A. The following fraudulent acts or practices committed by a supplier inconnection with a consumer transaction are hereby declared unlawful:
1. Misrepresenting goods or services as those of another;
2. Misrepresenting the source, sponsorship, approval, or certification ofgoods or services;
3. Misrepresenting the affiliation, connection, or association of thesupplier, or of the goods or services, with another;
4. Misrepresenting geographic origin in connection with goods or services;
5. Misrepresenting that goods or services have certain quantities,characteristics, ingredients, uses, or benefits;
6. Misrepresenting that goods or services are of a particular standard,quality, grade, style, or model;
7. Advertising or offering for sale goods that are used, secondhand,repossessed, defective, blemished, deteriorated, or reconditioned, or thatare "seconds," irregulars, imperfects, or "not first class," withoutclearly and unequivocally indicating in the advertisement or offer for salethat the goods are used, secondhand, repossessed, defective, blemished,deteriorated, reconditioned, or are "seconds," irregulars, imperfects or"not first class";
8. 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, orany employee, agent, or servant thereof, to sell any goods or servicesadvertised or offered for sale at the price or upon the terms advertised oroffered, shall be prima facie evidence of a violation of this subdivision.This paragraph shall not apply when it is clearly and conspicuously stated inthe advertisement or offer by which such goods or services are advertised oroffered for sale, that the supplier or offeror has a limited quantity oramount of such goods or services for sale, and the supplier or offeror at thetime of such advertisement or offer did in fact have or reasonably expectedto have at least such quantity or amount for sale;
9. Making false or misleading statements of fact concerning the reasons for,existence of, or amounts of price reductions;
10. Misrepresenting that repairs, alterations, modifications, or serviceshave been performed or parts installed;
11. Misrepresenting by the use of any written or documentary material thatappears to be an invoice or bill for merchandise or services previouslyordered;
12. Notwithstanding any other provision of law, using in any manner the words"wholesale," "wholesaler," "factory," or "manufacturer" in thesupplier's name, or to describe the nature of the supplier's business, unlessthe supplier is actually engaged primarily in selling at wholesale or inmanufacturing the goods or services advertised or offered for sale;
13. Using in any contract or lease any liquidated damage clause, penaltyclause, or waiver of defense, or attempting to collect any liquidated damagesor penalties under any clause, waiver, damages, or penalties that are void orunenforceable under any otherwise applicable laws of the Commonwealth, orunder federal statutes or regulations;
14. Using any other deception, fraud, false pretense, false promise, ormisrepresentation in connection with a consumer transaction;
15. Violating any provision of § 3.2-6512, 3.2-6513, or 3.2-6516, relating tothe sale of certain animals by pet dealers which is described in suchsections, is a violation of this chapter;
16. Failing to disclose all conditions, charges, or fees relating to:
a. The return of goods for refund, exchange, or credit. Such disclosure shallbe by means of a sign attached to the goods, or placed in a conspicuouspublic area of the premises of the supplier, so as to be readily noticeableand readable by the person obtaining the goods from the supplier. If thesupplier does not permit a refund, exchange, or credit for return, he shallso state on a similar sign. The provisions of this subdivision shall notapply to any retail merchant who has a policy of providing, for a period ofnot less than 20 days after date of purchase, a cash refund or credit to thepurchaser's credit card account for the return of defective, unused, orundamaged merchandise upon presentation of proof of purchase. In the case ofmerchandise paid for by check, the purchase shall be treated as a cashpurchase and any refund may be delayed for a period of 10 banking days toallow for the check to clear. This subdivision does not apply to salemerchandise that is obviously distressed, out of date, post season, orotherwise reduced for clearance; nor does this subdivision apply to specialorder purchases where the purchaser has requested the supplier to ordermerchandise of a specific or unusual size, color, or brand not ordinarilycarried in the store or the store's catalog; nor shall this subdivision applyin connection with a transaction for the sale or lease of motor vehicles,farm tractors, or motorcycles as defined in § 46.2-100;
