Virginia 2025 Regular Session

Virginia House Bill HB2195 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	CHAPTER 251
	1	+	2025 SESSION
	2	+
	3	+	ENROLLED
	4	+
	5	+	VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
2	6
3	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, relating to Virginia Consumer Protection Act; mold remediation; emergency.
4	8
5	9		[H 2195]
6	10
7		-	Approved ~~March 21, 2025~~
	11	+	Approved
8	12
9	13		Be it enacted by the General Assembly of Virginia:
10	14
11	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 as follows:
12	16
13	17		59.1-200. (Effective until July 1, 2025) Prohibited practices.
14	18
15	19		A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
16	20
17	21		1. Misrepresenting goods or services as those of another;
18	22
19	23		2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
20	24
21	25		3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
22	26
23	27		4. Misrepresenting geographic origin in connection with goods or services;
24	28
25	29		5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
26	30
27	31		6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
28	32
29	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";
30	34
31	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.
32	36
33	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;
34	38
35	39		9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
36	40
37	41		10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
38	42
39	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;
40	44
41	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;
42	46
43	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;
44	48
45	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;
46	50
47	51		14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
48	52
49	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;
50	54
51	55		16. Failing to disclose all conditions, charges, or fees relating to:
52	56
53	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;
54	58
55	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;
56	60
57	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;
58	62
59	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;
60	64
61	65		18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
62	66
63	67		19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
64	68
65	69		20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
66	70
67	71		21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
68	72
69	73		22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
70	74
71	75		23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
72	76
73	77		24. Violating any provision of 54.1-1505;
74	78
75	79		25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
76	80
77	81		26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
78	82
79	83		27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
80	84
81	85		28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
82	86
83	87		29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
84	88
85	89		30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
86	90
87	91		31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
88	92
89	93		32. Violating any provision of 46.2-1231 and 46.2-1233.1;
90	94
91	95		33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
92	96
93	97		34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
94	98
95	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;
96	100
97	101		36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
98	102
99	103		37. Violating any provision of 8.01-40.2;
100	104
101	105		38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
102	106
103	107		39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
104	108
105	109		40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
106	110
107	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;
108	112
109	113		42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
110	114
111	115		43. Violating any provision of 59.1-443.2;
112	116
113	117		44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
114	118
115	119		45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
116	120
117	121		46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
118	122
119	123		47. Violating any provision of 18.2-239;
120	124
121	125		48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
122	126
123	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";
124	128
125	129		50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
126	130
127	131		51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
128	132
129	133		52. Violating any provision of 8.2-317.1;
130	134
131	135		53. Violating subsection A of 9.1-149.1;
132	136
133	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;
134	138
135	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;
136	140
137	141		56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
138	142
139	143		57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
140	144
141	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;
142	146
143	147		59. Violating any provision of subsection E of 32.1-126;
144	148
145	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;
146	150
147	151		61. Violating any provision of 2.2-2001.5;
148	152
149	153		62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
150	154
151	155		63. Violating any provision of 6.2-312;
152	156
153	157		64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
154	158
155	159		65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
156	160
157	161		66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
158	162
159	163		67. Knowingly violating any provision of 8.01-27.5;
160	164
161	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;
162	166
163	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;
164	168
165	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;
166	170
167	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;
168	172
169	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;
170	174
171	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;
172	176
173	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;
174	178
175	179		75. Violating any provision of 59.1-466.8;
176	180
177	181		76. Violating subsection F of 36-96.3:1;
178	182
179	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;
180	184
181	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;
182	186
183	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;
184	188
185	189		80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
186	190
187	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) a nationally or internationally recognized certifying body for mold remediation, and failing to comply with (i) the U.S. Environmental Protection Agency's publication on Mold Remediation in Schools and Commercial Buildings, as revised; (ii) the ANSI/IICRC S520 Standard for Professional Mold Remediation, as revised; or (iii) any other equivalent ANSI-accredited mold remediation standard, when conducting or offering to conduct mold remediation in the Commonwealth; and
188	192
189	193		82. Willfully violating any provision of 59.1-444.4.
190	194
191	195		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.
192	196
193	197		59.1-200. (Effective July 1, 2025) Prohibited practices.
