                                 CODE OF VIRGINIA

UNSOLICITED TRANSMISSION OF ADVERTISING MATERIALS BY FACSIMILE MACHINE (§
8.01-40.2)

A. Any person aggrieved by the intentional electronic or telephonic transmission
to a facsimile device of unsolicited advertising material may bring an action
against the person responsible for the transmission to enjoin further violations
and to recover the greater of (i) actual damages sustained, together with costs
and reasonable attorneys&#8217; fees, or (ii) $500. Carriers or other companies
which provide facsimile transmission services shall not be responsible for
transmissions of unsolicited advertising materials by their customers. An action
brought pursuant to this section shall be commenced within two years of the
transmission.

B. Any intentional transmission to a facsimile device of any unsolicited
advertising material shall be a violation of the Virginia Consumer Protection
Act (&#xA7; 59.1-196 et seq.).

HISTORY: 1990, c. 246; 2003, c. 800.