Effective January 1, 2026, Virginia SB 1339 added consent and identification requirements aimed specifically at automated political outreach, making Virginia one of the states to watch most closely. Unlike some mini-TCPA laws that target commercial marketing, this one reaches political calls and texts directly, so campaigns texting into Virginia can't assume a political carve-out.
What does Virginia SB 1339 require?
SB 1339 layers additional obligations onto automated political calls and texts, centered on consent and clear identification of the sender. Alongside it, Virginia's amended telephone-privacy law also requires opt-out records to be retained for an extended period, reported as up to ten years, well beyond the four-year federal baseline. The through-line is that Virginia wants campaigns to both get consent and be able to prove they honored opt-outs, for a long time.
Why is SB 1339 significant?
Because it's explicitly political. Many state texting laws are written for commercial telemarketing, leaving campaigns to argue about whether they apply. SB 1339 removes that ambiguity for Virginia by addressing automated political outreach on its face. That makes it a template other states may follow, and a clear signal that the era of assuming political speech floats above state texting rules is ending. See the broader state landscape.
What should campaigns do?
If you text into Virginia, treat its rules as binding on political sends, not just commercial ones. Capture and document consent, identify the campaign clearly in every message, and extend your record retention to meet the longer state window. The practical move, as with the whole patchwork, is to build to the strictest state on your map, and Virginia is now near the top of that list. The fundamentals get you most of the way; the record-retention piece is the one to adjust specifically for Virginia.
Frequently asked questions
What is Virginia SB 1339?
A Virginia law effective January 1, 2026, adding consent and identification requirements for automated political outreach, alongside extended opt-out record retention under the state's telephone-privacy law.
Does SB 1339 apply to political campaigns?
Yes, explicitly. Unlike many state texting laws written for commercial marketing, SB 1339 addresses automated political calls and texts directly, so campaigns can't assume a political exemption in Virginia.
How long must you keep opt-out records in Virginia?
Virginia's amended law requires opt-out records to be kept for an extended period, reported as up to ten years, longer than the four-year federal baseline. Adjust your retention accordingly.
Keep reading: state texting laws and recordkeeping for text compliance. For federal rules, see the FCC.
This is general information, not legal advice. State laws change, current as of the date above; consult counsel.