Virginia 2025 Regular Session

Virginia House Bill HB1725 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		2025 SESSION
2	2
3		-	~~HOUSE SUBSTITUTE~~
	3	+	ENROLLED
4	4
5		-	~~25108412D~~
	5	+	VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
6	6
7		-	~~HOUSE BILL NO~~. ~~1725~~
	7	+	An Act to amend and reenact 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 58, consisting of sections numbered 59.1-607, 59.1-608, and 59.1-609, relating to Medical Debt Protection Act established; prohibited practices; penalties.
8	8
9		-	~~AMENDMENT IN THE NATURE OF A SUBSTITUTE~~
	9	+	[H 1725]
10	10
11		-	(Proposed by the Governor
12		-
13		-	on March 24, 2025)
14		-
15		-	(Patron Prior to SubstituteDelegate Delaney)
16		-
17		-	A BILL to amend and reenact 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 58, consisting of sections numbered 59.1-607, 59.1-608, and 59.1-609, relating to Medical Debt Protection Act established; prohibited practices; penalties.
	11	+	Approved
18	12
19	13		Be it enacted by the General Assembly of Virginia:
20	14
21	15		1. That 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Title 59.1 a chapter numbered 58, consisting of sections numbered 59.1-607, 59.1-608, and 59.1-609, as follows:
22	16
23	17		59.1-200. (Effective until July 1, 2025) Prohibited practices.
24	18
25	19		A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
26	20
27	21		1. Misrepresenting goods or services as those of another;
28	22
29	23		2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
30	24
31	25		3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
32	26
33	27		4. Misrepresenting geographic origin in connection with goods or services;
34	28
35	29		5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
36	30
37	31		6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
38	32
39	33		7. 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";
40	34
41	35		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.
42	36
43	37		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. This paragraph shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;
44	38
45	39		9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
46	40
47	41		10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
48	42
49	43		11. Misrepresenting by the use of any written or documentary material that appears to be an invoice or bill for merchandise or services previously ordered;
50	44
51	45		12. 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 manufacturing the goods or services advertised or offered for sale;
52	46
53	47		13. 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;
54	48
55	49		13a. Failing to provide to a consumer, or failing to use or include in any written document or material provided to or executed by a consumer, in connection with a consumer transaction any statement, disclosure, notice, or other information however characterized when the supplier is required by 16 C.F.R. Part 433 to so provide, use, or include the statement, disclosure, notice, or other information in connection with the consumer transaction;
56	50
57	51		14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
58	52
59	53		15. Violating any provision of 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6516, or 3.2-6519 is a violation of this chapter;
60	54
61	55		16. Failing to disclose all conditions, charges, or fees relating to:
62	56
63	57		a. The return of goods for refund, exchange, or credit. 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. If the supplier does not permit a refund, exchange, or credit for return, he shall so state on a similar sign. The provisions of this subdivision shall not apply to any retail merchant who has a policy of providing, for a period of not less than 20 days after date of purchase, a cash refund or credit to the purchaser's credit card account for the return of defective, unused, or undamaged merchandise upon presentation of proof of purchase. In the case of merchandise paid for by check, the purchase shall be treated as a cash purchase and any refund may be delayed for a period of 10 banking days to allow for the check to clear. This subdivision does not apply to sale merchandise that is obviously distressed, out of date, post season, or otherwise reduced for clearance; nor does this subdivision apply to special order purchases where the purchaser has requested the supplier to order merchandise of a specific or unusual size, color, or brand not ordinarily carried in the store or the store's catalog; nor shall this subdivision apply in connection with a transaction for the sale or lease of motor vehicles, farm tractors, or motorcycles as defined in 46.2-100;
64	58
65	59		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 a sign placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the consumer, or (iii) on the bill of sale. Disclosure shall include the conditions, charges, or fees in the event that a consumer breaches the agreement;
66	60
67	61		16a. Failing to provide written notice to a consumer of an existing open-end credit balance in excess of $5 (i) on an account maintained by the supplier and (ii) resulting from such consumer's overpayment on such account. Suppliers shall give consumers written notice of such credit balances within 60 days of receiving overpayments. If the credit balance information is incorporated into statements of account furnished consumers by suppliers within such 60-day period, no separate or additional notice is required;
68	62
69	63		17. If a supplier enters into a written agreement with a consumer to resolve a dispute that arises in connection with a consumer transaction, failing to adhere to the terms and conditions of such an agreement;
