VA
Virginia House Bill HB2214

Virginia 2025 Regular Session

Virginia House Bill HB2214 Compare Versions

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1-OFFERED FOR CONSIDERATION 1/29/2025
1+2025 SESSION
2+
3+INTRODUCED
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5+25102255D
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37 HOUSE BILL NO. 2214
48
5-AMENDMENT IN THE NATURE OF A SUBSTITUTE
9+Offered January 8, 2025
610
7-(Proposed by the House Committee on Transportation
11+Prefiled January 7, 2025
812
9-on ________________)
13+A BILL to amend and reenact 2.2-517, 46.2-117, 46.2-118, 46.2-119, 46.2-1232, 46.2-1233.2, 46.2-1233.3, and 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 56-41.2; and to repeal 46.2-1233 and 46.2-1233.1 of the Code of Virginia, relating to trespass towing fees; State Corporation Commission to establish; report.
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11-(Patron Prior to SubstituteDelegate McQuinn)
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13-A BILL to amend and reenact 46.2-1233.1 of the Code of Virginia and to repeal the second enactment of Chapter 323 of the Acts of Assembly of 2023, as amended by Chapter 537 of the Acts of Assembly of 2024, relating to charges for towing and storage of certain vehicles.
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17+PatronMcQuinn
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19+
20+
21+Committee Referral Pending
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1624
1725 Be it enacted by the General Assembly of Virginia:
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19-1. That 46.2-1233.1 of the Code of Virginia is amended and reenacted as follows:
27+1. That 2.2-517, 46.2-117, 46.2-118, 46.2-119, 46.2-1232, 46.2-1233.2, 46.2-1233.3, and 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 56-41.2 as follows:
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21- 46.2-1233.1. Limitation on charges for towing and storage of certain vehicles.
29+ 2.2-517. Division of Consumer Counsel created; duties.
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23-A. Unless different limits are established by ordinance of the local governing body pursuant to 46.2-1233, as to vehicles towed or removed from private property, no charges imposed for the towing, storage, and safekeeping of any passenger car removed, towed, or stored without the consent of its owner shall be in excess of the maximum charges provided for in this section. No hookup and initial towing fee of any passenger car shall exceed $150 $210. For towing a vehicle between 7:00 p.m. and 8:00 a.m. or on any Saturday, Sunday, or holiday, an additional fee of no more than $30 per instance may be charged; however, in no event shall more than two such fees be charged for towing any such vehicle. No charge shall be made for storage and safekeeping for a period of 24 hours or less. Except for fees or charges imposed by this section or a local ordinance adopted pursuant to 46.2-1233, no other fees or charges shall be imposed during the first 24-hour period.
31+A. There is created in the Department of Law a Division of Consumer Counsel (the Division) that shall represent the interests of the people as consumers.
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25-B. The governing body of any county, city, or town may by ordinance, with the advice of an advisory board established pursuant to 46.2-1233.2, (i) provide that no towing and recovery business having custody of a vehicle towed without the consent of its owner impose storage charges for that vehicle for any period during which the owner of the vehicle was prevented from recovering the vehicle because the towing and recovery business was closed and (ii) place limits on the amount of fees charged by towing and recovery operators. Any such ordinance limiting fees shall also provide for periodic review of and timely adjustment of such limitations.
33+B. The duties of the Division shall be to:
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27-C. (Expires July 1, 2025) In addition to the fees authorized pursuant to this section, towing and recovery operators are authorized to charge a fuel surcharge fee of no more than $20 for each vehicle towed or removed from private property without the consent of its owner. Notwithstanding any other provision of this chapter, no local governing body shall limit or prohibit the fee authorized pursuant to this subsection. However, no towing and recovery operator is authorized to charge such a fuel charge in any locality in which the governing body of such locality has an ordinance setting reasonable limits on fees charged for the towing or removal of vehicles on private property in accordance with the provisions of 46.2-1233 and has conducted a review considering an adjustment of such limitations by December 31, 2025. Nothing in this subsection shall require a governing body of a locality to raise any previously set limits.
35+1. Appear before governmental commissions, agencies and departments, including the State Corporation Commission, to represent and be heard on behalf of consumers' interests, and investigate such matters relating to such appearance.