b. A layaway agreement. Such disclosure shall be furnished to the consumer(i) in writing at the time of the layaway agreement, or (ii) by means of asign placed in a conspicuous public area of the premises of the supplier, soas to be readily noticeable and readable by the consumer, or (iii) on thebill of sale. Disclosure shall include the conditions, charges, or fees inthe event that a consumer breaches the agreement;
16a. Failing to provide written notice to a consumer of an existing open-endcredit balance in excess of $5 (i) on an account maintained by the supplierand (ii) resulting from such consumer's overpayment on such account.Suppliers shall give consumers written notice of such credit balances within60 days of receiving overpayments. If the credit balance information isincorporated into statements of account furnished consumers by supplierswithin such 60-day period, no separate or additional notice is required;
17. If a supplier enters into a written agreement with a consumer to resolvea dispute that arises in connection with a consumer transaction, failing toadhere to the terms and conditions of such an agreement;
18. Violating any provision of the Virginia Health Spa Act, Chapter 24 (§59.1-294 et seq.) of this title;
19. Violating any provision of the Virginia Home Solicitation Sales Act,Chapter 2.1 (§ 59.1-21.1 et seq.) of this title;
20. Violating any provision of the Automobile Repair Facilities Act, Chapter17.1 (§ 59.1-207.1 et seq.) of this title;
21. Violating any provision of the Virginia Lease-Purchase Agreement Act,Chapter 17.4 (§ 59.1-207.17 et seq.) of this title;
22. Violating any provision of the Prizes and Gifts Act, Chapter 31 (§59.1-415 et seq.) of this title;
23. Violating any provision of the Virginia Public Telephone Information Act,Chapter 32 (§ 59.1-424 et seq.) of this title;
24. Violating any provision of § 54.1-1505;
25. Violating any provision of the Motor Vehicle Manufacturers' WarrantyAdjustment Act, Chapter 17.6 (§ 59.1-207.34 et seq.) of this title;
26. Violating any provision of § 3.2-5627, relating to the pricing ofmerchandise;
27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 (§59.1-429 et seq.) of this title;
28. Violating any provision of the Extended Service Contract Act, Chapter 34(§ 59.1-435 et seq.) of this title;
29. Violating any provision of the Virginia Membership Camping Act, Chapter25 (§ 59.1-311 et seq.) of this title;
30. Violating any provision of the Comparison Price Advertising Act, Chapter17.7 (§ 59.1-207.40 et seq.) of this title;
31. Violating any provision of the Virginia Travel Club Act, Chapter 36 (§59.1-445 et seq.) of this title;
32. Violating any provision of §§ 46.2-1231 and 46.2-1233.1;
33. Violating any provision of Chapter 40 (§ 54.1-4000 et seq.) of Title 54.1;
34. Violating any provision of Chapter 10.1 (§ 58.1-1031 et seq.) of Title58.1;
35. Using the consumer's social security number as the consumer's accountnumber with the supplier, if the consumer has requested in writing that thesupplier use an alternate number not associated with the consumer's socialsecurity number;
36. (Effective until October 1, 2010) Violating any provision of Chapter 18(§ 6.1-444 et seq.) of Title 6.1;
36. (Effective October 1, 2010) Violating any provision of Chapter 18 (§6.2-1800 et seq.) of Title 6.2;
37. Violating any provision of § 8.01-40.2;
38. Violating any provision of Article 7 (§ 32.1-212 et seq.) of Chapter 6 ofTitle 32.1;
39. Violating any provision of Chapter 34.1 (§ 59.1-441.1 et seq.) of thistitle;
40. (Effective until October 1, 2010) Violating any provision of Chapter 10.2(§ 6.1-363.2 et seq.) of Title 6.1;
40. (Effective October 1, 2010) Violating any provision of Chapter 20 (§6.2-2000 et seq.) of Title 6.2;