70	64
71	65		18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
72	66
73	67		19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
74	68
75	69		20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
76	70
77	71		21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
78	72
79	73		22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
80	74
81	75		23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
82	76
83	77		24. Violating any provision of 54.1-1505;
84	78
85	79		25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
86	80
87	81		26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
88	82
89	83		27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
90	84
91	85		28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
92	86
93	87		29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
94	88
95	89		30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
96	90
97	91		31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
98	92
99	93		32. Violating any provision of 46.2-1231 and 46.2-1233.1;
100	94
101	95		33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
102	96
103	97		34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
104	98
105	99		35. Using the consumer's social security number as the consumer's account number with the supplier, if the consumer has requested in writing that the supplier use an alternate number not associated with the consumer's social security number;
106	100
107	101		36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
108	102
109	103		37. Violating any provision of 8.01-40.2;
110	104
111	105		38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
112	106
113	107		39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
114	108
115	109		40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
116	110
117	111		41. Violating any provision of the Virginia Post-Disaster Anti-Price Gouging Act, Chapter 46 ( 59.1-525 et seq.). For the purposes of this subdivision, "consumer transaction" has the same meaning as provided in 59.1-526;
118	112
119	113		42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
120	114
121	115		43. Violating any provision of 59.1-443.2;
122	116
123	117		44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
124	118
125	119		45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
126	120
127	121		46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
128	122
129	123		47. Violating any provision of 18.2-239;
130	124
131	125		48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
132	126
133	127		49. Selling, offering for sale, or manufacturing for sale a children's product the supplier knows or has reason to know was recalled by the U.S. Consumer Product Safety Commission. 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. Consumer Product Safety Commission. This prohibition does not apply to children's products that are used, secondhand or "seconds";
134	128
135	129		50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
136	130
137	131		51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
138	132
139	133		52. Violating any provision of 8.2-317.1;
140	134
141	135		53. Violating subsection A of 9.1-149.1;
142	136
143	137		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 defective drywall. This subdivision shall not apply to the sale or offering for sale of any building or structure in which defective drywall has been permanently installed or affixed;
144	138
145	139		55. 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;
146	140
147	141		56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
148	142
149	143		57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
150	144
151	145		58. Violating any provision of Chapter 17.8 ( 59.1-207.45 et seq.). For the purposes of this subdivision, "consumer transaction" also includes transactions involving an automatic renewal or continuous service offer by a supplier to a small business, as those terms are defined in 59.1-207.45;
152	146
153	147		59. Violating any provision of subsection E of 32.1-126;
154	148
155	149		60. Violating any provision of 54.1-111 relating to the unlicensed practice of a profession licensed under Chapter 11 ( 54.1-1100 et seq.) or Chapter 21 ( 54.1-2100 et seq.) of Title 54.1;
156	150
157	151		61. Violating any provision of 2.2-2001.5;
158	152
159	153		62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
160	154
161	155		63. Violating any provision of 6.2-312;
162	156
163	157		64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
164	158
165	159		65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
166	160
167	161		66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
168	162
169	163		67. Knowingly violating any provision of 8.01-27.5;
170	164
171	165		68. Failing to, in accordance with 59.1-207.46, (i) make available a conspicuous online option to cancel a recurring purchase of a good or service or (ii) with respect to a free trial lasting more than 30 days, notify a consumer of his option to cancel such free trial within 30 days of the end of the trial period to avoid an obligation to pay for the goods or services;
172	166
173	167		69. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of tetrahydrocannabinol. As used in this subdivision, "synthetic derivative" means a chemical compound produced by man through a chemical transformation to turn a compound into a different compound by adding or subtracting molecules to or from the original compound. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. 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;
174	168