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29-2. That the second enactment of Chapter 323 of the Acts of Assembly of 2023, as amended by Chapter 537 of the Acts of Assembly of 2024, is repealed.
37+2. Make such studies related to enforcing consumer laws of the Commonwealth as deemed necessary to protect the interests of the consumer and recommend to the Governor and General Assembly the enactment of such legislation deemed necessary to promote and protect the interests of the people as consumers.
38+
39+C. In addition, the Division shall:
40+
41+1. Establish mechanisms by which to receive complaints and related inquiries from the Commonwealth's consumers involving violations or alleged violations of any law designed to protect the integrity of consumer transactions in the Commonwealth. Such mechanisms shall include establishing a statewide, toll-free telephone hotline to be administered by the Division; publicizing the existence of such hotline through public service announcements on television and radio and in newspapers and other media deemed necessary, convenient, or appropriate; and enhancing electronic communication with the Division through the Internet;
42+
43+2. Establish and administer programs that facilitate resolution of complaints and related inquiries from the Commonwealth's consumers involving violations or alleged violations of any law designed to protect the integrity of consumer transactions in the Commonwealth. Such programs may utilize paid or unpaid personnel, law schools or other institutions of higher education, community dispute resolution centers, or any other private or public entity, including any local offices of consumer affairs established pursuant to 15.2-963 that volunteer to participate in a program;
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45+3. Promote consumer education in cooperation with the Department of Education and inform the public of policies, decisions, and legislation affecting consumers;
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47+4. Serve as a central coordinating agency and clearinghouse for receiving and investigating complaints by the Commonwealth's consumers of illegal, fraudulent, deceptive or dangerous practices and referring appropriate complaints to the federal, state, and local departments or agencies charged with enforcement of consumer laws;
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49+5. Maintain records of consumer complaints and their eventual disposition, which records shall be open for public inspection, provided that information disclosing the business interests of any person, trade secrets, or the names of customers shall be held confidential except to the extent that disclosure of such matters may be necessary for the enforcement of laws; and
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51+6. Have the authority, in the same manner as provided in 59.1-308.2, to inquire into consumer complaints regarding violations of 46.2-1231 or 46.2-1233.1 involving businesses engaged in towing vehicles or to refer the complaint directly to the appropriate local enforcement officials.
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53+D. In addition, the Division may inquire into consumer complaints involving towing and recovery operators and tow truck drivers regarding violations of 46.2-118, 46.2-1217, or 46.2-1231, or 46.2-1233.1.
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55+E. The Division, in all investigations connected with enforcing consumer laws and appearances before governmental bodies shall, on behalf of the interests of the consumer, cooperate and coordinate its efforts with such commissions, agencies and departments in ensuring that any matters adversely affecting the interests of the consumer are properly controlled and regulated. The appearance of a representative of the Division before any governmental body shall in no way limit or alter the duties of such governmental body.
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57+F. The Attorney General may employ and fix the salaries of such attorneys, employees and consultants, within the amounts appropriated to the Attorney General for providing legal service for the Commonwealth, and other services as may be provided for by law, as he may deem necessary in the operation of the Division of Consumer Counsel to carry out its functions.
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59+ 46.2-117. Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs.
60+
61+A. Upon receipt of written notice from the Division of Consumer Counsel of the Office of the Attorney General that it has obtained a civil judgment against a tow truck driver for a violation of subsection A of 46.2-118 or 46.2-1217, or 46.2-1231, or 46.2-1233.1, or upon the failure of a tow truck driver to report to the Department within 10 days any conviction for a felony or misdemeanor that occurred while he is registered in accordance with 46.2-116, the Department may revoke or suspend the registration of a tow truck driver after notice and hearing as provided in subsection C.
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63+B. Furthermore, the Department shall, after notice and hearing as provided in subsection C, revoke or suspend the registration of a tow truck driver for:
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65+1. Conviction of any crime for which a person must register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 ( 9.1-900 et seq.) of Title 9.1 or in a substantially similar law of any other state, the United States, or any foreign jurisdiction;
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67+2. Conviction of a violent crime as defined in subsection C of 17.1-805; or
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69+3. Conviction of any crime involving the driving of a tow truck, including drug or alcohol offenses, but not traffic infraction convictions.
