Virginia 2025 Regular Session

Virginia House Bill HB2294 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025 SESSION
2	2
3	3	INTRODUCED
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5	5	25102118D
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7	7	HOUSE BILL NO. 2294
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9	9	Offered January 8, 2025
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11	11	Prefiled January 8, 2025
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13	13	A BILL to amend and reenact 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 58, consisting of sections numbered 59.1-607 through 59.1-612, relating to Virginia Social Media Regulation Act established; penalties.
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17	17	PatronEarley
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21	21	Committee Referral Pending
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25	25	Be it enacted by the General Assembly of Virginia:
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27	27	1. That 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Title 59.1 a chapter numbered 58, consisting of sections numbered 59.1-607 through 59.1-612, as follows:
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29	29	59.1-200. (Effective until July 1, 2025) Prohibited practices.
30	30
31	31	A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
32	32
33	33	1. Misrepresenting goods or services as those of another;
34	34
35	35	2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
36	36
37	37	3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
38	38
39	39	4. Misrepresenting geographic origin in connection with goods or services;
40	40
41	41	5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
42	42
43	43	6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
44	44
45	45	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";
46	46
47	47	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.
48	48
49	49	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;
50	50
51	51	9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
52	52
53	53	10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
54	54
55	55	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;
56	56
57	57	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;
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59	59	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;
60	60
61	61	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;
62	62
63	63	14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
64	64
65	65	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;
66	66
67	67	16. Failing to disclose all conditions, charges, or fees relating to:
68	68
69	69	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;
70	70
71	71	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;
72	72
73	73	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;
74	74
75	75	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;
76	76
77	77	18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
78	78
79	79	19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
80	80
81	81	20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
82	82
83	83	21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
84	84
85	85	22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
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87	87	23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
88	88
89	89	24. Violating any provision of 54.1-1505;
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91	91	25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
92	92
93	93	26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
94	94
95	95	27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
96	96
97	97	28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
98	98
99	99	29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
100	100
101	101	30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
102	102
103	103	31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
104	104
105	105	32. Violating any provision of 46.2-1231 and 46.2-1233.1;
106	106
107	107	33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
108	108
109	109	34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
110	110
111	111	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;
112	112
113	113	36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
114	114
115	115	37. Violating any provision of 8.01-40.2;
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117	117	38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
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119	119	39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
120	120
121	121	40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
122	122
123	123	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;
124	124
125	125	42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
126	126
127	127	43. Violating any provision of 59.1-443.2;
128	128
129	129	44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
130	130
131	131	45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
132	132
133	133	46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
134	134
135	135	47. Violating any provision of 18.2-239;
136	136
137	137	48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
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139	139	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";
140	140
141	141	50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
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143	143	51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
144	144
145	145	52. Violating any provision of 8.2-317.1;
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147	147	53. Violating subsection A of 9.1-149.1;
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149	149	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;
150	150
151	151	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;
152	152
153	153	56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
154	154
155	155	57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
156	156
157	157	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;
158	158
159	159	59. Violating any provision of subsection E of 32.1-126;
160	160
161	161	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;
162	162
163	163	61. Violating any provision of 2.2-2001.5;
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165	165	62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
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167	167	63. Violating any provision of 6.2-312;
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169	169	64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
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171	171	65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
172	172
173	173	66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
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175	175	67. Knowingly violating any provision of 8.01-27.5;
176	176
177	177	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;
178	178
179	179	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;
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181	181	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;
182	182
183	183	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;
184	184
185	185	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;
186	186
187	187	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;
188	188
189	189	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;
190	190
191	191	75. Violating any provision of 59.1-466.8;
192	192
193	193	76. Violating subsection F of 36-96.3:1;
194	194
195	195	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;
196	196
197	197	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;
198	198
199	199	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;
200	200
201	201	80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
202	202
203	203	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
204	204
205	205	82. Willfully violating any provision of 59.1-444.4; and
206	206
207	207	83. Violating any provision of Chapter 58 ( 59.1-607 et seq.).
208	208
209	209	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.
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211	211	59.1-200. (Effective July 1, 2025) Prohibited practices.
212	212
213	213	A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
214	214
215	215	1. Misrepresenting goods or services as those of another;
216	216
217	217	2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
218	218
219	219	3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
220	220
221	221	4. Misrepresenting geographic origin in connection with goods or services;
222	222
223	223	5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
224	224
225	225	6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
226	226
227	227	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";
228	228
229	229	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.