175	169		70. Selling or offering for sale to a person younger than 21 years of age any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. 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;
176	170
177	171		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; (ii) equipped with a label that states, in English and in a font no less than 1/16 of an inch, (a) that the substance contains tetrahydrocannabinol and may not be sold to persons younger than 21 years of age, (b) all ingredients contained in the substance, (c) the amount of such substance that constitutes a single serving, and (d) the total percentage and milligrams of tetrahydrocannabinol included in the substance and the number of milligrams of tetrahydrocannabinol that are contained in each serving; 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. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. 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;
178	172
179	173		72. Manufacturing, offering for sale at retail, or selling at retail an industrial hemp extract, as defined in 3.2-5145.1, a food containing an industrial hemp extract, or a substance containing tetrahydrocannabinol that depicts or is in the shape of a human, animal, vehicle, or fruit;
180	174
181	175		73. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol and, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear the trademark, trade name, famous mark as defined in 15 U.S.C. 1125, or other identifying mark, imprint, or device, or any likeness thereof, of a manufacturer, processor, packer, or distributor of a product intended for human consumption other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such substance;
182	176
183	177		74. Selling or offering for sale a topical hemp product, as defined in 3.2-4112, that does not include a label stating that the product is not intended for human consumption. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.), (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1, or (iii) apply to topical hemp products that were manufactured prior to July 1, 2023, provided that the person provides documentation of the date of manufacture if requested;
184	178
185	179		75. Violating any provision of 59.1-466.8;
186	180
187	181		76. Violating subsection F of 36-96.3:1;
188	182
189	183		77. Selling or offering for sale (i) any kratom product to a person younger than 21 years of age or (ii) any kratom product that does not include a label listing all ingredients and with the following guidance: "This product may be harmful to your health, has not been evaluated by the FDA, and is not intended to diagnose, treat, cure, or prevent any disease." As used in this subdivision, "kratom" means any part of the leaf of the plant Mitragyna speciosa or any extract thereof;
190	184
191	185		78. Advertising of any ignition interlock system in Virginia by an ignition interlock vendor not approved by the Commission on the Virginia Alcohol Safety Action Program to operate in Virginia; targeted advertising of any ignition interlock system to a person before determination of guilt; and any advertising, whether before or after determination of guilt, without a conspicuous statement that such advertisement is not affiliated with any government agency. For purposes of this subdivision, "ignition interlock system" has the same meaning as ascribed to that term in 18.2-270.1 and "targeted advertising" has the same meaning ascribed to that term in 59.1-575 and includes direct mailings to an individual. This provision shall not apply to ignition interlock service vendor ads, pamphlets, or kiosk advertisements approved by the Commission on the Virginia Alcohol Safety Action Program and provided at a Commission-approved location;
192	186
193	187		79. Failing to disclose the total cost of a good or continuous service, as defined in 59.1-207.45, to a consumer, including any mandatory fees or charges, prior to entering into an agreement for the sale of any such good or provision of any such continuous service;
194	188
195	189		80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
196	190
197	191		81. Selling or offering for sale services as a professional mold remediator to be performed upon any residential dwelling without holding a mold remediation certification from the Institute of Inspection, Cleaning and Restoration Certification (IICRC); and
198	192
199	193		82. Willfully violating any provision of 59.1-444.4; and
200	194
201	195		83. Violating any provision of the Medical Debt Protection Act ( 59.1-607 et seq.).
202	196
203	197		B. Nothing in this section shall be construed to invalidate or make unenforceable any contract or lease solely by reason of the failure of such contract or lease to comply with any other law of the Commonwealth or any federal statute or regulation, to the extent such other law, statute, or regulation provides that a violation of such law, statute, or regulation shall not invalidate or make unenforceable such contract or lease.
204	198
205	199		59.1-200. (Effective July 1, 2025) Prohibited practices.
206	200
207	201		A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
208	202
209	203		1. Misrepresenting goods or services as those of another;
210	204
211	205		2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
212	206
213	207		3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
214	208
215	209		4. Misrepresenting geographic origin in connection with goods or services;
216	210
217	211		5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
218	212
219	213		6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
220	214
221	215		7. 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";
222	216
223	217		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.