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71+C. Before suspending or revoking any registration, reasonable notice of such proposed action shall be given to the tow truck driver by the Department in accordance with the provisions of 2.2-4020 of the Administrative Process Act. In suspending or revoking the registration of a tow truck driver, the Department may assess the tow truck driver the cost of conducting the hearing unless the Department determines that the violation was inadvertent or done in a good faith belief that such act did not violate a statute. Any costs assessed by the Department shall be limited to (i) the reasonable hourly rate of the hearing officer and (ii) the actual cost of recording the hearing.
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73+ 46.2-118. Prohibited acts by tow truck drivers and towing and recovery operators.
74+
75+A. No tow truck driver shall:
76+
77+1. Use fraud or deceit in the offering or delivering of towing and recovery services;
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79+2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;
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81+3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;
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83+4. Obtain any fee by fraud or misrepresentation;
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85+5. Remove or tow a trespassing vehicle, as provided in 46.2-1231, or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth;
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87+6. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services; or
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89+7. Drive by the scene of a wrecked or disabled vehicle for which a law-enforcement tow has been initiated by a law-enforcement agency, initiate contact with the owner or operator of such vehicle by soliciting or offering towing services, and tow such vehicle.
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91+B. No towing and recovery operator shall:
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93+1. Use fraud or deceit in the offering or delivering of towing and recovery services;
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95+2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;
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97+3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;
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99+4. Neglect to maintain on record at the towing and recovery operator's principal office a list of all drivers employed by the towing and recovery operator;
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101+5. Obtain any fee by fraud or misrepresentation;
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103+6. Advertise services in any manner that deceives, misleads, or defrauds the public;
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105+7. Advertise or offer services under a name other than one's own name;
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107+8. Fail to accept for payment cash, insurance company check, certified check, money order, or at least one of two commonly used, nationally recognized credit cards, except those towing and recovery operators who have an annual gross income of less than $10,000 derived from the performance of towing and recovery services shall not be required to accept credit cards, other than when providing police-requested towing as defined in 46.2-1217, but shall be required to accept personal checks;
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109+9. Fail to display at the towing and recovery operator's principal office in a conspicuous place a listing of all towing, recovery, and processing fees for vehicles;
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111+10. Fail to have readily available at the towing and recovery operator's principal office, at the customer's request, the maximum fees normally charged by the towing and recovery operator for basic services for towing and initial hookup of vehicles;
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113+11. Knowingly (i) charge fees in violation of those set pursuant to 56-41.2, (ii) charge fees in excess of limits on storage fees, administration fees and additional fees for towing vehicles with a gross vehicle weight rating of more than 10,000 pounds established by the governing body of a locality by ordinance pursuant to 46.2-1232, or (ii) charge excessive fees for towing, storage, or administrative services or charge fees for services not rendered;
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115+12. Fail to maintain all towing records, which shall include itemized fees, for a period of one year from the date of service;
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117+13. Willfully invoice payment for any services not stipulated or otherwise incorporated in a contract for services rendered between the towing and recovery operator and any locality or political subdivision of the Commonwealth;
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119+14. Employ a driver required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 ( 9.1-900 et seq.) of Title 9.1;
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121+15. Remove or tow a trespassing vehicle, as provided in 46.2-1231, or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth;
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123+16. Refuse, at the towing and recovery operator's place of business, to make change, up to $100, for the owner of the vehicle towed without the owner's consent if the owner pays in cash for charges for towing and storage of the vehicle;
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125+17. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services;
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127+18. Fail to provide the owner of a stolen vehicle written notice of his right under law to be reimbursed for towing and storage of his vehicle out of the state treasury from the appropriation for criminal charges as required in 46.2-1209;
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129+19. Refuse to allow, consistent with the protections detailed in the provisions of subsection E of 46.2-644.01, the owner of the vehicle towed, upon proof of ownership of the vehicle, to access and recover any personal items without retrieving the vehicle and without paying any fee; or
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131+20. Require an individual who appears to retrieve a vehicle towed to provide to the towing and recovery operator, in addition to payment of fees, any document not otherwise required by law before releasing the vehicle to the individual.