41. Violating any provision of the Virginia Post-Disaster Anti-Price GougingAct, Chapter 46 (§ 59.1-525 et seq.) of this title;
42. Violating any provision of Chapter 47 (§ 59.1-530 et seq.) of this title;
43. Violating any provision of § 59.1-443.2;
44. Violating any provision of Chapter 48 (§ 59.1-533 et seq.) of this title;
45. (Effective until October 1, 2010) Violating any provision of Chapter 20(§ 6.1-474 et seq.) of Title 6.1;
45. (Effective October 1, 2010) Violating any provision of Chapter 25 (§6.2-2500 et seq.) of Title 6.2;
46. Violating the provisions of clause (i) of subsection B of § 54.1-1115;
47. Violating any provision of § 18.2-239;
48. Violating any provision of Chapter 26 (§ 59.1-336 et seq.);
49. Selling, offering for sale, or manufacturing for sale a children'sproduct the supplier knows or has reason to know was recalled by the U.S.Consumer Product Safety Commission. There is a rebuttable presumption that asupplier has reason to know a children's product was recalled if notice ofthe 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. ConsumerProduct Safety Commission. This prohibition does not apply to children'sproducts that are used, secondhand or "seconds";
50. Violating any provision of Chapter 44.1 (§ 59.1-518.1 et seq.) of thistitle;
51. (Effective October 1, 2010) Violating any provision of Chapter 22 (§6.2-2200 et seq.) of Title 6.2; and
52. Violating any provision of § 8.2-317.1.
B. Nothing in this section shall be construed to invalidate or makeunenforceable any contract or lease solely by reason of the failure of suchcontract or lease to comply with any other law of the Commonwealth or anyfederal statute or regulation, to the extent such other law, statute, orregulation provides that a violation of such law, statute, or regulationshall not invalidate or make unenforceable such contract or lease.
(1977, c. 635; 1979, c. 304; 1981, c. 205; 1983, c. 173; 1986, c. 432; 1987,cc. 462 to 464; 1988, cc. 24, 534; 1989, cc. 689, 703; 1990, c. 584; 1991,cc. 300, 605, 608, 630, 654; 1992, cc. 278, 545, 768; 1993, cc. 455, 760;1994, cc. 261, 400, 655; 1995, c. 10; 1998, c. 848; 2000, cc. 880, 901; 2002,cc. 217, 897; 2003, cc. 800, 1003; 2004, cc. 784, 790, 798, 817; 2005, cc.269, 303, 640, 861; 2006, c. 399; 2008, cc. 294, 791, 842; 2009, cc. 321,359, 376, 699, 700; 2010, cc. 477, 713.)
A. The following fraudulent acts or practices committed by a supplier inconnection with a consumer transaction are hereby declared unlawful:
1. Misrepresenting goods or services as those of another;
2. Misrepresenting the source, sponsorship, approval, or certification ofgoods or services;
3. Misrepresenting the affiliation, connection, or association of thesupplier, or of the goods or services, with another;
4. Misrepresenting geographic origin in connection with goods or services;
5. Misrepresenting that goods or services have certain quantities,characteristics, ingredients, uses, or benefits;
6. Misrepresenting that goods or services are of a particular standard,quality, grade, style, or model;
7. Advertising or offering for sale goods that are used, secondhand,repossessed, defective, blemished, deteriorated, or reconditioned, or thatare "seconds," irregulars, imperfects, or "not first class," withoutclearly and unequivocally indicating in the advertisement or offer for salethat the goods are used, secondhand, repossessed, defective, blemished,deteriorated, reconditioned, or are "seconds," irregulars, imperfects or"not first class";
8. 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, orany employee, agent, or servant thereof, to sell any goods or servicesadvertised or offered for sale at the price or upon the terms advertised oroffered, shall be prima facie evidence of a violation of this subdivision.This paragraph shall not apply when it is clearly and conspicuously stated inthe advertisement or offer by which such goods or services are advertised oroffered for sale, that the supplier or offeror has a limited quantity oramount of such goods or services for sale, and the supplier or offeror at thetime of such advertisement or offer did in fact have or reasonably expectedto have at least such quantity or amount for sale;