224	218
225	219		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. This paragraph shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;
226	220
227	221		9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
228	222
229	223		10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
230	224
231	225		11. Misrepresenting by the use of any written or documentary material that appears to be an invoice or bill for merchandise or services previously ordered;
232	226
233	227		12. 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 manufacturing the goods or services advertised or offered for sale;
234	228
235	229		13. 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;
236	230
237	231		13a. Failing to provide to a consumer, or failing to use or include in any written document or material provided to or executed by a consumer, in connection with a consumer transaction any statement, disclosure, notice, or other information however characterized when the supplier is required by 16 C.F.R. Part 433 to so provide, use, or include the statement, disclosure, notice, or other information in connection with the consumer transaction;
238	232
239	233		14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
240	234
241	235		15. Violating any provision of 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6516, or 3.2-6519 is a violation of this chapter;
242	236
243	237		16. Failing to disclose all conditions, charges, or fees relating to:
244	238
245	239		a. The return of goods for refund, exchange, or credit. 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. If the supplier does not permit a refund, exchange, or credit for return, he shall so state on a similar sign. The provisions of this subdivision shall not apply to any retail merchant who has a policy of providing, for a period of not less than 20 days after date of purchase, a cash refund or credit to the purchaser's credit card account for the return of defective, unused, or undamaged merchandise upon presentation of proof of purchase. In the case of merchandise paid for by check, the purchase shall be treated as a cash purchase and any refund may be delayed for a period of 10 banking days to allow for the check to clear. This subdivision does not apply to sale merchandise that is obviously distressed, out of date, post season, or otherwise reduced for clearance; nor does this subdivision apply to special order purchases where the purchaser has requested the supplier to order merchandise of a specific or unusual size, color, or brand not ordinarily carried in the store or the store's catalog; nor shall this subdivision apply in connection with a transaction for the sale or lease of motor vehicles, farm tractors, or motorcycles as defined in 46.2-100;
246	240
247	241		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 a sign placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the consumer, or (iii) on the bill of sale. Disclosure shall include the conditions, charges, or fees in the event that a consumer breaches the agreement;
248	242
249	243		16a. Failing to provide written notice to a consumer of an existing open-end credit balance in excess of $5 (i) on an account maintained by the supplier and (ii) resulting from such consumer's overpayment on such account. Suppliers shall give consumers written notice of such credit balances within 60 days of receiving overpayments. If the credit balance information is incorporated into statements of account furnished consumers by suppliers within such 60-day period, no separate or additional notice is required;
250	244
251	245		17. If a supplier enters into a written agreement with a consumer to resolve a dispute that arises in connection with a consumer transaction, failing to adhere to the terms and conditions of such an agreement;
252	246
253	247		18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
254	248
255	249		19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
256	250
257	251		20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
258	252
259	253		21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
260	254
261	255		22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
262	256
263	257		23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
264	258
265	259		24. Violating any provision of 54.1-1505;
266	260
267	261		25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
268	262
269	263		26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
270	264
271	265		27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
272	266
273	267		28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
274	268
275	269		29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
276	270
277	271		30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
278	272
279	273		31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
280	274
281	275		32. Violating any provision of 46.2-1231 and 46.2-1233.1;
282	276
283	277		33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
284	278
285	279		34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
286	280
287	281		35. Using the consumer's social security number as the consumer's account number with the supplier, if the consumer has requested in writing that the supplier use an alternate number not associated with the consumer's social security number;
288	282
289	283		36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
290	284
291	285		37. Violating any provision of 8.01-40.2;
292	286
293	287		38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
294	288
295	289		39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
296	290
297	291		40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
298	292
299	293		41. Violating any provision of the Virginia Post-Disaster Anti-Price Gouging Act, Chapter 46 ( 59.1-525 et seq.). For the purposes of this subdivision, "consumer transaction" has the same meaning as provided in 59.1-526;
300	294
301	295		42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
302	296
303	297		43. Violating any provision of 59.1-443.2;
304	298
305	299		44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
306	300
307	301		45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
308	302
309	303		46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
310	304
311	305		47. Violating any provision of 18.2-239;
312	306
313	307		48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
314	308
315	309		49. Selling, offering for sale, or manufacturing for sale a children's product the supplier knows or has reason to know was recalled by the U.S. Consumer Product Safety Commission. 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. Consumer Product Safety Commission. This prohibition does not apply to children's products that are used, secondhand or "seconds";
316	310
317	311		50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
318	312
319	313		51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
320	314
321	315		52. Violating any provision of 8.2-317.1;
322	316
323	317		53. Violating subsection A of 9.1-149.1;
324	318
