HB1368 — Consumer Data Protection Act; individual action for damages or penalty, social media platforms.

Summary

Consumer Data Protection Act; individual action for damages or penalty, social media platforms.

Bill Text

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 2 section(s) of the Code of Virginia: 59.1-584, 59.1-584.1.

• 59.1-584

  , except as provided for in § 59.1-584.1

  Inserts “, except as provided for in § 59.1-584.1”.

• 59.1-584

  chapter → section

  Replaces “chapter” with “section”.

• 59.1-584

  that → such

  Replaces “that” with “such”.

• 59.1-584

  chapter → section

  Replaces “chapter” with “section”.

• 59.1-584

  chapter → section

  Replaces “chapter” with “section”.

• 59.1-584

  E. Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations of this chapter or under any other law.

  Strikes “E. Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations of this chapter or under any other law.”.

• 59.1-584.1

  A.

  Inserts “A.”.

• 59.1-584.1

  Prior to initiating any action under this section,

  Inserts “Prior to initiating any action under this section,”.

• 59.1-584.1

  a parent or minor

  Inserts “a parent or minor”.

• 59.1-584.1

  shall provide a controller or processor 30 days' written notice identifying the specific provisions of

  Inserts “shall provide a controller or processor 30 days' written notice identifying the specific provisions of”.

• 59.1-584.1

  § 59.1-577.1 such parent or minor

  Inserts “§ 59.1-577.1 such parent or minor”.

• 59.1-584.1

  alleges have been or are being violated. If

  Inserts “alleges have been or are being violated. If”.

• 59.1-584.1

  ,

  Inserts “,”.

• 59.1-584.1

  within the 30-day period

  Inserts “within the 30-day period”.

• 59.1-584.1

  ,

  Inserts “,”.

• 59.1-584.1

  the controller or processor cures the noticed violation and provides

  Inserts “the controller or processor cures the noticed violation and provides”.

• 59.1-584.1

  such parent or minor

  Inserts “such parent or minor”.

• 59.1-584.1

  an express written statement that the alleged violations have been cured and that no further violations shall occur, no action shall be initiated against the controller or processor

  Inserts “an express written statement that the alleged violations have been cured and that no further violations shall occur, no action shall be initiated against the controller or processor”.

• 59.1-584.1

  .

  Inserts “.”.

• 59.1-584.1

  A parent or minor shall offer a controller or processor an opportunity to cure

  Inserts “A parent or minor shall offer a controller or processor an opportunity to cure”.

• 59.1-584.1

  pursuant to this subsection

  Inserts “pursuant to this subsection”.

• 59.1-584.1

  only once per substantially similar violation prior to initiating an action under this section.

  Inserts “only once per substantially similar violation prior to initiating an action under this section.”.

• 59.1-584.1

  B.

  Inserts “B.”.

• 59.1-584.1

  If a controller or processor continues to violate § 59.1-577.1 following the cure period in subsection A or breaches an express written statement provided to the

  Inserts “If a controller or processor continues to violate § 59.1-577.1 following the cure period in subsection A or breaches an express written statement provided to the”.

• 59.1-584.1

  parent or minor

  Inserts “parent or minor”.

• 59.1-584.1

  under such subsection, a

  Inserts “under such subsection, a”.

• 59.1-584.1

  ny parent or minor who suffers loss as the result of a violation of § 59.1-577.1 shall be entitled to initiate an action

  Inserts “ny parent or minor who suffers loss as the result of a violation of § 59.1-577.1 shall be entitled to initiate an action”.

• 59.1-584.1

  against

  Inserts “against”.

• 59.1-584.1

  the

  Inserts “the”.

• 59.1-584.1

  controller or processor

  Inserts “controller or processor”.

• 59.1-584.1

  to recover actual

  Inserts “to recover actual”.

• 59.1-584.1

  damages, or $500 per violation, whichever is greater.

  Inserts “damages, or $500 per violation, whichever is greater.”.

• 59.1-584.1

  If the trier of fact finds that the violation was willful, it may increase damages to an amount not exceeding three times the actual damages sustained, or $1,000, whichever is greater.

  Inserts “If the trier of fact finds that the violation was willful, it may increase damages to an amount not exceeding three times the actual damages sustained, or $1,000, whichever is greater.”.

• 59.1-584.1

  C.

  Inserts “C.”.

• 59.1-584.1

  Notwithstanding any other provision of law to the contrary, in addition to any damages awarded, such

  Inserts “Notwithstanding any other provision of law to the contrary, in addition to any damages awarded, such”.

• 59.1-584.1

  parent or minor

  Inserts “parent or minor”.

• 59.1-584.1

  may

  Inserts “may”.

• 59.1-584.1

  also

  Inserts “also”.

• 59.1-584.1

  be awarded

  Inserts “be awarded”.

• 59.1-584.1

  injunctive or declaratory relief and

  Inserts “injunctive or declaratory relief and”.

Action History

1. February 18, 2026

   H Left in Committee Communications, Technology and Innovation

2. February 04, 2026

   H Subcommittee recommends striking from the docket (10-Y 0-N)

3. February 03, 2026

   H Placed on Communications, Technology and Innovation Agenda

4. January 29, 2026

   H Assigned HST sub: Technology and Innovation

5. January 20, 2026

   H Referred to Committee on Communications, Technology and Innovation

6. January 20, 2026

   H Presented and ordered printed 26104952D

Sponsors

• Joshua E. Thomas · Primary

Votes

Subjects