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133+C. No tow truck driver as defined in 46.2-116 or towing and recovery operator as defined in 46.2-100 shall knowingly permit another person to occupy a motor vehicle as defined in 46.2-100 while such motor vehicle is being towed.
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135+D. No tow truck driver or towing and recovery operator as defined in 46.2-116 shall cause any other person to solicit or offer towing services in any manner, directly or indirectly, at the scene of any wrecked or disabled motor vehicle upon a highway, as defined in 46.2-100, when such wrecked or disabled motor vehicle reasonably necessitates removal by a tow truck. In addition to any penalty authorized pursuant to this title, any tow truck driver or towing and recovery operator violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor for the first offense and of a Class 2 misdemeanor for any subsequent offense.
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137+ 46.2-119. Complaints against tow truck drivers or towing and recovery operators; enforcement by the Office of the Attorney General.
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139+A. Any consumer aggrieved by the actions of a (i) tow truck driver for an alleged violation of subsection A of 46.2-118 or 46.2-1217, or 46.2-1231, or 46.2-1233.1 or for fees allegedly charged in violation of those set pursuant to 56-41.2 or (ii) towing and recovery operator for an alleged violation of subsection B of 46.2-118 or 46.2-1217, or 46.2-1231, or 46.2-1233.1 may file a complaint with the Division of Consumer Counsel of the Office of the Attorney General for appropriate action in accordance with this section and any other applicable law.
140+
141+B. The Attorney General may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth to enjoin any violation of 46.2-118, 46.2-1217, or 46.2-1231, or 46.2-1233.1. The circuit court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law. In any action under this section, it shall not be necessary that damages or intent be proved to establish a violation. The standard of proof at trial shall be a preponderance of the evidence. The circuit court may issue temporary or permanent injunctions to restrain and prevent violations of 46.2-118, 46.2-1217, or 46.2-1231, or 46.2-1233.1.
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143+C. In any action brought under this section, the Attorney General may recover damages and such other relief allowed by law, including restitution on behalf of consumers injured by violations of 46.2-118, 46.2-1217, or 46.2-1231, or 46.2-1233.1, as well as costs and reasonable expenses incurred by the Commonwealth in investigating and preparing the case, including attorney fees.
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145+ 46.2-1232. Localities may regulate removal or immobilization of trespassing vehicles.
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147+A. The governing body of any county, city, or town may by ordinance regulate the removal of trespassing vehicles from property by or at the direction of the owner, operator, lessee, or authorized agent in charge of the property. In the event that a vehicle is towed from one locality and stored in or released from a location in another locality, the local ordinance, if any, of the locality from which the vehicle was towed shall apply. The provisions of this section shall not authorize the governing body of any county, city, or town to establish fees for such removal, which shall be established as provided in 56-41.2, except that the governing body of any county, city, or town may by ordinance allow for and establish reasonable limits on storage fees, administration fees, and additional fees for towing vehicles with a gross vehicle weight rating of more than 10,000 pounds.
148+
149+B. No local ordinance adopted under authority of this section shall require that any towing and recovery business also operate as or provide services as a vehicle repair facility or body shop, filling station, or any business other than a towing and recovery business.
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151+C. Any such local ordinance may also require towing and recovery operators to (i) obtain and retain photographs or other documentary evidence substantiating the reason for the removal; (ii) post signs at their main place of business and at any other location where towed vehicles may be reclaimed conspicuously indicating (a) the maximum charges allowed by local ordinance, if any, for all their fees for towing, recovery, and storage services and (b) the name and business telephone number of the local official, if any, responsible for handling consumer complaints; (iii) obtain at the time the vehicle is towed, verbal approval of an agent designated in the local ordinance who is available at all times; and (iv) obtain, at the time the vehicle is towed, if such towing is performed during the normal business hours of the owner of the property from which the vehicle is being towed, the written authorization of the owner of the property from which the vehicle is towed or his agent. Such written authorization, if required, shall be in addition to any written contract between the towing and recovery operator and the owner of the property or his agent. Any such written contract governing a property located within Planning District 8 or Planning District 16 shall clearly state the terms on which towing and recovery operators may monitor private lots on behalf of property owners and any local ordinance created pursuant to this subsection may regulate the monitoring practices that may be used by such towing and recovery operators. For the purposes of this subsection, "agent" does not include any person who either (a) is related by blood or marriage to the towing and recovery operator or (b) has a financial interest in the towing and recovery operator's business.
