Privacy Law Library

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

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.