WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
As used in this chapter, unless the context requires a different meaning: "Cloud computing storage serviceCloud computing storage service"Cloud computing storage service" means a service that enables convenient, on-demand network access to a shared pool of configurable computing resources that can be rapidly provisioned and released with minimal management effort or service provider interaction. "Cloud computing storage service" includes the service and deployment models therein.Va. Code § 59.1-607" means a service that enables convenient, on-demand network access to a shared pool of configurable computing resources that can be rapidly provisioned and released with minimal management effort or service provider interaction. "Cloud computing storage serviceCloud computing storage service"Cloud computing storage service" means a service that enables convenient, on-demand network access to a shared pool of configurable computing resources that can be rapidly provisioned and released with minimal management effort or service provider interaction. "Cloud computing storage service" includes the service and deployment models therein.Va. Code § 59.1-607" includes the service and deployment models therein. "ConsentConsent"Consent" means a clear affirmative act signifying a user's freely given, specific, informed, and unambiguous agreement to allow voice purchasing on a smart speaker device or smart display device. Consent may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.Va. Code § 59.1-607" means a clear affirmative act signifying a userUser"User" means a person who originally purchases, leases, or takes ownership of a smart speaker device or smart display device or another person designated by the user to perform the initial setup or installation of the smart speaker device or smart display device.Va. Code § 59.1-607's freely given, specific, informed, and unambiguous agreement to allow voice purchasingVoice purchasing"Voice purchasing" means the hands-free verbal activation of a virtual assistant to buy products or services.Va. Code § 59.1-607 on a smart speaker deviceSmart speaker device"Smart speaker device" or "smart display device" means a speaker or display that uses hands-free verbal activation and that is installed in a residence that has (i) an integrated virtual assistant or (ii) the ability to access a virtual assistant.Va. Code § 59.1-607 or smart display device. ConsentConsent"Consent" means a clear affirmative act signifying a user's freely given, specific, informed, and unambiguous agreement to allow voice purchasing on a smart speaker device or smart display device. Consent may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.Va. Code § 59.1-607 may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action. "LicenseLicense"License" means any contract that authorizes access to, or use, distribution, performance, modification, or reproduction of, a virtual assistant, but expressly limits the access or uses authorized or expressly grants fewer than all rights in the virtual assistant, whether or not the virtual assistant licensee has title to a licensed copy.Va. Code § 59.1-607" means any contract that authorizes access to, or use, distribution, performance, modification, or reproduction of, a virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607, but expressly limits the access or uses authorized or expressly grants fewer than all rights in the virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607, whether or not the virtual assistant licenseeVirtual assistant licensee"Virtual assistant licensee" means an entity entitled by agreement to acquire or exercise rights in, or to have access to or use of, a virtual assistant. A virtual assistant licensor is not a virtual assistant licensee with respect to rights reserved to it under such agreement.Va. Code § 59.1-607 has title to a licensed copy. "Smart speaker deviceSmart speaker device"Smart speaker device" or "smart display device" means a speaker or display that uses hands-free verbal activation and that is installed in a residence that has (i) an integrated virtual assistant or (ii) the ability to access a virtual assistant.Va. Code § 59.1-607" or "smart display device" means a speaker or display that uses hands-free verbal activation and that is installed in a residence that has (i) an integrated virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607 or (ii) the ability to access a virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607. "Software programSoftware program"Software program" means any digital product or service that runs on an operating system.Va. Code § 59.1-607" means any digital product or service that runs on an operating system. "UserUser"User" means a person who originally purchases, leases, or takes ownership of a smart speaker device or smart display device or another person designated by the user to perform the initial setup or installation of the smart speaker device or smart display device.Va. Code § 59.1-607" means a person who originally purchases, leases, or takes ownership of a smart speaker deviceSmart speaker device"Smart speaker device" or "smart display device" means a speaker or display that uses hands-free verbal activation and that is installed in a residence that has (i) an integrated virtual assistant or (ii) the ability to access a virtual assistant.Va. Code § 59.1-607 or smart display device or another person designated by the userUser"User" means a person who originally purchases, leases, or takes ownership of a smart speaker device or smart display device or another person designated by the user to perform the initial setup or installation of the smart speaker device or smart display device.Va. Code § 59.1-607 to perform the initial setup or installation of the