<p class=ldtitle>A BILL to amend and reenact § 59.1-584 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-584.1, relating to Consumer Data Protection Act; individual action for damages or penalty; social media platforms.</p>
Summary
HB1368 would amend Virginia’s Consumer Data Protection Act to create a new private right of action for parents or minors against controllers or processors that violate § 59.1-577.1, which appears to govern social media platform-related protections. Under the bill, a parent or minor would have to give 30 days’ written notice before suing, and the defendant would have one opportunity to cure the alleged violation for a substantially similar issue. If the violation continues or the cure statement is breached, the plaintiff could recover actual damages or $500 per violation, whichever is greater, with enhanced damages for willful violations, plus injunctive or declaratory relief, attorney fees, and court costs.
The bill also revises the existing enforcement section of the Consumer Data Protection Act. It preserves the Attorney General’s exclusive enforcement authority for the chapter generally, but clarifies the AG’s notice-and-cure process, civil penalty authority, and ability to recover expenses and attorney fees. It also expressly states that the chapter does not create a private right of action except as provided in the new social-media-related section. In practical terms, the bill would add a targeted consumer remedy while leaving the broader enforcement structure largely centered on the Attorney General.
Impact
If enacted, HB1368 would change Virginia law by adding a limited private enforcement mechanism to the Consumer Data Protection Act for parents and minors alleging violations of § 59.1-577.1, likely affecting social media platforms and other covered data controllers or processors. It would expose those entities to statutory damages, injunctive relief, and fee shifting in individual suits, while also preserving the Attorney General’s enforcement role and existing civil penalty framework for the rest of the chapter. The bill would therefore expand potential liability and litigation risk for covered platforms and create a new avenue for consumer enforcement that does not currently exist under the Act.
Sentiment
The available legislative history suggests limited support and no recorded opposition in the subcommittee vote, but the bill did not advance and was left in committee. The subcommittee recommendation to strike the bill from the docket was unanimous (10-0), indicating that the measure did not generate enough momentum to move forward. With no committee transcript available, the public record here reflects procedural resistance or lack of support rather than a detailed policy debate.
Contention
The main point of contention is the creation of a private right of action against social media platforms and other covered entities, which would allow parents and minors to sue for damages and fees. Supporters would likely view this as a stronger enforcement tool for protecting children’s data and online privacy, while opponents would likely worry about increased litigation, statutory damages, and compliance burdens for platforms. Another likely issue is the bill’s interaction with the Attorney General’s exclusive enforcement authority, since the bill carves out a narrow exception and could be seen as shifting enforcement from public to private actors.
A bill for an act providing for the processing and marketing of meat and poultry products, including by prohibiting vertical integration, providing for a health and safety program, and providing for the divestiture of interests in processors by certain retailers, and providing penalties.
A bill for an act providing for the processing and marketing of meat and poultry products, including by prohibiting vertical integration, providing for a health and safety program, and providing for the divestiture of interests in processors by certain retailers, and providing penalties.
A BILL to amend and reenact § 59.1-584 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-584.1, relating to Consumer Data Protection Act; individual action for damages or penalty; social media platforms.