194	198
195	199		A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
196	200
197	201		1. Misrepresenting goods or services as those of another;
198	202
199	203		2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
200	204
201	205		3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
202	206
203	207		4. Misrepresenting geographic origin in connection with goods or services;
204	208
205	209		5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
206	210
207	211		6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
208	212
209	213		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";
210	214
211	215		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.
212	216
213	217		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;
214	218
215	219		9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
216	220
217	221		10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
218	222
219	223		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;
220	224
221	225		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;
222	226
223	227		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;
224	228
225	229		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;
226	230
227	231		14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
228	232
229	233		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;
230	234
231	235		16. Failing to disclose all conditions, charges, or fees relating to:
232	236
233	237		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;
234	238
235	239		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;
236	240
237	241		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;
238	242
239	243		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;
240	244
241	245		18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
242	246
243	247		19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
244	248
245	249		20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
246	250
247	251		21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
248	252
249	253		22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
250	254
251	255		23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
252	256
253	257		24. Violating any provision of 54.1-1505;
254	258
255	259		25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
256	260
257	261		26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
258	262
259	263		27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
260	264
261	265		28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
262	266
263	267		29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
264	268
265	269		30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
266	270
267	271		31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
268	272
269	273		32. Violating any provision of 46.2-1231 and 46.2-1233.1;
270	274
271	275		33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
272	276
273	277		34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
274	278
275	279		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;
276	280
277	281		36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
278	282
279	283		37. Violating any provision of 8.01-40.2;
280	284
281	285		38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
282	286
283	287		39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
284	288
285	289		40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
286	290
287	291		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;
288	292
289	293		42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
290	294
291	295		43. Violating any provision of 59.1-443.2;
292	296
293	297		44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
294	298
295	299		45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
296	300
297	301		46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
298	302
299	303		47. Violating any provision of 18.2-239;
300	304
301	305		48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
302	306
303	307		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";
304	308
305	309		50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
306	310
307	311		51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
308	312
309	313		52. Violating any provision of 8.2-317.1;
310	314
311	315		53. Violating subsection A of 9.1-149.1;
312	316
313	317		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;
314	318
315	319		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;
316	320
317	321		56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
318	322
319	323		57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
320	324
321	325		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;
322	326
323	327		59. Violating any provision of subsection E of 32.1-126;
324	328
325	329		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;
326	330
327	331		61. Violating any provision of 2.2-2001.5;
328	332
329	333		62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
330	334
331	335		63. Violating any provision of 6.2-312;
332	336
333	337		64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
334	338
335	339		65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
336	340
337	341		66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
338	342
339	343		67. Knowingly violating any provision of 8.01-27.5;
340	344
341	345		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;
342	346
343	347		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;
344	348
345	349		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;
346	350
347	351		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;
348	352
349	353		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;
350	354
351	355		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;
352	356
353	357		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;
354	358
355	359		75. Violating any provision of 59.1-466.8;
356	360
357	361		76. Violating subsection F of 36-96.3:1;
358	362
359	363		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;
360	364
361	365		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;
362	366
363	367		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;
364	368
365	369		80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
366	370
367	371		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) a nationally or internationally recognized certifying body for mold remediation, and failing to comply with (i) the U.S. Environmental Protection Agency's publication on Mold Remediation in Schools and Commercial Buildings, as revised; (ii) the ANSI/IICRC S520 Standard for Professional Mold Remediation, as revised; or (iii) any other equivalent ANSI-accredited mold remediation standard, when conducting or offering to conduct mold remediation in the Commonwealth;
368	372
369	373		82. Willfully violating any provision of 59.1-444.4; and
370	374
371	375		83. Violating any provision of Chapter 23.2 ( 59.1-293.10 et seq.).
372	376
373	377		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.
374	378
375	379		2. That an emergency exists and the provisions of the first enactment of this act are in force from its passage.
376	380
377	381		3. That the Department of Professional and Occupational Regulation (the Department) shall, in consultation with the Virginia Department of Health and mold industry professionals, study the current state of the mold inspection and mold remediation workforce in the Commonwealth utilizing the most up-to-date data available to determine whether there is sufficient evidence that the licensure or certification of mold inspectors and mold remediators would benefit the public health, safety, or welfare and, if so, recommend educational, experiential, or examination requirements for such licensure or certification. The Department shall submit a report on the state of the mold inspection and mold remediation workforce in the Commonwealth to the House Committee on General Laws, the Senate Committee on General Laws and Technology, and the Joint Commission on Administrative Rules by January 1, 2026.