230	230
231	231	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;
232	232
233	233	9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
234	234
235	235	10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
236	236
237	237	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;
238	238
239	239	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;
240	240
241	241	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;
242	242
243	243	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;
244	244
245	245	14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
246	246
247	247	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;
248	248
249	249	16. Failing to disclose all conditions, charges, or fees relating to:
250	250
251	251	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;
252	252
253	253	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;
254	254
255	255	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;
256	256
257	257	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;
258	258
259	259	18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
260	260
261	261	19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
262	262
263	263	20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
264	264
265	265	21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
266	266
267	267	22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
268	268
269	269	23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
270	270
271	271	24. Violating any provision of 54.1-1505;
272	272
273	273	25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
274	274
275	275	26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
276	276
277	277	27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
278	278
279	279	28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
280	280
281	281	29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
282	282
283	283	30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
284	284
285	285	31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
286	286
287	287	32. Violating any provision of 46.2-1231 and 46.2-1233.1;
288	288
289	289	33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
290	290
291	291	34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
292	292
293	293	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;
294	294
295	295	36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
296	296
297	297	37. Violating any provision of 8.01-40.2;
298	298
299	299	38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
300	300
301	301	39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
302	302
303	303	40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
304	304
305	305	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;
306	306
307	307	42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
308	308
309	309	43. Violating any provision of 59.1-443.2;
310	310
311	311	44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
312	312
313	313	45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
314	314
315	315	46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
316	316
317	317	47. Violating any provision of 18.2-239;
318	318
319	319	48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
320	320
321	321	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";
322	322
323	323	50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
324	324
325	325	51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
326	326
327	327	52. Violating any provision of 8.2-317.1;
328	328
329	329	53. Violating subsection A of 9.1-149.1;
330	330
331	331	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;
332	332
333	333	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;
334	334
335	335	56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
336	336
337	337	57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
338	338
339	339	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;
340	340
341	341	59. Violating any provision of subsection E of 32.1-126;
342	342
343	343	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;
344	344
345	345	61. Violating any provision of 2.2-2001.5;
346	346
347	347	62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
348	348
349	349	63. Violating any provision of 6.2-312;
350	350
351	351	64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
352	352
353	353	65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
354	354
355	355	66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
356	356
357	357	67. Knowingly violating any provision of 8.01-27.5;
358	358
359	359	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;
360	360
361	361	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;
362	362
363	363	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;
364	364
365	365	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;
366	366
367	367	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;
368	368
369	369	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;
370	370
371	371	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;
372	372
373	373	75. Violating any provision of 59.1-466.8;
374	374
375	375	76. Violating subsection F of 36-96.3:1;
376	376
377	377	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;
378	378
379	379	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;
380	380
381	381	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;
382	382
383	383	80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
384	384
385	385	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);
386	386
387	387	82. Willfully violating any provision of 59.1-444.4; and
388	388
389	389	83. Violating any provision of Chapter 23.2 ( 59.1-293.10 et seq.); and
390	390
391	391	84. Violating any provision of Chapter 58 ( 59.1-607 et seq.).
392	392
393	393	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.
394	394
395	395	CHAPTER 58.
396	396
397	397	VIRGINIA SOCIAL MEDIA REGULATION ACT.
398	398
399	399	59.1-607. Definitions.
400	400
401	401	As used in this chapter, unless the context requires a different meaning:
402	402
403	403	"Account holder" means a Virginia resident who has, or opens, an account or profile to use a social media company's platform.
404	404
405	405	"Addiction" means use of a social media platform that (i) indicates the user's substantial preoccupation or obsession with, or the user's substantial difficulty to cease or reduce use of, the social media platform and (ii) causes physical, mental, emotional, developmental, or material harms to the user.
406	406
407	407	"Interactive computer service" means an information service, information system, or information access software provider that provides or enables computer access by multiple users to a computer server and provides access to the Internet. "Interactive computer service" includes a web service, web system, website, web application, and web portal.
408	408
409	409	"Minor" means a Virginia resident who is younger than 18 years of age, is not an emancipated minor, and is not or has not been married.
410	410
411	411	"Post" means content that an account holder makes available on a social media platform for other account holders or users to view.
412	412
413	413	"Social media company" means an interactive computer service provider of a social media platform that has at least five million account holders worldwide.
414	414
415	415	"Social media platform" means a website, online service, or online or mobile application developed by a social media company that (i) permits a person to become a registered user, establish an account, or create a profile for the purpose of allowing users to create, share, or view user-generated content through the account holder's registration, account, or profile; (ii) enables an account holder to generate content that other users of the medium can view; and (iii) primarily serves as a medium for users to interact with content generated by other users of the medium.