9. Making false or misleading statements of fact concerning the reasons for,existence of, or amounts of price reductions;
10. Misrepresenting that repairs, alterations, modifications, or serviceshave been performed or parts installed;
11. Misrepresenting by the use of any written or documentary material thatappears to be an invoice or bill for merchandise or services previouslyordered;
12. Notwithstanding any other provision of law, using in any manner the words"wholesale," "wholesaler," "factory," or "manufacturer" in thesupplier's name, or to describe the nature of the supplier's business, unlessthe supplier is actually engaged primarily in selling at wholesale or inmanufacturing the goods or services advertised or offered for sale;
13. Using in any contract or lease any liquidated damage clause, penaltyclause, or waiver of defense, or attempting to collect any liquidated damagesor penalties under any clause, waiver, damages, or penalties that are void orunenforceable under any otherwise applicable laws of the Commonwealth, orunder federal statutes or regulations;
14. Using any other deception, fraud, false pretense, false promise, ormisrepresentation in connection with a consumer transaction;
15. Violating any provision of § 3.2-6512, 3.2-6513, or 3.2-6516, relating tothe sale of certain animals by pet dealers which is described in suchsections, is a violation of this chapter;
16. Failing to disclose all conditions, charges, or fees relating to:
a. The return of goods for refund, exchange, or credit. Such disclosure shallbe by means of a sign attached to the goods, or placed in a conspicuouspublic area of the premises of the supplier, so as to be readily noticeableand readable by the person obtaining the goods from the supplier. If thesupplier does not permit a refund, exchange, or credit for return, he shallso state on a similar sign. The provisions of this subdivision shall notapply to any retail merchant who has a policy of providing, for a period ofnot less than 20 days after date of purchase, a cash refund or credit to thepurchaser's credit card account for the return of defective, unused, orundamaged merchandise upon presentation of proof of purchase. In the case ofmerchandise paid for by check, the purchase shall be treated as a cashpurchase and any refund may be delayed for a period of 10 banking days toallow for the check to clear. This subdivision does not apply to salemerchandise that is obviously distressed, out of date, post season, orotherwise reduced for clearance; nor does this subdivision apply to specialorder purchases where the purchaser has requested the supplier to ordermerchandise of a specific or unusual size, color, or brand not ordinarilycarried in the store or the store's catalog; nor shall this subdivision applyin connection with a transaction for the sale or lease of motor vehicles,farm tractors, or motorcycles as defined in § 46.2-100;
b. A layaway agreement. Such disclosure shall be furnished to the consumer(i) in writing at the time of the layaway agreement, or (ii) by means of asign placed in a conspicuous public area of the premises of the supplier, soas to be readily noticeable and readable by the consumer, or (iii) on thebill of sale. Disclosure shall include the conditions, charges, or fees inthe event that a consumer breaches the agreement;
16a. Failing to provide written notice to a consumer of an existing open-endcredit balance in excess of $5 (i) on an account maintained by the supplierand (ii) resulting from such consumer's overpayment on such account.Suppliers shall give consumers written notice of such credit balances within60 days of receiving overpayments. If the credit balance information isincorporated into statements of account furnished consumers by supplierswithin such 60-day period, no separate or additional notice is required;
17. If a supplier enters into a written agreement with a consumer to resolvea dispute that arises in connection with a consumer transaction, failing toadhere to the terms and conditions of such an agreement;
18. Violating any provision of the Virginia Health Spa Act, Chapter 24 (§59.1-294 et seq.) of this title;
19. Violating any provision of the Virginia Home Solicitation Sales Act,Chapter 2.1 (§ 59.1-21.1 et seq.) of this title;
