Privacy & Cybersecurity Law Blog

On February 18, 2026, Virginia Attorney General Jay Jones announced that his office intends to fully enforce new provisions of the Virginia Consumer Data Protection Act (“VCDPA”) restricting minors’ use of social media. The announcement follows his office’s filing of a motion to dismiss a lawsuit brought by NetChoice, a trade association representing major technology and e-commerce companies, including social media platforms, seeking to block enforcement of these provisions.

In particular, effective on January 1, 2026, the VCDPA requires social media platform operators to (1) use commercially reasonable methods (such as a neutral age screen) to determine whether a user is a minor under the age of 16, and (2) limit a minor’s use of the social media platform to one hour per day, unless a parent consents to increase the daily limit.

The AG indicated his office will provide notices of non-compliance with a 30-day cure period, as required by the VCDPA. If a company fails to cure a violation within the 30-day cure period, the AG can file a lawsuit seeking civil penalties of up to $7,500 per violation of the law.

AG Jones said, “As a father, there is nothing more important to me than the emotional, mental, and physical safety of our children. Today’s announcement ensures that parents and caregivers have the final say in how much social media content their children consume, not the unscrupulous tech companies. By enforcing our consumer protection laws, Virginia can and will take meaningful steps to protect our children and hold bad actors accountable.”