The Virginia Consumer Protection Act was initially passed in 1977. It was passed as remedial legislation to promote fair and ethical standards between suppliers and the consuming public.
It protects in particular a consumer transaction. A consumer transaction involves the advertisement, sale, lease, licensing or offering for sale of goods or services for personal, family or household purposes.
A supplier is a seller, lessor, licensor or professional who advertises, solicits or engages in consumer transactions.
Consumer Protection Act Virginia-Exclusions
Within the statute there are several exclusions. That is to say excluded from coverage are banks, real estate agents, residential home sales involving the seller’s private residence and transactions that are subject to the Virginia Residential Landlord-Tenant Act unless there is fraudulent behavior.
The statute at Va. Code § 59.1-200 defines a number of fraudulent acts or practices committed by a supplier in connection with a consumer transaction that are considered to be unlawful. In other words the scope of the act is very broad.
Fraud is Not Just Common Law Actual Fraud
The statute contemplates a form of fraud that is broader than what we may know as common law actual fraud. It includes a number of things:
- Misrepresenting where the goods come from.
- Misrepresenting certification.
- Misrepresenting affiliation.
- Misrepresenting geographic origin.
- Misrepresenting characteristics or ingredients.
- Misrepresenting a particular standard or quality.
- Failure to disclose that goods are second-hand.
- Advertising with intent not to sell as advertised.
- Misstating the reasons for price reductions and a host of others.
The point to be made is that fraud under the Consumer Protection Act is not just actual fraud.
Aside from simply establishing certain duties that may be owed, the statute expressly gives rise to an individual cause of action. That action is for actual damages or $500.00, whichever is greater. In addition if the conduct is willful then treble damages may be allowed. In addition reasonable attorneys’ fees are allowed.
However if a supplier can show by a preponderance of the evidence that the act or practice that is alleged is in fact an act or practice of the manufacturer or distributor to the supplier over whom the supplier has no control or that the alleged violation was from a bona fide error, then there is no liability imposed on the supplier. Va. Code § 59.1-207
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Call or contact us for a free consult. Also for more info on consumer protection see the Wikipedia pages. Also see the post on this site dealing with contract issues. Consumer claims frequently involve contract issues.