20. Violating any provision of the Automobile Repair Facilities Act, Chapter17.1 (§ 59.1-207.1 et seq.) of this title;
21. Violating any provision of the Virginia Lease-Purchase Agreement Act,Chapter 17.4 (§ 59.1-207.17 et seq.) of this title;
22. Violating any provision of the Prizes and Gifts Act, Chapter 31 (§59.1-415 et seq.) of this title;
23. Violating any provision of the Virginia Public Telephone Information Act,Chapter 32 (§ 59.1-424 et seq.) of this title;
24. Violating any provision of § 54.1-1505;
25. Violating any provision of the Motor Vehicle Manufacturers' WarrantyAdjustment Act, Chapter 17.6 (§ 59.1-207.34 et seq.) of this title;
26. Violating any provision of § 3.2-5627, relating to the pricing ofmerchandise;
27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 (§59.1-429 et seq.) of this title;
28. Violating any provision of the Extended Service Contract Act, Chapter 34(§ 59.1-435 et seq.) of this title;
29. Violating any provision of the Virginia Membership Camping Act, Chapter25 (§ 59.1-311 et seq.) of this title;
30. Violating any provision of the Comparison Price Advertising Act, Chapter17.7 (§ 59.1-207.40 et seq.) of this title;
31. Violating any provision of the Virginia Travel Club Act, Chapter 36 (§59.1-445 et seq.) of this title;
32. Violating any provision of §§ 46.2-1231 and 46.2-1233.1;
33. Violating any provision of Chapter 40 (§ 54.1-4000 et seq.) of Title 54.1;
34. Violating any provision of Chapter 10.1 (§ 58.1-1031 et seq.) of Title58.1;
35. Using the consumer's social security number as the consumer's accountnumber with the supplier, if the consumer has requested in writing that thesupplier use an alternate number not associated with the consumer's socialsecurity number;
36. (Effective until October 1, 2010) Violating any provision of Chapter 18(§ 6.1-444 et seq.) of Title 6.1;
36. (Effective October 1, 2010) Violating any provision of Chapter 18 (§6.2-1800 et seq.) of Title 6.2;
37. Violating any provision of § 8.01-40.2;
38. Violating any provision of Article 7 (§ 32.1-212 et seq.) of Chapter 6 ofTitle 32.1;
39. Violating any provision of Chapter 34.1 (§ 59.1-441.1 et seq.) of thistitle;
40. (Effective until October 1, 2010) Violating any provision of Chapter 10.2(§ 6.1-363.2 et seq.) of Title 6.1;
40. (Effective October 1, 2010) Violating any provision of Chapter 20 (§6.2-2000 et seq.) of Title 6.2;
41. Violating any provision of the Virginia Post-Disaster Anti-Price GougingAct, Chapter 46 (§ 59.1-525 et seq.) of this title;
42. Violating any provision of Chapter 47 (§ 59.1-530 et seq.) of this title;
43. Violating any provision of § 59.1-443.2;
44. Violating any provision of Chapter 48 (§ 59.1-533 et seq.) of this title;
45. (Effective until October 1, 2010) Violating any provision of Chapter 20(§ 6.1-474 et seq.) of Title 6.1;
45. (Effective October 1, 2010) Violating any provision of Chapter 25 (§6.2-2500 et seq.) of Title 6.2;
46. Violating the provisions of clause (i) of subsection B of § 54.1-1115;
47. Violating any provision of § 18.2-239;
48. Violating any provision of Chapter 26 (§ 59.1-336 et seq.);
49. Selling, offering for sale, or manufacturing for sale a children'sproduct the supplier knows or has reason to know was recalled by the U.S.Consumer Product Safety Commission. There is a rebuttable presumption that asupplier has reason to know a children's product was recalled if notice ofthe 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. ConsumerProduct Safety Commission. This prohibition does not apply to children'sproducts that are used, secondhand or "seconds";
50. Violating any provision of Chapter 44.1 (§ 59.1-518.1 et seq.) of thistitle;
51. (Effective October 1, 2010) Violating any provision of Chapter 22 (§6.2-2200 et seq.) of Title 6.2; and
52. Violating any provision of § 8.2-317.1.
B. Nothing in this section shall be construed to invalidate or makeunenforceable any contract or lease solely by reason of the failure of suchcontract or lease to comply with any other law of the Commonwealth or anyfederal statute or regulation, to the extent such other law, statute, orregulation provides that a violation of such law, statute, or regulationshall not invalidate or make unenforceable such contract or lease.