152+
153+D. Any such ordinance adopted by a locality within Planning District 8 may require towing companies that tow vehicles from the county, city, or town adopting the ordinance to other localities, provided that the stored or released location is within the Commonwealth of Virginia and within 10 miles of the point of origin of the actual towing, (i) to obtain from the locality from which such vehicles are towed a permit to do so and (ii) to submit to an inspection of such towing company's facilities to ensure that the company meets all the locality's requirements, regardless of whether such facilities are located within the locality or elsewhere. The locality may impose and collect reasonable fees for the issuance and administration of permits as provided for in this subsection. Such ordinance may also provide grounds for revocation, suspension, or modification of any permit issued under this subsection, subject to notice to the permittee of the revocation, suspension, or modification and an opportunity for the permittee to have a hearing before the governing body of the locality or its designated agent to challenge the revocation, suspension, or modification. Any tow truck driver who removes or tows a vehicle, pursuant to any such ordinance, that is occupied by an unattended companion animal as defined in 3.2-6500 shall, upon such removal, immediately notify the animal control office of the locality in which the vehicle is being removed or towed. Nothing in this subsection shall be applicable to public safety towing.
154+
155+Nothing in this subsection shall restrict or modify the authority of a locality within Planning District 8 to require, by such ordinance, towing companies that tow and store or release vehicles within such county, city, or town to obtain from such locality a permit to do so.
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157+E. For purposes of this subsection:
158+
159+"Multifamily dwelling unit" means more than one single-family dwelling unit located in a building, including townhomes. "Multifamily dwelling unit" does not include any lot within a development created pursuant to the Property Owners' Association Act ( 55.1-1800 et seq.), any unit within a condominium created pursuant to the Virginia Condominium Act ( 55.1-1900 et seq.), any apartment within a horizontal property regime created pursuant to the Horizontal Property Act ( 55.1-2000 et seq.), any unit within a cooperative created pursuant to the Virginia Real Estate Cooperative Act ( 55.1-2100 et seq.), any time-share unit within a project created pursuant to the Virginia Real Estate Time-Share Act ( 55.1-2200 et seq.), or any lot within a subdivision created pursuant to the Subdivided Land Sales Act ( 55.1-2300 et seq.).
160+
161+"Resident's vehicle" means any vehicle that is (i) owned, leased, or used by a resident of a multifamily dwelling unit in which the parking lot is owned and maintained by the landlord; (ii) known to the landlord to be associated with such resident, by means of a permit, registry, or other document designated by the landlord for such identification purposes; and (iii) in compliance with any requirements set forth in such lease or other agreement regarding such vehicle.
162+
163+"Towing operator" means any individual or company that has contracted with a landlord for the provision of parking enforcement.
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165+Any such local ordinance shall include a provision that requires, for the towing of a resident's vehicle from a parking lot owned and maintained by the landlord of a multifamily dwelling unit, the towing operator for such parking lot, prior to the towing of such vehicle for an expired vehicle registration or expired vehicle inspection sticker, to post written notice on the vehicle, which shall include the date of posting of such notice, that such vehicle will be towed due to an expired registration or expired vehicle inspection sticker after 48 hours from the date of the posting of such notice and that such vehicle will not be removed or towed until such period of time has passed. The towing operator shall, in addition to posting such notice on the vehicle, transmit a copy of such notice to the landlord with which he contracts for parking enforcement of the multifamily dwelling unit's parking lot. If a towing operator fails to post such notice on the vehicle, or does not wait the required period of time prior to removing or requesting the towing of such vehicle, he shall be required to reimburse the resident whose vehicle was towed the value of the charges imposed for the towing, storage, and safekeeping of the vehicle and he shall also be subject to a civil penalty not to exceed $100.
166+
167+No towing operator shall remove such vehicle until the 48 hours have passed from the date of the posting of such notice.
