Privacy Law Library

Personal Information Privacy Act (merchant sale of purchaser information, check DOB, driver's license scanning)

VA PIPA

Other · Marketing

An older retail privacy law. Merchants must give notice (a sign is enough) before selling purchaser information gathered in a sale and must honor a customer's request not to sell it; they cannot sell information gathered only from check, card, or ID-number payment records. It also bars requiring a date of birth to accept a check and limits when merchants may scan, keep, or sell data from a driver's license barcode.

Where
Virginia
Citation
Va. Code §§ 59.1-442 to 59.1-444 (Title 59.1, Chapter 35), excluding § 59.1-443.2 (listed separately)
Status
In force
In force since
1992-07-01
Last amended
2020-07-01
Enforced by
Aggrieved persons in general district court (59.1-444)
People can sue
Yes
Penalties
$100 per violation plus reasonable attorney fees and costs to a prevailing plaintiff (59.1-444).
Applies to
  • Merchants selling goods from a fixed retail location in Virginia (59.1-442(B))
  • Any person accepting checks for business (59.1-443.1)

What a privacy notice must say

  • Give notice (for example, a posted sign) before selling purchaser information gathered in a retail sale to third persons, and do not sell it if the purchaser asks you not to.Va. Code § 59.1-442(A)

Practices it requires

  • Do not sell information gathered solely from a customer's payment by check or credit card or from recording the customer's driver's license number.Va. Code § 59.1-442(A)
  • Do not record or require a date of birth as a condition of accepting a check (year of birth may be requested).Va. Code § 59.1-443.1(B)-(C)
  • Scan a driver's license or DMV ID machine-readable zone only for listed purposes (identity or authenticity checks for non-cash payments, returns, age verification, fraud prevention, legal compliance, FCRA or GLBA transactions).Va. Code § 59.1-443.3(A)
  • Retain scanned license data only for permitted purposes and destroy it when the purpose is satisfied; never sell or share it for marketing.Va. Code § 59.1-443.3(B)-(C)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective dates inferred from Virginia's default July 1 effective date for regular-session acts; enacting bill pages not checked. History: 1992, c. 807; amended through 2020, cc. 542, 1227, 1246.

Research reference, not legal advice.