Consumer Data Protection Act, social media platforms and minors (SB 854)
VA SB 854
Children · Comprehensive privacy
Requires social media platforms to use commercially reasonable methods, such as a neutral age screen, to identify users under 16, and to limit those users to one hour per day per service unless a parent gives verifiable consent to change the limit. Age data may be used only for age determination. On February 27, 2026 the U.S. District Court for the Eastern District of Virginia preliminarily enjoined the Attorney General from enforcing it against any NetChoice member (NetChoice v. Jones, No. 1:25-cv-02067); the Fourth Circuit denied a stay on August 24, 2026 and set argument for October 28, 2026 (No. 26-1252).
- Where
- Virginia
- Citation
- Va. Code § 59.1-577.1 (and 'social media platform' definition in § 59.1-575)
- Status
- Blocked by a court
- In force since
- 2026-01-01
- Enforced by
- Virginia Attorney General (VCDPA enforcement, 59.1-584)
- People can sue
- No
- Penalties
- Enforced through the VCDPA: 30-day cure notice, then injunction and civil penalties up to $7,500 per violation (59.1-584). Enforcement against NetChoice members is preliminarily enjoined.
- Applies to
- Controllers or processors covered by the VCDPA that operate a social media platform (public or semipublic service letting users build profiles, list connections, and post content), with carve-outs for email/messaging-only, news, sports, entertainment, ecommerce, and interactive gaming services (59.1-575)
Practices it requires
- Use commercially reasonable methods, such as a neutral age screen, to determine whether a user is under 16.Va. Code § 59.1-577.1(B)(i)
- Limit a minor's use to one hour per day per service or application, adjustable up or down with verifiable parental consent.Va. Code § 59.1-577.1(B)(ii)
- Use age-determination data only for age determination and age-appropriate experiences; treat a user as a minor when a device or browser signal says so.Va. Code § 59.1-577.1(C)
- Do not withhold, degrade, or raise the price of a service because the one-hour limit prevents further use.Va. Code § 59.1-577.1(E)
Sources
- Official text
- Va. Code § 59.1-577.1 (Virginia Law, law.lis.virginia.gov)
- 2025 SB 854 (Acts 2025, c. 703, approved 2025-05-02, effective 2026-01-01) bill history (Virginia LIS)
- NetChoice v. Jones, No. 1:25-cv-02067 (E.D. Va.), docket incl. Feb. 27, 2026 preliminary injunction order (CourtListener RECAP)
- NetChoice v. Jones, Memorandum Opinion granting preliminary injunction, ECF 50 (Feb. 27, 2026)
- NetChoice v. Jay Jones, No. 26-1252 (4th Cir.) docket (CourtListener)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: The injunction runs only in favor of NetChoice members; whether the Attorney General is enforcing the law against non-members was not confirmed.
Research reference, not legal advice.