(1977, c. 635; 1979, c. 304; 1981, c. 205; 1983, c. 173; 1986, c. 432; 1987,cc. 462 to 464; 1988, cc. 24, 534; 1989, cc. 689, 703; 1990, c. 584; 1991,cc. 300, 605, 608, 630, 654; 1992, cc. 278, 545, 768; 1993, cc. 455, 760;1994, cc. 261, 400, 655; 1995, c. 10; 1998, c. 848; 2000, cc. 880, 901; 2002,cc. 217, 897; 2003, cc. 800, 1003; 2004, cc. 784, 790, 798, 817; 2005, cc.269, 303, 640, 861; 2006, c. 399; 2008, cc. 294, 791, 842; 2009, cc. 321,359, 376, 699, 700; 2010, cc. 477, 713.)
A. The following fraudulent acts or practices committed by a supplier inconnection with a consumer transaction are hereby declared unlawful:
1. Misrepresenting goods or services as those of another;
2. Misrepresenting the source, sponsorship, approval, or certification ofgoods or services;
3. Misrepresenting the affiliation, connection, or association of thesupplier, or of the goods or services, with another;
4. Misrepresenting geographic origin in connection with goods or services;
5. Misrepresenting that goods or services have certain quantities,characteristics, ingredients, uses, or benefits;
6. Misrepresenting that goods or services are of a particular standard,quality, grade, style, or model;
7. Advertising or offering for sale goods that are used, secondhand,repossessed, defective, blemished, deteriorated, or reconditioned, or thatare "seconds," irregulars, imperfects, or "not first class," withoutclearly and unequivocally indicating in the advertisement or offer for salethat the goods are used, secondhand, repossessed, defective, blemished,deteriorated, reconditioned, or are "seconds," irregulars, imperfects or"not first class";
8. 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, orany employee, agent, or servant thereof, to sell any goods or servicesadvertised or offered for sale at the price or upon the terms advertised oroffered, shall be prima facie evidence of a violation of this subdivision.This paragraph shall not apply when it is clearly and conspicuously stated inthe advertisement or offer by which such goods or services are advertised oroffered for sale, that the supplier or offeror has a limited quantity oramount of such goods or services for sale, and the supplier or offeror at thetime of such advertisement or offer did in fact have or reasonably expectedto have at least such quantity or amount for sale;
9. Making false or misleading statements of fact concerning the reasons for,existence of, or amounts of price reductions;
10. Misrepresenting that repairs, alterations, modifications, or serviceshave been performed or parts installed;
11. Misrepresenting by the use of any written or documentary material thatappears to be an invoice or bill for merchandise or services previouslyordered;
12. Notwithstanding any other provision of law, using in any manner the words"wholesale," "wholesaler," "factory," or "manufacturer" in thesupplier's name, or to describe the nature of the supplier's business, unlessthe supplier is actually engaged primarily in selling at wholesale or inmanufacturing the goods or services advertised or offered for sale;
13. Using in any contract or lease any liquidated damage clause, penaltyclause, or waiver of defense, or attempting to collect any liquidated damagesor penalties under any clause, waiver, damages, or penalties that are void orunenforceable under any otherwise applicable laws of the Commonwealth, orunder federal statutes or regulations;
14. Using any other deception, fraud, false pretense, false promise, ormisrepresentation in connection with a consumer transaction;
15. Violating any provision of § 3.2-6512, 3.2-6513, or 3.2-6516, relating tothe sale of certain animals by pet dealers which is described in suchsections, is a violation of this chapter;
16. Failing to disclose all conditions, charges, or fees relating to:
a. The return of goods for refund, exchange, or credit. Such disclosure shallbe by means of a sign attached to the goods, or placed in a conspicuouspublic area of the premises of the supplier, so as to be readily noticeableand readable by the person obtaining the goods from the supplier. If thesupplier does not permit a refund, exchange, or credit for return, he shallso state on a similar sign. The provisions of this subdivision shall notapply to any retail merchant who has a policy of providing, for a period ofnot less than 20 days after date of purchase, a cash refund or credit to thepurchaser's credit card account for the return of defective, unused, orundamaged merchandise upon presentation of proof of purchase. In the case ofmerchandise paid for by check, the purchase shall be treated as a cashpurchase and any refund may be delayed for a period of 10 banking days toallow for the check to clear. This subdivision does not apply to salemerchandise that is obviously distressed, out of date, post season, orotherwise reduced for clearance; nor does this subdivision apply to specialorder purchases where the purchaser has requested the supplier to ordermerchandise of a specific or unusual size, color, or brand not ordinarilycarried in the store or the store's catalog; nor shall this subdivision applyin connection with a transaction for the sale or lease of motor vehicles,farm tractors, or motorcycles as defined in § 46.2-100;
b. A layaway agreement. Such disclosure shall be furnished to the consumer(i) in writing at the time of the layaway agreement, or (ii) by means of asign placed in a conspicuous public area of the premises of the supplier, soas to be readily noticeable and readable by the consumer, or (iii) on thebill of sale. Disclosure shall include the conditions, charges, or fees inthe event that a consumer breaches the agreement;
16a. Failing to provide written notice to a consumer of an existing open-endcredit balance in excess of $5 (i) on an account maintained by the supplierand (ii) resulting from such consumer's overpayment on such account.Suppliers shall give consumers written notice of such credit balances within60 days of receiving overpayments. If the credit balance information isincorporated into statements of account furnished consumers by supplierswithin such 60-day period, no separate or additional notice is required;
17. If a supplier enters into a written agreement with a consumer to resolvea dispute that arises in connection with a consumer transaction, failing toadhere to the terms and conditions of such an agreement;
18. Violating any provision of the Virginia Health Spa Act, Chapter 24 (§59.1-294 et seq.) of this title;
19. Violating any provision of the Virginia Home Solicitation Sales Act,Chapter 2.1 (§ 59.1-21.1 et seq.) of this title;
20. Violating any provision of the Automobile Repair Facilities Act, Chapter17.1 (§ 59.1-207.1 et seq.) of this title;
21. Violating any provision of the Virginia Lease-Purchase Agreement Act,Chapter 17.4 (§ 59.1-207.17 et seq.) of this title;
22. Violating any provision of the Prizes and Gifts Act, Chapter 31 (§59.1-415 et seq.) of this title;
23. Violating any provision of the Virginia Public Telephone Information Act,Chapter 32 (§ 59.1-424 et seq.) of this title;
24. Violating any provision of § 54.1-1505;
25. Violating any provision of the Motor Vehicle Manufacturers' WarrantyAdjustment Act, Chapter 17.6 (§ 59.1-207.34 et seq.) of this title;
26. Violating any provision of § 3.2-5627, relating to the pricing ofmerchandise;
27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 (§59.1-429 et seq.) of this title;
28. Violating any provision of the Extended Service Contract Act, Chapter 34(§ 59.1-435 et seq.) of this title;