smart speaker deviceSmart speaker device"Smart speaker device" or "smart display device" means a speaker or display that uses hands-free verbal activation and that is installed in a residence that has (i) an integrated virtual assistant or (ii) the ability to access a virtual assistant.Va. Code § 59.1-607 or smart display device. "User agreementUser agreement"User agreement" means a contract offered by a virtual assistant licensee or virtual assistant licensor and signed by a user that outlines the terms and conditions of the user's operation of a product or service, including a virtual assistant, smart speaker device, or smart display device, and the user's agreement to which is a condition of the user's operation of the product or service.Va. Code § 59.1-607" means a contract offered by a virtual assistant licenseeVirtual assistant licensee"Virtual assistant licensee" means an entity entitled by agreement to acquire or exercise rights in, or to have access to or use of, a virtual assistant. A virtual assistant licensor is not a virtual assistant licensee with respect to rights reserved to it under such agreement.Va. Code § 59.1-607 or virtual assistant licensorVirtual assistant licensor"Virtual assistant licensor" means an entity (i) obligated by agreement to transfer or create rights in, or to give access to or use of, a virtual assistant or (ii) that sells or offers for sale a smart speaker device or smart display device that has an integrated virtual assistant for which the virtual assistant licensor has title. Between the provider of access and the provider of the virtual assistant to be accessed, the provider of the virtual assistant is the virtual assistant licensor.Va. Code § 59.1-607 and signed by a userUser"User" means a person who originally purchases, leases, or takes ownership of a smart speaker device or smart display device or another person designated by the user to perform the initial setup or installation of the smart speaker device or smart display device.Va. Code § 59.1-607 that outlines the terms and conditions of the userUser"User" means a person who originally purchases, leases, or takes ownership of a smart speaker device or smart display device or another person designated by the user to perform the initial setup or installation of the smart speaker device or smart display device.Va. Code § 59.1-607's operation of a product or service, including a virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607, smart speaker deviceSmart speaker device"Smart speaker device" or "smart display device" means a speaker or display that uses hands-free verbal activation and that is installed in a residence that has (i) an integrated virtual assistant or (ii) the ability to access a virtual assistant.Va. Code § 59.1-607, or smart display device, and the userUser"User" means a person who originally purchases, leases, or takes ownership of a smart speaker device or smart display device or another person designated by the user to perform the initial setup or installation of the smart speaker device or smart display device.Va. Code § 59.1-607's agreement to which is a condition of the userUser"User" means a person who originally purchases, leases, or takes ownership of a smart speaker device or smart display device or another person designated by the user to perform the initial setup or installation of the smart speaker device or smart display device.Va. Code § 59.1-607's operation of the product or service. "Virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607" means a software programSoftware program"Software program" means any digital product or service that runs on an operating system.Va. Code § 59.1-607 that is connected to a cloud computing storage serviceCloud computing storage service"Cloud computing storage service" means a service that enables convenient, on-demand network access to a shared pool of configurable computing resources that can be rapidly provisioned and released with minimal management effort or service provider interaction. "Cloud computing storage service" includes the service and deployment models therein.Va. Code § 59.1-607 that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions. "Virtual assistant licenseeVirtual assistant licensee"Virtual assistant licensee" means an entity entitled by agreement to acquire or exercise rights in, or to have access to or use of, a virtual assistant. A virtual assistant licensor is not a virtual assistant licensee with respect to rights reserved to it under such agreement.Va. Code § 59.1-607" means an entity entitled by agreement to acquire or exercise rights in, or to have access to or use of, a virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607. A virtual assistant licensorVirtual assistant licensor"Virtual assistant licensor" means an entity (i) obligated by agreement to transfer or create rights in, or to give access to or use of, a virtual assistant or (ii) that sells or offers for sale a smart speaker device or smart display device that has an integrated virtual assistant for which the virtual assistant licensor has title. Between the provider of access and the provider of the virtual assistant to be accessed, the provider of the virtual assistant is the virtual assistant licensor.Va. Code § 59.1-607 is not a virtual assistant licenseeVirtual assistant licensee"Virtual assistant licensee" means an entity entitled by agreement to acquire or exercise rights in, or to have access to or use of, a virtual assistant. A virtual assistant licensor is not a virtual assistant licensee with respect to rights reserved to it under such agreement.Va. Code § 59.1-607 with respect to rights reserved to it under such agreement. "Virtual assistant licensorVirtual assistant licensor"Virtual assistant licensor" means an entity (i) obligated by agreement to transfer or