8.01-40.2 - Unsolicited transmission of advertising materials by facsimile machine. - Virginia Statutes

§ 8.01-40.2. Unsolicited transmission of advertising materials by facsimilemachine.

A. Any person aggrieved by the intentional electronic or telephonictransmission to a facsimile device of unsolicited advertising material maybring an action against the person responsible for the transmission to enjoinfurther violations and to recover the greater of (i) actual damagessustained, together with costs and reasonable attorneys' fees, or (ii) $500.Carriers or other companies which provide facsimile transmission servicesshall not be responsible for transmissions of unsolicited advertisingmaterials by their customers. An action brought pursuant to this sectionshall be commenced within two years of the transmission.

B. Any intentional transmission to a facsimile device of any unsolicitedadvertising material shall be a violation of the Virginia Consumer ProtectionAct (§ 59.1-196 et seq.).

(1990, c. 246; 2003, c. 800.)