325	319		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 defective drywall. This subdivision shall not apply to the sale or offering for sale of any building or structure in which defective drywall has been permanently installed or affixed;
326	320
327	321		55. 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;
328	322
329	323		56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
330	324
331	325		57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
332	326
333	327		58. Violating any provision of Chapter 17.8 ( 59.1-207.45 et seq.). For the purposes of this subdivision, "consumer transaction" also includes transactions involving an automatic renewal or continuous service offer by a supplier to a small business, as those terms are defined in 59.1-207.45;
334	328
335	329		59. Violating any provision of subsection E of 32.1-126;
336	330
337	331		60. Violating any provision of 54.1-111 relating to the unlicensed practice of a profession licensed under Chapter 11 ( 54.1-1100 et seq.) or Chapter 21 ( 54.1-2100 et seq.) of Title 54.1;
338	332
339	333		61. Violating any provision of 2.2-2001.5;
340	334
341	335		62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
342	336
343	337		63. Violating any provision of 6.2-312;
344	338
345	339		64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
346	340
347	341		65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
348	342
349	343		66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
350	344
351	345		67. Knowingly violating any provision of 8.01-27.5;
352	346
353	347		68. Failing to, in accordance with 59.1-207.46, (i) make available a conspicuous online option to cancel a recurring purchase of a good or service or (ii) with respect to a free trial lasting more than 30 days, notify a consumer of his option to cancel such free trial within 30 days of the end of the trial period to avoid an obligation to pay for the goods or services;
354	348
355	349		69. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of tetrahydrocannabinol. As used in this subdivision, "synthetic derivative" means a chemical compound produced by man through a chemical transformation to turn a compound into a different compound by adding or subtracting molecules to or from the original compound. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. 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;
356	350
357	351		70. Selling or offering for sale to a person younger than 21 years of age any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. 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;
358	352
359	353		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; (ii) equipped with a label that states, in English and in a font no less than 1/16 of an inch, (a) that the substance contains tetrahydrocannabinol and may not be sold to persons younger than 21 years of age, (b) all ingredients contained in the substance, (c) the amount of such substance that constitutes a single serving, and (d) the total percentage and milligrams of tetrahydrocannabinol included in the substance and the number of milligrams of tetrahydrocannabinol that are contained in each serving; 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. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. 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;
360	354
361	355		72. Manufacturing, offering for sale at retail, or selling at retail an industrial hemp extract, as defined in 3.2-5145.1, a food containing an industrial hemp extract, or a substance containing tetrahydrocannabinol that depicts or is in the shape of a human, animal, vehicle, or fruit;
362	356
363	357		73. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol and, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear the trademark, trade name, famous mark as defined in 15 U.S.C. 1125, or other identifying mark, imprint, or device, or any likeness thereof, of a manufacturer, processor, packer, or distributor of a product intended for human consumption other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such substance;
364	358
365	359		74. Selling or offering for sale a topical hemp product, as defined in 3.2-4112, that does not include a label stating that the product is not intended for human consumption. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.), (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1, or (iii) apply to topical hemp products that were manufactured prior to July 1, 2023, provided that the person provides documentation of the date of manufacture if requested;
366	360
367	361		75. Violating any provision of 59.1-466.8;
368	362
369	363		76. Violating subsection F of 36-96.3:1;
370	364
371	365		77. Selling or offering for sale (i) any kratom product to a person younger than 21 years of age or (ii) any kratom product that does not include a label listing all ingredients and with the following guidance: "This product may be harmful to your health, has not been evaluated by the FDA, and is not intended to diagnose, treat, cure, or prevent any disease." As used in this subdivision, "kratom" means any part of the leaf of the plant Mitragyna speciosa or any extract thereof;
372	366
373	367		78. Advertising of any ignition interlock system in Virginia by an ignition interlock vendor not approved by the Commission on the Virginia Alcohol Safety Action Program to operate in Virginia; targeted advertising of any ignition interlock system to a person before determination of guilt; and any advertising, whether before or after determination of guilt, without a conspicuous statement that such advertisement is not affiliated with any government agency. For purposes of this subdivision, "ignition interlock system" has the same meaning as ascribed to that term in 18.2-270.1 and "targeted advertising" has the same meaning ascribed to that term in 59.1-575 and includes direct mailings to an individual. This provision shall not apply to ignition interlock service vendor ads, pamphlets, or kiosk advertisements approved by the Commission on the Virginia Alcohol Safety Action Program and provided at a Commission-approved location;
374	368
375	369		79. Failing to disclose the total cost of a good or continuous service, as defined in 59.1-207.45, to a consumer, including any mandatory fees or charges, prior to entering into an agreement for the sale of any such good or provision of any such continuous service;
376	370
377	371		80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
378	372
379	373		81. Selling or offering for sale services as a professional mold remediator to be performed upon any residential dwelling without holding a mold remediation certification from the Institute of Inspection, Cleaning and Restoration Certification (IICRC);
380	374
381	375		82. Willfully violating any provision of 59.1-444.4; and
382	376
383	377		83. Violating any provision of Chapter 23.2 ( 59.1-293.10 et seq.); and
384	378
385	379		84. Violating any provision of the Medical Debt Protection Act ( 59.1-607 et seq.).
