Support Centre

You have out of 5 free articles left for the month

Signup for a trial to access unlimited content.

Start Trial

Continue reading on DataGuidance with:

Free Member

Limited Articles

Create an account to continue accessing select articles, resources, and guidance notes.

Free Trial

Unlimited Access

Start your free trial to access unlimited articles, resources, guidance notes, and workspaces.

Virginia: Senate bill amending certain CDPA definitions and enforcement provisions introduced

Senate Bill ('SB') 534 for a bill to amend the Consumer Data Protection Act ('CDPA') with respect to certain definitions and enforcement provisions was introduced, on 12 January 2022, to the General Assembly. In particular, the bill would, among other things, amend the definition of nonprofit organisations to include political organisations, and would define political organisation as 'a party, committee, association, fund, or other organization, whether or not incorporated, organized and operated primarily for the purpose of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization or the election of a presidential/vice-presidential elector, whether or not such individual or elector is selected, nominated, elected, or appointed'.

In addition, the bill would amend the CDPA's enforcement provision regarding cure periods by, among other things, providing that even if the Attorney General determines that a 30-day cure period is not possible, it may seek actual damages for aggrieved consumers under certain circumstances. In addition, the bill would provide that 'all civil penalties, expenses, and attorney fees collected [...] shall be paid into the state treasury and credited to the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund'.

A companion bill, House Bill ('HB') 714, was also introduced, on 11 January 2022, with the same purpose.

You can read the bill here and track its progress here.

UPDATE (18 February 2022)

Bill amending CDPA definitions and enforcement provisions passes Senate

The bill passed, on 11 February 2022, the State Senate and will now be considered in the House of Delegates.

You can read the bill and track its progress here.