Joint liability of seller and telephone solicitor for prohibited acts; rebuttable presumption
Va. Code Ann. § 59.1-514.1
in effectA. A seller on whose behalf or for whose benefit a telephone solicitor makes or initiates a telephone solicitation in violation of any provision of § 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'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'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's behalf or for the seller's benefit and that the telephone solicitations offering or advertising the seller's property, goods, or services were made by the telephone solicitor without the seller's knowledge or consent.
2019, cc. 256 , 264 ; 2025, c. 626 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/59.1-514.1/Fetched: 10/16/2026