create rights in, or to give access to or use of, a virtual assistant or (ii) that sells or offers for sale a smart speaker device or smart display device that has an integrated virtual assistant for which the virtual assistant licensor has title. Between the provider of access and the provider of the virtual assistant to be accessed, the provider of the virtual assistant is the virtual assistant licensor.Va. Code § 59.1-607" means an entity (i) obligated by agreement to transfer or create rights in, or to give access to or use of, a virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607 or (ii) that sells or offers for sale a smart speaker deviceSmart speaker device"Smart speaker device" or "smart display device" means a speaker or display that uses hands-free verbal activation and that is installed in a residence that has (i) an integrated virtual assistant or (ii) the ability to access a virtual assistant.Va. Code § 59.1-607 or smart display device that has an integrated virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607 for which the virtual assistant licensorVirtual assistant licensor"Virtual assistant licensor" means an entity (i) obligated by agreement to transfer or create rights in, or to give access to or use of, a virtual assistant or (ii) that sells or offers for sale a smart speaker device or smart display device that has an integrated virtual assistant for which the virtual assistant licensor has title. Between the provider of access and the provider of the virtual assistant to be accessed, the provider of the virtual assistant is the virtual assistant licensor.Va. Code § 59.1-607 has title. Between the provider of access and the provider of the virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607 to be accessed, the provider of the virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607 is the virtual assistant licensorVirtual assistant licensor"Virtual assistant licensor" means an entity (i) obligated by agreement to transfer or create rights in, or to give access to or use of, a virtual assistant or (ii) that sells or offers for sale a smart speaker device or smart display device that has an integrated virtual assistant for which the virtual assistant licensor has title. Between the provider of access and the provider of the virtual assistant to be accessed, the provider of the virtual assistant is the virtual assistant licensor.Va. Code § 59.1-607. "Voice purchasingVoice purchasing"Voice purchasing" means the hands-free verbal activation of a virtual assistant to buy products or services.Va. Code § 59.1-607" means the hands-free verbal activation of a virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607 to buy products or services.
This section establishes the defined terms for the Fair Voice Purchasing Act. Key terms include virtual assistant (a cloud-connected software program using speech recognition and NLP), smart speaker device and smart display device (residential speakers or displays with hands-free verbal activation and integrated or accessible virtual assistants), and consent (a clear affirmative act signifying freely given, specific, informed, and unambiguous agreement to allow voice purchasing). The definitions narrowly scope the Act's coverage to residential smart speaker and display devices, excluding portable electronics and devices with non-speaker/display primary purposes.
(A) 1 No virtual assistant licenseeVirtual assistant licensee"Virtual assistant licensee" means an entity entitled by agreement to acquire or exercise rights in, or to have access to or use of, a virtual assistant. A virtual assistant licensor is not a virtual assistant licensee with respect to rights reserved to it under such agreement.Va. Code § 59.1-607 or virtual assistant licensorVirtual assistant licensor"Virtual assistant licensor" means an entity (i) obligated by agreement to transfer or create rights in, or to give access to or use of, a virtual assistant or (ii) that sells or offers for sale a smart speaker device or smart display device that has an integrated virtual assistant for which the virtual assistant licensor has title. Between the provider of access and the provider of the virtual assistant to be accessed, the provider of the virtual assistant is the virtual assistant licensor.Va. Code § 59.1-607 shall provide voice purchasingVoice purchasing"Voice purchasing" means the hands-free verbal activation of a virtual assistant to buy products or services.Va. Code § 59.1-607 on a smart speaker deviceSmart speaker device"Smart speaker device" or "smart display device" means a speaker or display that uses hands-free verbal activation and that is installed in a residence that has (i) an integrated virtual assistant or (ii) the ability to access a virtual assistant.Va. Code § 59.1-607 or smart display device unless such licensee or licensor obtains consentConsent"Consent" means a clear affirmative act signifying a user's freely given, specific, informed, and unambiguous agreement to allow voice purchasing on a smart speaker device or smart display device. Consent may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.Va. Code § 59.1-607 from (i) the user of such device or (ii) another person authorized by the userUser"User" means a person who originally purchases, leases, or takes ownership of a smart speaker device or smart display device or another person designated by the user to perform the initial setup or installation of the smart speaker device or smart display device.Va. Code § 59.1-607 to provide such consentConsent"Consent" means a clear affirmative act signifying a user's freely given, specific, informed, and unambiguous agreement to allow voice purchasing on a smart speaker device or smart display device. Consent may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.Va. Code § 59.1-607.
