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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 59.1-200, 59.1-207.45, and 59.1-207.46 of the Code of Virginia, N relating to consumer protection;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 452 An Act to amend and reenact §§ 59.1-200, 59.1-207.45, and 59.1-207.46 of the Code of Virginia, relating to consumer protection;
R O [H 744] Approved L L Be it enacted by the General Assembly of Virginia:
[H 744] Approved April 4, 2024 Be it enacted by the General Assembly of Virginia:
That §§ 59.1-200, 59.1-207.45, and 59.1-207.46 of the Code of Virginia are amended and E reenacted as follows:
That §§ 59.1-200, 59.1-207.45, and 59.1-207.46 of the Code of Virginia are amended and reenacted as follows:
D A.
§ 59.1-200.
Prohibited practices.
A.
2.
Misrepresenting the source, sponsorship, approval, or certification of goods or services;
H 5.
5.
Misrepresenting that goods or services have certain quantities, characteristics, ingredie7ts, uses, or ben6.
Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
6.
Advertising or offering for sale goods that are used, secondhand, repossessed, defective,R blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects or "not first class";
Advertising or offering for sale goods that are used, secondhand, repossessed, defective, blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects or "not first class";
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.
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.
installed;representing that repairs, alterations, modifications, or services have been performed or parts 11.
10.
Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
11.
Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of or penalties that are void or unenforceable under any otherwise applicable laws of the Commonwealth,ges, or under federal statutes or regulations;
Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or penalties that are void or unenforceable under any otherwise applicable laws of the Commonwealth, or under federal statutes or regulations;
Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection wit15.
Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
15.
of 5 16.
16.
Such disclosure shall be by means of a sign attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the person obtaining the goods from the supplier.
Such disclosure shall be by means of a sign of 5 attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the person obtaining the goods from the supplier.
of 5 41.
41.
E 42.
42.
N 44.
44.
R 45.
of 5 45.
46.
Violating the provisions of clause (i) of subsection B of § 54.1-1115;
of subsection B of § 54.1-1115;
48.
O 48.
L 49.
49.
There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of tEe recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S.
There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of the recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S.
51.
Violating any provision of Chapter 22 (§ 6.2-2200 et seq.) of Title 6.2;
Violating any provision of § 8.2-317.1;§ 6.2-2200 et seq.) of Title 6.2;
Violating any provision of § 8.2-317.1;
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 defeHtive drywall.
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 defective drywall.
4 55.
55.
Engaging in fraudulent or improper or dishonest conduct as defined in § 54.1-1118 while E engaged in a transaction that was initiated (i) during a declared state of emergency as defined in § 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to 56.
Engaging in fraudulent or improper or dishonest conduct as defined in § 54.1-1118 while engaged in a transaction that was initiated (i) during a declared state of emergency as defined in § 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;
56.
62.
Violating any provision of Chapter 5.2 (§ 54.1-526 et seq.) of Title 54.1;
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Violating any provision of § 6.2-312;2 (§ 54.1-526 et seq.) of Title 54.1;
Violating any provision of § 6.2-312;
inhalation, that contains a synthetic derivative of tetrahydrocannabinol.
69.
Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of tetrahydrocannabinol.
Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct per71.
Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 (§ 4.1-1600 et seq.) of Title 4.1;
Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant of 5 packaging, as defined in § 4.1-600;
71.
Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in § 4.1-600;
and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates.
and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol of 5 concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates.
"Clear and conspicuous" or "clearly and conspicuously" means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to of 5 the language.
"Clear and conspicuous" or "clearly and conspicuously" means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language.
E "Consumer" means (i) any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes or (ii) any small business that seeks or acquires, by purchase or lease, any goods, services, money, or credit for business purRoses.
"Consumer" means (i) any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes or (ii) any small business that seeks or acquires, by purchase or lease, any goods, services, money, or credit for business purposes.
"Continuous service" means a plan or arrangement in which a subscription or purchasing agreement con"Small business" means a business that is at least 51 percent independently owned and controlled by one or more individuals, or in the case of a cooperative association organized pursuant to Chapter 3 (§ 13.1-301 et seq.) of Title 13.1 as a nonstock corporation, is at least 51 percent independently controlled by one or more members, who are U.S.
"Continuous service" means a plan or arrangement in which a subscription or purchasing agreement continues until the consumer cancels the service.
citizens or legal resident aliens and, together with affiliates, has 250 or fewer employees or annual gross receipts of $10 million or less averagedEover the previous three years.
"Small business" means a business that is at least 51 percent independently owned and controlled by one or more individuals, or in the case of a cooperative association organized pursuant to Chapter 3 (§ 13.1-301 et seq.) of Title 13.1 as a nonstock corporation, is at least 51 percent independently controlled by one or more members, who are U.S.
citizens or legal resident aliens and, together with of 5 affiliates, has 250 or fewer employees or annual gross receipts of $10 million or less averaged over the previous three years.
D "Supplier" has the same meaning ascribed thereto in § 59.1-198.
"Supplier" has the same meaning ascribed thereto in § 59.1-198.
affirmative conA.
affirmative consent required;
disclosures;
prohibited conduct.
A.
Fail Prior to the completion of the initial order for the automatic renewal or continuous service, fail to present the automatic renewal offer terms or continuous service offer terms in a clear Hnd conspicuous manner before the consumer becomes obligated on the automatic renewal or continuousB service offer and in visual proximity, or in the case of an offer conveyed by voice, in tempora4 proximity, to the request for consent to the offer.
Fail Prior to the completion of the initial order for the automatic renewal or continuous service, fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before the consumer becomes obligated on the automatic renewal or continuous service offer and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer.
E 2.
2.
Charge Prior to the completion of the initial order for the automatic renewal or continuous service, charge the consumer's credit or debit card or the consumer's account with a third party for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent to the agr3.
Charge Prior to the completion of the initial order for the automatic renewal or continuous service, charge the consumer's credit or debit card or the consumer's account with a third party for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms.
3.
Each supplier making automatic renewal to cancel a recurring purchase of a good or service.te shall make available a conspicuous online option C.
Each supplier making automatic renewal or continuous service offers through an online website shall make available a conspicuous online option to cancel a recurring purchase of a good or service.
C.
A supplier making automatic renewal or continuous service offers that include a free trial lasting more than 30 days shall, within 30 days of the end of any such free trial, notify the consumer of his option to cancel the free trial before the end of the trial period to avoid an obligation to pay for the gooE.
A supplier making automatic renewal or continuous service offers that include a free trial lasting more than 30 days shall, within 30 days of the end of any such free trial, notify the consumer of his option to cancel the free trial before the end of the trial period to avoid an obligation to pay for the goods or services.
E.
Such notice shall conspicuously disclose (i) that the automatic renewal or continuous service offer will automatically renew unless the consumer cancels, (ii) method by which the consumer may cancel, and (iv) a copy of the automatic renewal or continuousii) the service offer provisions.
Such notice shall conspicuously disclose (i) that the automatic renewal or continuous service offer will automatically renew unless the consumer cancels, (ii) the date by which the consumer must cancel to avoid automatic renewal or continuous service, (iii) the method by which the consumer may cancel, and (iv) a copy of the automatic renewal or continuous service offer provisions.
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