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' 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.
§ 8.01-40.2.Unsolicited transmission of advertising materials by facsimile machine.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2003 · Last verified July 16, 2026
In one sentenceGives a person who receives an unsolicited fax advertisement a private right to sue for an injunction and the greater of actual damages or $500, shields fax-transmission carriers from liability for their customers’ messages, requires suit within two years of the transmission, and separately classifies the conduct as a Virginia Consumer Protection Act violation.
Full Text of § 8.01-40.2
B. Any intentional transmission to a facsimile device of any unsolicited advertising material shall be a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
Plain-English Summary
Subsection A gives anyone aggrieved by the intentional electronic or telephonic transmission of unsolicited advertising material to a facsimile device the right to sue the person responsible, both to enjoin further violations and to recover the greater of actual damages sustained, together with costs and reasonable attorneys’ fees, or $500. Carriers and other companies that merely provide facsimile transmission services are not responsible for their customers’ unsolicited transmissions. Suit must be brought within two years of the transmission.
Subsection B classifies the conduct itself: any intentional transmission of unsolicited advertising material to a facsimile device is a violation of the Virginia Consumer Protection Act.
Frequently Asked Questions
What can I recover if someone sends me an unsolicited fax ad?
An injunction against further violations, plus the greater of actual damages sustained (together with costs and reasonable attorneys’ fees) or $500.
Can I sue the phone company or fax-service provider that carried the message?
No. Carriers or other companies that provide facsimile transmission services are not responsible for unsolicited advertising transmissions made by their customers.
How long do I have to file suit after receiving the unsolicited fax?
An action must be commenced within two years of the transmission.
Does this section only cover injunctions, or can I get money damages too?
Both. Subsection A authorizes an action for injunctive relief and for the statutory damages described above.
Is sending unsolicited fax ads also a Consumer Protection Act violation?
Yes. Subsection B states that any intentional transmission of unsolicited advertising material to a facsimile device is a violation of the Virginia Consumer Protection Act.
Amendment History
1990, c. 246; 2003, c. 800.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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