Virginia 2019 Regular Session Status: Enacted

HB 2600 — Va. Telephone Privacy Protection Act; joint liability of seller & telephone solicitor for violation.

Last action — Approved by Governor-Chapter 256 (effective 7/1/19)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Provides that a telephone solicitor and the seller on whose behalf or for whose benefit a telephone solicitation call offering or advertising a seller's property, goods, or services is made or initiated are jointly and severally liable for violations of the Virginia Telephone Privacy Protection Act (§ 59.1-510 et seq.). The measure establishes a presumption that a telephone solicitation call offering or advertising a seller's property, goods, or services is made or initiated on behalf of or for the benefit of the seller and provides that this presumption may be rebutted if it is shown by clear and convincing evidence that (i) the seller did not retain or request the telephone solicitor to make telephone solicitation calls on the seller's behalf or for the seller's benefit and (ii) such telephone solicitation calls were made by the telephone solicitor without the seller's knowledge or consent. The measure removes a provision that authorized the Commissioner of the Department of Agriculture and Consumer Services to inquire into possible violations of the Act and contains technical amendments. This bill is identical to

Bill Text

What changed in the latest version

21 added · 22 removed

Plain-language change summary

The recent changes to HB 2600 clarify the Virginia Telephone Privacy Protection Act by specifying the conditions under which a seller and a telephone solicitor can be jointly liable for unsolicited calls. The bill now emphasizes that both parties can be held responsible unless the seller can prove they had no involvement or knowledge of the solicitation. This adjustment is significant because it strengthens consumer protections against unwanted telemarketing calls, making it easier for individuals to seek legal action if they receive such calls.

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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 59.1-510, 59.1-515, 59.1-516, and 59.1-517 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-514.1, relating to the Virginia Telephone Privacy Protection Act;
SESSION history | hilite | pdf | print version CHAPTER 256 An Act to amend and reenact §§ 59.1-510, 59.1-515, 59.1-516, and 59.1-517 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-514.1, relating to the Virginia Telephone Privacy Protection Act;
[H 2600] Approved   Be it enacted by the General Assembly of Virginia:
[H 2600] Approved March 8, 2019   Be it enacted by the General Assembly of Virginia:
"Responsible person" means either or both of a (i) telephone solicitor or (ii) a seller if the telephone solicitation call offering or advertising the seller's property, goods, or services is presumed to have been made or initiated on behalf of or for the benefit of the seller and the presumption is not rebutted as provided in subsection B of § 59.1-514.1.
"Responsible person" means either or both of (i) a telephone solicitor or (ii) a seller if the telephone solicitation call offering or advertising the seller's property, goods, or services is presumed to have been made or initiated on behalf of or for the benefit of the seller and the presumption is not rebutted as provided in subsection B of § 59.1-514.1.
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Action History

  1. Approved by Governor-Chapter 256 (effective 7/1/19)

  2. Governor's Action Deadline Midnight, March 26, 2019

  3. Enrolled Bill communicated to Governor on February 21, 2019

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Read third time

  8. Referred to Committee on Commerce and Labor

  9. Constitutional reading dispensed

  10. Read third time and passed House (98-Y 1-N)

  11. Engrossed by House - committee substitute HB2600H1

  12. Committee substitute agreed to 19106295D-H1

  13. Read second time

  14. Read first time

  15. Referred to Committee on Commerce and Labor

  16. Presented and ordered printed 19102586D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed Senate

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Black — Yea
Chafin — Yea
Dance — Yea
Carrico — Yea
McClellan — Yea
Spruill — Yea
Wagner — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 39000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Black — Yea
Carrico — Yea
Dance — Yea
McClellan — Yea
Chafin — Yea
Spruill — Yea
Wagner — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Commerce and Labor with substitute

Passed 17 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17200
Total 17200
% of votes cast 89%11%0%0%
How each member voted (19)
Member Party Vote
Keam — Yea
Lindsey — Yea
Marshall — Yea
Bell, Robert B. — Yea
Bourne — Yea
Byron — Nay
Filler-Corn — Yea
Heretick — Yea
Kory — Yea
Mullin — Yea
Ransone — Yea
Toscano — Yea
Yancey — Yea
Christopher T. Head — Yea
Lamont Bagby — Yea
Michael J. Webert — Yea
R. Lee Ware — Yea
Terry G. Kilgore — Yea
Tony O. Wilt — Nay

Official roll call →

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 2600 do?
Provides that a telephone solicitor and the seller on whose behalf or for whose benefit a telephone solicitation call offering or advertising a seller's property, goods, or services is made or initiated are jointly and severally liable for violations of the Virginia Telephone Privacy Protection Act (§ 59.1-510 et seq.). The measure establishes a presumption that a telephone solicitation call offering or advertising a seller's property, goods, or services is made or initiated on behalf of or for the benefit of the seller and provides that this presumption may be rebutted if it is shown by clear and convincing evidence that (i) the seller did not retain or request the telephone solicitor to make telephone solicitation calls on the seller's behalf or for the seller's benefit and (ii) such telephone solicitation calls were made by the telephone solicitor without the seller's knowledge or consent. The measure removes a provision that authorized the Commissioner of the Department of Agriculture and Consumer Services to inquire into possible violations of the Act and contains technical amendments. This bill is identical to
Who sponsors HB 2600?
HB 2600 is sponsored by Bell, John J..
What is the current status of HB 2600?
This bill has been enacted into law. Introduced January 09, 2019. Enacted.
Where can I track HB 2600?
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