168+
169+ 46.2-1233.2. Advisory board.
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171+Prior to adopting or amending any ordinance pursuant to 46.2-1232 or 46.2-1233, the local governing body shall appoint an advisory board to advise the governing body with regard to the appropriate provisions of the ordinance. Members of the advisory board shall only consist of an equal number of representatives of local law-enforcement agencies and representatives of licensed towing and recovery operators, and one member of the general public. Any such advisory board shall meet at least once per year at the call of the chairman of the advisory board, who shall be elected annually from among the members of the advisory board by a majority vote. The chairmanship of any such advisory board for any locality within Planning District 8 shall be for a term of one year and rotate annually between a representative of a local law-enforcement agency, a representative of a licensed towing and recovery operator, and one member of the general public.
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173+ 46.2-1233.3. Improper towing; penalty.
174+
175+A. This section shall apply only to tow truck drivers and towing and recovery operators removing a vehicle without the consent of its owner from a location in Planning District 8.
176+
177+B. In addition to any action brought pursuant to subsection B of 46.2-119, any tow truck driver who violates subsection A of 46.2-118 or 46.2-1217, or 46.2-1231, or 46.2-1233.1, or any ordinance adopted therefrom, or any ordinance adopted pursuant to 46.2-1233, or any towing or recovery operator who violates subsection B of 46.2-118 or 46.2-1217, or 46.2-1231, or 46.2-1233.1, or any ordinance adopted therefrom, or any ordinance adopted pursuant to 46.2-1233, is subject to a civil penalty of 10 times the total amount charged by such tow truck driver or towing and recovery operator for such removal, towing, and storage. Such penalty shall be collected by the Office of the Attorney General, and the proceeds shall be paid to the victim of such unlawful towing.
178+
179+ 56-41.2. Regulation of fees charged for the removal of vehicles.
180+
181+A. The Commission shall establish the hook-up and initial fees charged for the removal of motor vehicles, trailers, and parts thereof with a gross vehicle weight rating of less than 7,500 pounds left on private property in violation of 46.2-1231 and for the removal of trespassing vehicles under 46.2-1215, taking into consideration the fair market value of such removal. Such fees shall include additional fees for towing a vehicle between 7:00 p.m. and 8:00 a.m. or on any Saturday, Sunday, or holiday.
182+
183+B. The Commission shall establish fees as required by subsection A by July 1, 2025, and adjust such fees on July 1 of each year. Such adjustment shall be based solely on changes in the Transportation Consumer Price Index.
184+
185+ 59.1-200. (Effective until July 1, 2025) Prohibited practices.
186+
187+A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
188+
189+1. Misrepresenting goods or services as those of another;
190+
191+2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
192+
193+3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
194+
195+4. Misrepresenting geographic origin in connection with goods or services;
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197+5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
198+
199+6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
200+
201+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";
202+
203+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.
204+
205+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;
206+
207+9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
208+
209+10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
210+
211+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;
212+
213+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;
214+
215+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;
216+
217+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;
218+
219+14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
220+
221+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;
222+
223+16. Failing to disclose all conditions, charges, or fees relating to:
224+
225+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;
226+
227+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;
228+
229+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;
230+
231+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;
232+
233+18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
234+
235+19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
236+
237+20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
238+
239+21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
240+
241+22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
242+
243+23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
244+
245+24. Violating any provision of 54.1-1505;
246+
247+25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
248+
249+26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
250+
251+27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
252+
253+28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
254+
255+29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
256+
257+30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
258+
259+31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
260+
261+32. Violating any provision of 46.2-1231 and 46.2-1233.1;
262+
263+33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
264+
265+34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
266+
267+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;
268+
269+36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
270+
271+37. Violating any provision of 8.01-40.2;
272+
273+38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
274+
275+39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
276+
277+40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
278+
279+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;
280+
281+42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
282+
283+43. Violating any provision of 59.1-443.2;
284+
285+44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
286+
287+45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
288+
289+46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
290+
291+47. Violating any provision of 18.2-239;
292+
293+48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
294+
295+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";
296+
297+50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
298+
299+51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
300+
301+52. Violating any provision of 8.2-317.1;
302+
303+53. Violating subsection A of 9.1-149.1;
304+
305+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;
306+
307+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;
308+
309+56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
310+
311+57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
312+
313+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;
314+
315+59. Violating any provision of subsection E of 32.1-126;
316+
317+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;
318+
319+61. Violating any provision of 2.2-2001.5;
320+
321+62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
322+
323+63. Violating any provision of 6.2-312;
324+
325+64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
326+
327+65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
328+
329+66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
330+
331+67. Knowingly violating any provision of 8.01-27.5;
332+
333+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;
334+
335+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;
336+
337+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;
338+
339+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;
340+
341+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;
342+
343+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;
344+
345+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;
346+
347+75. Violating any provision of 59.1-466.8;
348+
349+76. Violating subsection F of 36-96.3:1;
350+
351+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;
352+
353+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;
354+
355+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;
356+
357+80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
358+
359+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
360+
361+82. Willfully violating any provision of 59.1-444.4.
