§ 59.1-199. Exclusions This Chapter does not apply to A. Any aspect of a consumer transaction authorized by the laws or regulations of this Commonwealth or the United States, or the formal opinions of a regulatory body or official of this Commonwealth or the United States. B. The acts of the publisher, owner, agent or employee of a newspaper, magazine, radio or television station or other advertising medium such as outdoor advertising and advertising agencies in the publication or distribution of an advertisement in violation of § 59.1-200, unless it is proved that that person knew that the advertising was prohibited by § 59.1-200. C. Aspects of a Consumer Transaction Governed by the Federal Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq. D. Banks, savings banks, credit unions, small credit companies, utility companies, mortgage lenders as defined in § 6.1-409, broker-dealers as defined in § 13.1-501, gas suppliers as defined in § 56-235.8 subsection E, and insurance companies regulated and supervised by the State Corporation Commission or a similar federal regulatory authority. E.
Any aspect of a consumer transaction subject to the Landlords and Tenants Act, Chapter 13 (§ 55-217 et seq.) of Title 55 or the Virginia Residential Landlords and Tenants Act, Chapter 13.2 (§ 55-248.2 et seq.) of Title 55, unless the act or practice of an owner constitutes a false statement or a fraudulent act or practice in accordance with sections 59.1-200. F. Holders of immovable licences licensed under chapter 21 (§ 54.1-2100 et seq.) of title 54.1. One such law, the Virginia Consumer Protection Act (VCPA), is designed to curb a number of unfair or inappropriate practices by Virginia businesses. It is a very powerful but somewhat unknown tool for consumers to defend themselves against these unfair practices. (There are other specific laws that deal with cars, credit reports and scores, homes and foreclosures, identity theft, and phone fraud.) Many types of prohibited behavior are things that fraudulently entice a consumer to purchase merchandise, such as bait-and-trade tactics, false „Made in the U.S.“ labels, and misleading affiliation claims. Although the victim would not have purchased the defective product without the false statement, there is often no immediate cause. On the other hand, courts that have dismissed claims for personal injury under their state`s consumer protection laws have done so because their actions expressly exclude these types of damages. See, for example, Stevens v. Hyde Athletic Indust., 773 P.2d 871, 872-73 (Wash. App. 1989) (recovery limited to persons who are „wronged in their business or property“); Jones v.
Portelli, 399 A.2d 1047 (N.J. Sup. 1979) („Any person who suffers a verifiable loss of money or property“ may obtain relief under New Jersey law). The fundamental principles of Virginia laws that govern interest rates charged to creditors, such as the maximum legal interest rate a creditor can charge and penalties for illegal interest rates. Consumers should be able to trust the companies they work with. We shouldn`t have to wonder if the company is telling the truth in its advertising or operations. Small and large businesses should be fair and honest with consumers. Virginia law agrees. Through various laws, Virginia has taken steps to ensure that consumers are protected from various unfair, deceptive or deceptive marketing practices. The Virginia Consumer Protection Act was first enacted in 1977 to „promote fair and ethical standards of interaction between suppliers and the consuming public.“ [2] The law covers a wide range of consumer transactions, including (but not limited to): At Consumer Law Group, our mission is to educate and protect consumers in every way possible. We`ve been protecting consumer interests for over a decade and even co-authoring the Virginia Lemon Act. During this time, we have learned that the best educators are safer consumers.
C. With respect to a consumer transaction falling under Subdivision A, any provision of an agreement between the provider of such services and the owner of such residential real property requiring the owner to submit to binding arbitration is null and void and, notwithstanding such provisions, the owner of such residential real property shall have the rights and remedies provided for in this Chapter. The law also exempts certain categories of consumer transactions, including: 1. practices permitted by state or federal laws or regulations. 59.1-199A 2. Practices governed by the Federal Act on the Protection of Consumer Credit 3. Landlord-tenant transactions, unless the landlord commits fraud How Virginia laws prohibit deceptive marketing practices such as false advertising; baits and switches; or tampering with a car`s odometer, including links to resources on related topics. The law prohibits various false statements by suppliers to consumers. A violation of the law will expose the supplier to liability for actual damages for its misrepresentation or a fine of $500, whichever is greater.
In short, consumers are protected from harm caused by Virginia businesses that misrepresent, advertise or make statements and fail to properly disclose relevant information. In addition to administrative remedies, the law provides for an explicit private right of action for „actual damages,“ or $500, whichever is greater, caused by the prohibited act. § 59.1-204. This right belongs to „any person“ who suffers harm as a result of the breach, so privacy is not required and the injured person does not need to be a consumer. Gill v Rollins Protective Services Co., 773 F.2d 592 (4th Cir. 1986). In addition, the term „any person“ extends the scope of the Act to personal representatives in cases of wrongful death. The Act contains by reference a number of special consumer laws, violations of which also constitute violations of the law. These sub-plots are also useful for checking product liability. I will read this section of Section 200 frequently to familiarize myself with the various consumer protection laws that exist under Virginia law.
3. whether the product is generally accepted by consumers as intended for use by a child 12 years of age or younger; and § 59.1-198. Definitions used in this chapter: „business opportunity“ means the sale of goods, equipment, supplies or services sold to an individual to enable the individual to establish a business that carries on business from the individual`s place of residence, but not a business opportunity subject to the Opportunity Sales Act; Chapter 21 (§§ 59.1-262 et seq.) of this title. `Consumer business` means: 1. advertising, selling, leasing, licensing, or offering to sell, lease or license goods or services used primarily for personal, family or household purposes; 2. Transactions involving the promotion, offer or sale of a business opportunity to a person that require both ongoing expenditure of money or personal goods and services and in which the person has not previously participated; 3. Transactions involving the advertising, offering or sale of goods or services to an individual in the course of seeking or obtaining employment; and 4. A set-aside contract where part or all of the price of the goods is due in one or more payments after the conclusion of the set-aside contract and the supplier retains ownership of the goods and bears the risk of their loss or damage until the goods are paid for in full in accordance with the set-aside agreement.