(B) 1 A userUser"User" means a person who originally purchases, leases, or takes ownership of a smart speaker device or smart display device or another person designated by the user to perform the initial setup or installation of the smart speaker device or smart display device.Va. Code § 59.1-607 may authorize another person to provide consentConsent"Consent" means a clear affirmative act signifying a user's freely given, specific, informed, and unambiguous agreement to allow voice purchasing on a smart speaker device or smart display device. Consent may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.Va. Code § 59.1-607 pursuant to clause (ii) of subsection A by a freely given, specific, informed, and unambiguous affirmative statement that allows such person to engage in voice purchasingVoice purchasing"Voice purchasing" means the hands-free verbal activation of a virtual assistant to buy products or services.Va. Code § 59.1-607 on behalf of the userUser"User" means a person who originally purchases, leases, or takes ownership of a smart speaker device or smart display device or another person designated by the user to perform the initial setup or installation of the smart speaker device or smart display device.Va. Code § 59.1-607.
(C) 1 ConsentConsent"Consent" means a clear affirmative act signifying a user's freely given, specific, informed, and unambiguous agreement to allow voice purchasing on a smart speaker device or smart display device. Consent may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.Va. Code § 59.1-607 pursuant to subsection A shall not be obtained (i) by signature of a user agreementUser agreement"User agreement" means a contract offered by a virtual assistant licensee or virtual assistant licensor and signed by a user that outlines the terms and conditions of the user's operation of a product or service, including a virtual assistant, smart speaker device, or smart display device, and the user's agreement to which is a condition of the user's operation of the product or service.Va. Code § 59.1-607 or (ii) as a condition of the operation of the virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607.
This section contains the Act's core operative requirement: virtual assistant licensees and licensors may not enable voice purchasing on a smart speaker or smart display device unless they first obtain consent from the device's user or a person the user has authorized. The consent standard is exacting — it must be freely given, specific, informed, and unambiguous, and it may not be obtained by signature of a user agreement or as a condition of operating the virtual assistant. This effectively prohibits bundling voice-purchasing consent into standard terms of service or requiring it for basic device functionality.
The delegation mechanism in subsection B allows the user to authorize a third party to consent on the user's behalf, but requires a separate freely given, specific, informed, and unambiguous affirmative statement from the user establishing that delegation.
This chapter shall not be construed to apply to any of the following: 1. Portable electronic devices, including cellular telephones, pagers, watches, headphones, tablets, or laptop computers. 2. Electronic devices intended for residential use that have a primary purpose that is not a smart speaker deviceSmart speaker device"Smart speaker device" or "smart display device" means a speaker or display that uses hands-free verbal activation and that is installed in a residence that has (i) an integrated virtual assistant or (ii) the ability to access a virtual assistant.Va. Code § 59.1-607 or smart display device, including home computers, televisions, kitchen appliances, thermostats, lighting or window treatments, security or home monitoring systems, pet care systems, or lawn care systems. 3. Motor vehicles. 4. Any other electronic device that has an integrated virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607 or the ability to access a virtual assistantVirtual assistant"Virtual assistant" means a software program that is connected to a cloud computing storage service that uses speech recognition and natural language processing to process demands, complete tasks, or answer questions.Va. Code § 59.1-607 that has a primary purpose that is not a smart speaker deviceSmart speaker device"Smart speaker device" or "smart display device" means a speaker or display that uses hands-free verbal activation and that is installed in a residence that has (i) an integrated virtual assistant or (ii) the ability to access a virtual assistant.Va. Code § 59.1-607 or smart display device.
This section carves out from the Act's scope several categories of devices: portable electronic devices (phones, tablets, laptops, watches, headphones, pagers), residential electronic devices whose primary purpose is not as a smart speaker or smart display (televisions, kitchen appliances, thermostats, security systems, etc.), motor vehicles, and any other electronic device with an integrated or accessible virtual assistant whose primary purpose is not as a smart speaker or smart display. The exclusions significantly narrow the Act's reach to dedicated smart speaker and smart display products in residential settings.
Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
This section establishes that any violation of the Fair Voice Purchasing Act constitutes a prohibited practice under § 59.1-200 and is subject to all enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.). This cross-reference means the Attorney General may bring enforcement actions and individual consumers may pursue private claims for actual damages, injunctive relief, and attorney's fees.
A(83)/(84) Violating any provision of the Fair Voice PurchasingVoice purchasing"Voice purchasing" means the hands-free verbal activation of a virtual assistant to buy products or services.Va. Code § 59.1-607 Act (§ 59.1-607 et seq.).
This section amends Virginia's enumerated list of prohibited consumer practices in § 59.1-200 to add a new item (numbered 83 in the pre-July 1, 2025 version and 84 in the post-July 1, 2025 version) declaring that violating any provision of the Fair Voice Purchasing Act (§ 59.1-607 et seq.) constitutes a prohibited practice. This cross-listing is the statutory mechanism that subjects Fair Voice Purchasing Act violations to the full enforcement apparatus of the Virginia Consumer Protection Act.