386	380
387	381		B. Nothing in this section shall be construed to invalidate or make unenforceable any contract or lease solely by reason of the failure of such contract or lease to comply with any other law of the Commonwealth or any federal statute or regulation, to the extent such other law, statute, or regulation provides that a violation of such law, statute, or regulation shall not invalidate or make unenforceable such contract or lease.
388	382
389	383		CHAPTER 58.
390	384
391	385		MEDICAL DEBT PROTECTION ACT.
392	386
393	387		59.1-607. Definitions.
394	388
395	389		As used in this chapter, unless the context requires a different meaning:
396	390
397	391		"Consumer reporting agency" has the same meaning as provided in 59.1-444.1.
398	392
399	393		"Emergency services" has the same meaning as provided in 38.2-3438.
400	394
401	395		"Extraordinary collection action" means any action taken to obtain payment of a medical debt that:
402	396
403		-	1. Involves ~~reporting adverse information about~~ an individual to ~~consumer reporting agencies~~;
	397	+	1. Involves selling an individual's medical debt to another party;
404	398
405		-	2. Involves ~~deferring, denying,~~ ~~or requiring a payment before providing emergency services or urgent services because of~~ an individual~~'s nonpayment of medical debt~~; or
	399	+	2. Involves reporting adverse information about an individual to consumer reporting agencies;
406	400
407		-	3. Requires a legal or judicial process, including placing a lien on an individual's property, foreclosing on an individual's real property, attaching or seizing an individual's bank account or any other personal property, commencing a civil action against an individual, causing an individual's arrest, causing an individual to be subject to a writ of body attachment, or garnishing an individual's wages.
	401	+	3. Involves deferring, denying, or requiring a payment before providing emergency services or urgent services because of an individual's nonpayment of medical debt; or
	402	+
	403	+	4. Requires a legal or judicial process, including placing a lien on an individual's property, foreclosing on an individual's real property, attaching or seizing an individual's bank account or any other personal property, commencing a civil action against an individual, causing an individual's arrest, causing an individual to be subject to a writ of body attachment, or garnishing an individual's wages.
408	404
409	405		"Financial assistance policy" means a written policy made pursuant to 26 C.F.R. 1.501(r)-1 or 32.1-137.010 or other written policy for providing financial assistance to patients adopted by a large health care facility or medical creditor voluntarily or otherwise as required by applicable federal or state law or regulation.
410	406
411	407		"Health care services" has the same meaning as provided in 59.1-444.1.
412	408
413	409		"Large health care facility" includes:
414	410
415	411		1. Any hospital licensed by the Department of Health pursuant to Chapter 5 ( 32.1-123 et seq.) of Title 32.1 and any outpatient clinic or facility operating under the license of such a hospital; and
416	412
417	413		2. Any practice that provides outpatient medical, surgical, behavioral, optical, radiology, laboratory, dental, or other health care services with revenues of at least $20 million annually.
418	414
419	415		"Medical creditor" means any entity that provides health care services for which a consumer (i) owes medical debt or (ii) if such medical debt has been sold, previously owed medical debt.
420	416
421		-	"Medical debt" has the same meaning as provided in 59.1-444.1~~, except that for the purposes of this chapter, "medical debt" only includes medical debt incurred on or after July 1, 2026~~.
	417	+	"Medical debt" has the same meaning as provided in 59.1-444.1.
422	418
423	419		"Medical debt buyer" means a person that is engaged in the business of purchasing medical debt or collecting medical debt on behalf of another entity, whether such person collects the medical debt directly or hires an attorney or other third party to collect such medical debt.
424	420
425	421		"Medical debt collector" means any person that regularly collects or attempts to collect, directly or indirectly, medical debts originally owed, due, or asserted to be owed or due to another. "Medical debt collector" includes a medical debt buyer.