29. Violating any provision of the Virginia Membership Camping Act, Chapter25 (§ 59.1-311 et seq.) of this title;
30. Violating any provision of the Comparison Price Advertising Act, Chapter17.7 (§ 59.1-207.40 et seq.) of this title;
31. Violating any provision of the Virginia Travel Club Act, Chapter 36 (§59.1-445 et seq.) of this title;
32. Violating any provision of §§ 46.2-1231 and 46.2-1233.1;
33. Violating any provision of Chapter 40 (§ 54.1-4000 et seq.) of Title 54.1;
34. Violating any provision of Chapter 10.1 (§ 58.1-1031 et seq.) of Title58.1;
35. Using the consumer's social security number as the consumer's accountnumber with the supplier, if the consumer has requested in writing that thesupplier use an alternate number not associated with the consumer's socialsecurity number;
36. (Effective until October 1, 2010) Violating any provision of Chapter 18(§ 6.1-444 et seq.) of Title 6.1;
36. (Effective October 1, 2010) Violating any provision of Chapter 18 (§6.2-1800 et seq.) of Title 6.2;
37. Violating any provision of § 8.01-40.2;
38. Violating any provision of Article 7 (§ 32.1-212 et seq.) of Chapter 6 ofTitle 32.1;
39. Violating any provision of Chapter 34.1 (§ 59.1-441.1 et seq.) of thistitle;
40. (Effective until October 1, 2010) Violating any provision of Chapter 10.2(§ 6.1-363.2 et seq.) of Title 6.1;
40. (Effective October 1, 2010) Violating any provision of Chapter 20 (§6.2-2000 et seq.) of Title 6.2;
41. Violating any provision of the Virginia Post-Disaster Anti-Price GougingAct, Chapter 46 (§ 59.1-525 et seq.) of this title;
42. Violating any provision of Chapter 47 (§ 59.1-530 et seq.) of this title;
43. Violating any provision of § 59.1-443.2;
44. Violating any provision of Chapter 48 (§ 59.1-533 et seq.) of this title;
45. (Effective until October 1, 2010) Violating any provision of Chapter 20(§ 6.1-474 et seq.) of Title 6.1;
45. (Effective October 1, 2010) Violating any provision of Chapter 25 (§6.2-2500 et seq.) of Title 6.2;
46. Violating the provisions of clause (i) of subsection B of § 54.1-1115;
47. Violating any provision of § 18.2-239;
48. Violating any provision of Chapter 26 (§ 59.1-336 et seq.);
49. Selling, offering for sale, or manufacturing for sale a children'sproduct the supplier knows or has reason to know was recalled by the U.S.Consumer Product Safety Commission. There is a rebuttable presumption that asupplier has reason to know a children's product was recalled if notice ofthe 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. ConsumerProduct Safety Commission. This prohibition does not apply to children'sproducts that are used, secondhand or "seconds";
50. Violating any provision of Chapter 44.1 (§ 59.1-518.1 et seq.) of thistitle;
51. (Effective October 1, 2010) Violating any provision of Chapter 22 (§6.2-2200 et seq.) of Title 6.2; and
52. Violating any provision of § 8.2-317.1.
B. Nothing in this section shall be construed to invalidate or makeunenforceable any contract or lease solely by reason of the failure of suchcontract or lease to comply with any other law of the Commonwealth or anyfederal statute or regulation, to the extent such other law, statute, orregulation provides that a violation of such law, statute, or regulationshall not invalidate or make unenforceable such contract or lease.
(1977, c. 635; 1979, c. 304; 1981, c. 205; 1983, c. 173; 1986, c. 432; 1987,cc. 462 to 464; 1988, cc. 24, 534; 1989, cc. 689, 703; 1990, c. 584; 1991,cc. 300, 605, 608, 630, 654; 1992, cc. 278, 545, 768; 1993, cc. 455, 760;1994, cc. 261, 400, 655; 1995, c. 10; 1998, c. 848; 2000, cc. 880, 901; 2002,cc. 217, 897; 2003, cc. 800, 1003; 2004, cc. 784, 790, 798, 817; 2005, cc.269, 303, 640, 861; 2006, c. 399; 2008, cc. 294, 791, 842; 2009, cc. 321,359, 376, 699, 700; 2010, cc. 477, 713.)
