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.
(A)(79) 1 Failing to disclose the use of artificial intelligence technology in the creation of any item that includes a videographic or still image intending to depict an actual person or an audio or audio-visual recording intending to depict the voice of an actual person where such creator disseminates or sells such item.
This provision adds a new enumerated prohibited practice to the Virginia Consumer Protection Act's existing list of unlawful supplier conduct. The new subdivision 79 targets a narrow scenario: when a supplier uses artificial intelligence technology to create content — specifically, a videographic or still image intending to depict an actual person, or an audio or audio-visual recording intending to depict the voice of an actual person — and then disseminates or sells that content, the supplier must disclose the use of AI in its creation. Failure to disclose constitutes a VCPA violation.
The obligation is triggered only when the AI-generated content is both (1) intended to depict a real person or their voice and (2) disseminated or sold. The bill does not prescribe the form, timing, or placement of the required disclosure, leaving those details to general VCPA reasonableness standards. Because the obligation is embedded in the existing VCPA prohibited-practices list, it inherits the full VCPA enforcement apparatus — AG enforcement, private right of action, and existing remedies — without creating any new enforcement mechanism.
(B) Nothing in this section shall be construed to invalidate or make unenforceable any contract or lease solely by reason of the failure of such contract or lease to comply with any other law of the Commonwealth or any federal statute or regulation, to the extent such other law, statute, or regulation provides that a violation of such law, statute, or regulation shall not invalidate or make unenforceable such contract or lease.
This subsection is an existing VCPA provision reenacted without change. It preserves the enforceability of contracts and leases that may violate other Commonwealth or federal laws, clarifying that noncompliance with those other laws does not, by itself, render a contract void under the VCPA.