                                 CODE OF VIRGINIA

(EFFECTIVE JANUARY 1, 2026) JOINT LIABILITY OF SELLER AND TELEPHONE SOLICITOR
FOR PROHIBITED ACTS; REBUTTABLE PRESUMPTION (§ 59.1-514.1)

A. A seller on whose behalf or for whose benefit a telephone solicitor makes or
initiates a telephone solicitation in violation of any provision of &#xA7;
59.1-511, 59.1-512, 59.1-513, or 59.1-514 and the telephone solicitor making or
initiating the telephone solicitation shall be jointly and severally liable for
such violation.

B. A telephone solicitation offering or advertising a seller&#8217;s property,
goods, or services shall be presumed to have been made or initiated on behalf of
or for the benefit of the seller, whether or not any agency relationship exists
between the telephone solicitor and the seller, whether or not the seller
supervised or directed the conduct of the telephone solicitor, and whether or
not the telephone solicitor is shown to have acted at the seller&#8217;s
direction and request when making or initiating the telephone solicitation. The
presumption may be rebutted if it is shown by clear and convincing evidence that
the seller did not retain or request the telephone solicitor to make telephone
solicitations on the seller&#8217;s behalf or for the seller&#8217;s benefit and
that the telephone solicitations offering or advertising the seller&#8217;s
property, goods, or services were made by the telephone solicitor without the
seller&#8217;s knowledge or consent.

HISTORY: 2019, cc. 256, 264; 2025, c. 626.