426	422
427	423		"Patient" means the individual who received health care services and includes a parent if the patient is a minor or a legal guardian if the patient is an adult under guardianship.
428	424
429	425		"Urgent services" means health care services the delay of which could seriously jeopardize an individual's life, health, or ability to regain maximum function.
430	426
431	427		59.1-608. Billing and collection rules; limits on creditors.
432	428
433	429		A. No large health care facility or medical debt buyer shall charge a patient any interest or late fees on medical debt until 90 days following the due date applicable to the final invoice, and no such interest or late fees shall exceed three percent of the amount of such medical debt per annum.
434	430
435	431		B. No medical creditor or medical debt collector shall use any of the following extraordinary collection actions to collect medical debts:
436	432
437	433		1. Causing an individual's arrest;
438	434
439	435		2. Causing an individual to be subject to a writ of body attachment;
440	436
441	437		3. Foreclosing on an individual's real property;
442	438
443	439		4. Placing a lien on an individual's personal property; or
444	440
445	441		5. Garnishing the wages of any individual qualifying for financial assistance under the financial assistance policy applicable to the underlying medical debt.
446	442
447	443		C. No medical creditor shall sell an individual's medical debt to a medical debt buyer except if, prior to such sale, the medical creditor has entered into a legally binding written agreement with the medical debt buyer under which all of the following apply:
448	444
449	445		1. The medical debt buyer is prohibited from engaging in any extraordinary collection action described in subsection B to obtain payment;
450	446
451	447		2. The medical debt buyer is prohibited from charging interest on the debt at a rate higher than three percent per annum;
452	448
453	449		3. The debt is returnable to or recallable by the medical creditor upon a determination by the medical debt buyer that the individual is eligible for financial assistance under the financial assistance policy applicable to the underlying medical debt; and
454	450
455	451		4. The medical debt buyer is required to adhere to specified procedures that ensure that the individual does not pay, and has no obligation to pay, the medical debt buyer more than such individual is responsible for paying in compliance with this chapter.
456	452
457		-	D. No medical creditor or medical debt collector shall take any extraordinary collection action until 120 days following the due date applicable to the final invoice for a health care service. At least 30 days before taking any extraordinary collection action, a medical creditor or medical debt collector shall provide the patient a notice including:
	453	+	D. A medical creditor that sells medical debt to a medical debt buyer under an agreement described in subsection C remains liable for any actions taken by such medical debt buyer in relation to such medical debt, subject to any indemnification provisions as may be agreed to by such parties.
	454	+
	455	+	E. No medical creditor or medical debt collector shall take any extraordinary collection action until 120 days following the due date applicable to the final invoice for a health care service. At least 30 days before taking any extraordinary collection action, a medical creditor or medical debt collector shall provide the patient a notice including:
458	456
459	457		1. If the medical debt resulted from health care services provided by a large health care facility, a statement of whether financial assistance is available for eligible individuals and a plain language summary of any financial assistance policy;
460	458
461	459		2. A list of any extraordinary collection actions that will be taken to obtain payment; and
462	460
463	461		3. A deadline after which such extraordinary collection actions will be initiated, which shall be at least 30 days after the date such notice is provided.
464	462
465		-	E. No large health care facility or medical debt collector collecting medical debt for health care services provided by a large health care facility shall use any extraordinary collection action unless such action is described in the large health care facility's billing and collections policy.
	463	+	F. No large health care facility or medical debt collector collecting medical debt for health care services provided by a large health care facility shall use any extraordinary collection action unless such action is described in the large health care facility's billing and collections policy.
466	464
467		-	F. If a patient has paid any part of a medical debt in excess of the amount owed after any financial assistance offered by a large health care facility, the large health care facility or medical debt collector, as specified in the agreement required by subsection C, shall refund any excess amount to the patient within 60 days after determination of such excess payment.
	465	+	G. If a patient has paid any part of a medical debt in excess of the amount owed after any financial assistance offered by a large health care facility, the large health care facility or medical debt collector, as specified in the agreement required by subsection C, shall refund any excess amount to the patient within 60 days after determination of such excess payment.
468	466
469	467		59.1-609. Enforcement; penalties.
470	468
471	469		Any violation of this chapter shall constitute a prohibited practice under the provisions of 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act ( 59.1-196 et seq.).
472	470
473	471		2. That the provisions of this act shall become effective on July 1, 2026.