"\/59.1-514.1\/","token":"59.1\/44\/59.1-514.1","metadata":false},{"id":77039,"structure_id":12904,"section_number":"59.1-515","catch_line":"Individual action for damages","url":"\/59.1-515\/","token":"59.1\/44\/59.1-515","metadata":false},{"id":65267,"structure_id":12904,"section_number":"59.1-516","catch_line":"Investigative authority","url":"\/59.1-516\/","token":"59.1\/44\/59.1-516","metadata":false},{"id":81522,"structure_id":12904,"section_number":"59.1-517","catch_line":"Enforcement; civil penalties","url":"\/59.1-517\/","token":"59.1\/44\/59.1-517","metadata":false},{"id":54020,"structure_id":12904,"section_number":"59.1-518","catch_line":"Effect on other remedies, causes of action or penalties","url":"\/59.1-518\/","token":"59.1\/44\/59.1-518","metadata":false},{"id":60514,"structure_id":12904,"section_number":"59.1-518.01","catch_line":"Communication with state agencies","url":"\/59.1-518.01\/","token":"59.1\/44\/59.1-518.01","metadata":false}],"previous_section":{"id":86959,"structure_id":12904,"section_number":"59.1-514.1","catch_line":"(Effective January 1, 2026) Joint liability of seller and telephone solicitor for prohibited acts; rebuttable presumption","url":"\/59.1-514.1\/","token":"59.1\/44\/59.1-514.1","metadata":false},"next_section":{"id":65267,"structure_id":12904,"section_number":"59.1-516","catch_line":"Investigative authority","url":"\/59.1-516\/","token":"59.1\/44\/59.1-516","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-515\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapters 528<\/a> and 553<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2019, chapters 256<\/a> and 264<\/a>; in 2020, chapters 263<\/a> and 607<\/a>.<\/p>","references":[{"id":78644,"section_number":"59.1-514","catch_line":"(Effective January 1, 2026) Unwanted telephone solicitations prohibited","order_by":null,"url":"\/59.1-514\/"}],"refers_to":[{"id":61478,"section_number":"16.1-122.2","catch_line":"Jurisdiction","order_by":null,"url":"\/16.1-122.2\/"},{"id":72168,"section_number":"16.1-77","catch_line":"Civil jurisdiction of general district courts; amending amount of claim","order_by":null,"url":"\/16.1-77\/"}],"permalink":{"id":262419,"object_type":"law","relational_id":77039,"identifier":"59.1-515","token":"59.1\/44\/59.1-515","url":"\/59.1-515\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-515\/","token":"59.1\/44\/59.1-515","dublin_core":{"Title":"Individual action for damages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-515","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any natural person who is aggrieved by a violation of this chapter shall be entitled to initiate an action against any responsible person<\/span> to enjoin such violation and to recover from any responsible person<\/span> damages<\/span> in the amount of $500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court<\/span> finds a willful violation, the court<\/span> may, in its discretion, increase the amount of any damages<\/span> awarded for a first or second violation under subsection A to an amount not exceeding $5,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any other provision of law<\/span> to the contrary, in addition to any damages<\/span> awarded, such person may be awarded under subsection A or B reasonable attorney fees and court<\/span> costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An action for damages<\/span>, attorney fees, and costs brought under this section may be filed in an appropriate general district court<\/span> or small claims court<\/span> against any responsible person<\/span> so long as the amount claimed does not exceed the jurisdictional limits set forth in § 16.1-77<\/a> or 16.1-122.2<\/a>, as applicable. Any action brought under this section that includes a request for an injunction<\/span> shall be filed in an appropriate circuit<\/span> court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINDIVIDUAL ACTION FOR DAMAGES (\u00a7 59.1-515)\n\nA. Any natural person who is aggrieved by a violation of this chapter shall be\nentitled to initiate an action against any responsible person to enjoin such\nviolation and to recover from any responsible person damages in the amount of\n$500 for a first violation, $1,000 for a second violation, and $5,000 for each\nsubsequent violation.\n\nB. If the court finds a willful violation, the court may, in its discretion,\nincrease the amount of any damages awarded for a first or second violation under\nsubsection A to an amount not exceeding $5,000.\n\nC. Notwithstanding any other provision of law to the contrary, in addition to\nany damages awarded, such person may be awarded under subsection A or B\nreasonable attorney fees and court costs.\n\nD. An action for damages, attorney fees, and costs brought under this section\nmay be filed in an appropriate general district court or small claims court\nagainst any responsible person so long as the amount claimed does not exceed the\njurisdictional limits set forth in § 16.1-77 or 16.1-122.2, as applicable.\nAny action brought under this section that includes a request for an injunction\nshall be filed in an appropriate circuit court.\n\nHISTORY: 2001, cc. 528, 553; 2019, cc. 256, 264; 2020, cc. 263, 607.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}