HB 1857 — Ticket resale; deceptive trade practices prohibited, definitions.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E304 An Act to amend and reenact §§ 59.1-200 and 59.1-466.5 of the Code of Virginia and to amend theNthe Code of Virginia by adding in Chapter 38.2 of Title 59.1 a section numbered 59.1-466.8, relating to ticket resale;

deceptive trade practices.2practices. of Title 59.1 a section numbered 59.1-466.8, relaRing to O [H 1857] L Approved L Be it enacted by the General Assembly of Virginia:

E[H 1.1857] Approved March 23, 2023 Be it enacted by the General Assembly of Virginia:

That1. §§ 59.1-200 and 59.1-466.5 of the Code of Virginia are amended and reenacted and that D 59.1-466.8 as follows:s amended by adding in Chapter 38.2 of Title 59.1 a section numbered § 59.1-200.

That §§ 59.1-200 and 59.1-466.5 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 38.2 of Title 59.1 a section numbered 59.1-466.8 as follows:

§ 59.1-200.

The following fraudulent acts or practices committed by a supplier in connection with a consumer transactiontra1. are hereby declared unlawful:

1.

Misrepresenting the affiliation, connection, or association of the supplier, or of the goHdsgoods or services, with another;

14. 5.

Misrepresenting geographic origin in connection with goods or services;

5.

E 6.

at8. the price or upon the terms advertised.ntent not to sell them as advertised, or with intent not to sell In any action brought under this subdivision, the refusal by any person, or any employee, agent, or servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms advertised or offered, shall be prima facie evidence of a violation of this subdivision.

Advertising goods or services with intent not to sell them as advertised, or with intent not to sell at the price or upon the terms advertised.

In any action brought under this subdivision, the refusal by any person, or any employee, agent, or servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms advertised or offered, shall be prima facie evidence of a violation of this subdivision.

of9. price reductions;r misleading statements of fact concerning the reasons for, existence of, or amounts 10.

Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;

10.

Notwithstanding any other provision of law, using in any manner the words "wholesale," "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature of the supplier's business, unless the supplier is actually engaged primarily in selling at wholesale or in man13.manufacturing the goods or services advertised or offered for sale;

13.

Part 433 to so provide, use, or include the statement, disclosure, notice, or other inf14.information in connection with the consumer transaction;

14.

of 4 15.

of 4 16.

of 4 39.

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Rof 4 43.

44.

Violating any provision of Chapter 48 (§ 59.1-533 et seq.);

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L 49.

Selling, offering for sale, or manufacturing for sale a children's product the supplier Enowsknows or has reason to know was recalled by the U.S.

This prohibition does not apply to chi50.children's products that are used, secondhand or "seconds";

50.

H 54.

Selling, offering for sale, or using in the construction, remodeling, or repair of any residential dwelling in the Commonwealth, any drywall that the supplier knows or has reason to know is defe8tivedefective drywall.

This subdivision shall not apply to the sale or offering for sale of any building or s7ructurestructure in which defective drywall has been permanently installed or affixed;