362+
363+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.
364+
365+ 59.1-200. (Effective July 1, 2025) Prohibited practices.
366+
367+A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
368+
369+1. Misrepresenting goods or services as those of another;
370+
371+2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
372+
373+3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
374+
375+4. Misrepresenting geographic origin in connection with goods or services;
376+
377+5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
378+
379+6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
380+
381+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";
382+
383+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.
384+
385+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;
386+
387+9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
388+
389+10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
390+
391+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;
392+
393+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;
394+
395+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;
396+
397+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;
398+
399+14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
400+
401+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;
402+
403+16. Failing to disclose all conditions, charges, or fees relating to:
404+
405+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;
406+
407+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;
408+
409+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;
410+
411+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;
412+
413+18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
414+
415+19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
416+
417+20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
418+
419+21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
420+
421+22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
422+
423+23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
424+
425+24. Violating any provision of 54.1-1505;
426+
427+25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
428+
429+26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
430+
431+27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
432+
433+28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
434+
435+29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
436+
437+30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
438+
439+31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
440+
441+32. Violating any provision of 46.2-1231 and 46.2-1233.1;
442+
443+33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
444+
445+34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
446+
447+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;
448+
449+36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
450+
451+37. Violating any provision of 8.01-40.2;
452+
453+38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
454+
455+39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
456+
457+40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
458+
459+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;
460+
461+42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
462+
463+43. Violating any provision of 59.1-443.2;
464+
465+44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
466+
467+45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
468+
469+46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
470+
471+47. Violating any provision of 18.2-239;
472+
473+48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
474+
475+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";
476+
477+50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
478+
479+51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
480+
481+52. Violating any provision of 8.2-317.1;
482+
483+53. Violating subsection A of 9.1-149.1;
484+
485+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;
486+
487+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;
488+
489+56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
490+
491+57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
492+
493+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;
494+
495+59. Violating any provision of subsection E of 32.1-126;
496+
497+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;
498+
499+61. Violating any provision of 2.2-2001.5;
500+
501+62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
502+
503+63. Violating any provision of 6.2-312;
504+
505+64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
506+
507+65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
508+
509+66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
510+
511+67. Knowingly violating any provision of 8.01-27.5;
512+
513+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;
514+
515+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;
516+
517+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;
518+
519+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;
520+
521+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;
522+
523+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;
524+
525+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;
526+
527+75. Violating any provision of 59.1-466.8;
528+
529+76. Violating subsection F of 36-96.3:1;
530+
531+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;
532+
533+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;
534+
535+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;
536+
537+80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
538+
539+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);
540+
541+82. Willfully violating any provision of 59.1-444.4; and
542+
543+83. Violating any provision of Chapter 23.2 ( 59.1-293.10 et seq.).
544+
545+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.
546+
547+2. That 46.2-1233 and 46.2-1233.1 of the Code of Virginia are repealed.
548+
549+3. That, beginning November 30, 2030, and every five years thereafter, the State Corporation Commission shall submit a report to the General Assembly reviewing the process for adjusting towing rates as provided in 56-41.2 of the Code of Virginia, as created by this act. The report required pursuant to this enactment clause shall only be required if the General Assembly, in the year such report is due or the year prior to such report being due, appropriates funds specifically for the State Corporation Commission to conduct such review.