Written by: Haim Ravia, Dotan Hammer
Virginia Attorney General Jay Jones announced that his office intends to fully enforce new provisions of the Virginia Consumer Data Protection Act (VCDPA) that restrict minors’ use of social media. The announcement follows the AG’s filing of a motion to dismiss a federal lawsuit brought by NetChoice, a trade association representing major technology and social media companies, seeking to block enforcement of the law.
Effective January 1, 2026, the VCDPA requires social media platform operators to use commercially reasonable methods, such as a neutral age screen mechanism, to determine whether a user is a minor under the age of 16, and to limit a minor’s use of the platform to one hour per day per service or application. Verifiable parental consent is required to increase or decrease the daily time limit. Information collected for age determination purposes may not be used for any other purpose. Social media platforms are prohibited from withholding, degrading, or increasing the price of any service due to a user’s status as a minor.
The Attorney General’s office indicated that it will communicate evidence of non-compliance directly to companies and provide 30 days to remedy violations, as required by the VCDPA. Companies that continue to violate the law face enforcement actions that could result in up to $7,500 in civil penalties per violation, as well as injunctive relief.
The law faces an ongoing legal challenge. NetChoice filed a federal lawsuit in November 2025 in the Eastern District of Virginia, arguing that the time restrictions violate the First Amendment and the Commerce Clause. U.S. District Judge Patricia Tolliver Giles heard arguments on January 16, 2026, with a written opinion pending. The AG’s office has filed a motion to dismiss the lawsuit, defending the constitutionality of the statute, which passed with unanimous support in the Virginia General Assembly.
Click here to read the Virginia Attorney General’s announcement on enforcement of the VCDPA minors’ social media provisions.