416	416
417	417	"User" means an individual who has access to view all or some of the posts on a social media platform, but who is not an account holder.
418	418
419	419	"Virginia resident" means an individual who currently resides in Virginia.
420	420
421	421	59.1-608. Age requirements for use of social media platform; parental consent.
422	422
423	423	A. No social media company shall permit a minor to be an account holder on such social media company's social media platform unless the minor has the express consent of a parent or guardian. Notwithstanding any provision of this chapter, no social media company shall permit a minor to hold or open an account on a social media platform if the minor is ineligible to hold or open an account under any other provision of state or federal law.
424	424
425	425	B. A social media company shall verify the age of any Virginia resident account holder. If an account holder is a minor, the social media company shall confirm that such minor has received parental consent pursuant to subsection A at the time such user opens a new account or, for an account holder who has not yet verified his age pursuant to this section, within 14 calendar days of such account holder's attempt to access the account. If an account holder fails to meet the verification requirements of this section within the required time period, the social media company shall deny access to the account upon the expiration of the time period and until all verification requirements are met.
426	426
427	427	59.1-609. Prohibitions on data collection and advertising; use of information.
428	428
429	429	With respect to any social media platform account held by a minor account holder, a social media company:
430	430
431	431	1. Shall prohibit direct messaging between the minor and any other user that is not linked to the minor's account through friending;
432	432
433	433	2. May not show the account in search results for any user that is not linked to the minor's account through friending;
434	434
435	435	3. Shall prohibit the display of any advertising to the minor account holder;
436	436
437	437	4. Shall not collect or use any personal information from any posts, content, messages, text, or usage activities of the minor's account other than information that is necessary to comply with, and to verify compliance with, state or federal law, including the name of the minor's parent or guardian, the minor's birthday, and any other information required to be submitted under this chapter; and
438	438
439	439	5. Shall prohibit the display of targeted or suggested groups, services, products, posts, accounts, or users to the minor's account.
440	440
441	441	59.1-610. Limitations on use of social media accounts by minors; parental access.
442	442
443	443	A. A social media company shall provide a minor's parent or guardian with a password or other means for the parent or guardian to access the minor's account, which shall allow the parent or guardian to view (i) all posts the minor account holder makes under the social media platform account and (ii) all responses and messages sent to or by the minor account holder on the social media platform account.
444	444
445	445	B. A social media company shall prohibit a minor account holder from having access to the minor account holder's account during the hours of 10:30 p.m. to 6:30 a.m., unless the access is modified by the minor's parent or guardian. A social media company shall calculate the time of day for purposes of this section based on the Internet Protocol address being used by the minor account holder at the time such account holder attempts to access the account. A social media company shall provide options for a parent or guardian with access to a minor's account to (i) change or eliminate the time-of-day restriction described in this subsection and (ii) set a limit on the number of hours per day that a minor account holder may use the account.
446	446
447	447	C. No social media company shall permit a minor account holder to change or bypass restrictions on access as required by this section.
448	448
449	449	D. Notwithstanding any provision of this section, a social media company shall permit a parent or guardian with access to a minor's account to access the minor's account with no time-of-day restrictions.
450	450
451	451	59.1-611. Social media platform design; civil penalty.
452	452
453	453	A. No social media company shall use any practice, design, or feature on such company's social media platform that the social media company knows, or which by the exercise of reasonable care should know, could cause a minor account holder to have an addiction to the social media platform. In addition to any other penalty provided by law, a social media company shall be subject to (i) a civil penalty of $250,000 for each practice, design, or feature shown to have caused addiction and (ii) a civil penalty of up to $2,500 for each minor account holder who is shown to have been exposed to any such practice, design, or feature found to have caused addiction.
454	454
455	455	B. No social media company shall be subject to a civil penalty for violating this section if the social media company, as an affirmative defense, demonstrates that the social media company (i) instituted and maintained a program of at least quarterly audits of the social media company's practices, designs, and features to detect practices, designs, or features that have the potential to cause or contribute to the addiction of a minor account holder or user and (ii) corrected, within 30 days of the completion of an audit, any practice, design, or feature discovered by the audit to present more than a de minimus risk of violating this section.
456	456
457	457	C. Nothing in this section shall be construed to impose liability on a social media company for any of the following:
458	458
459	459	1. Content that is generated by an account holder, or uploaded to or shared on a social media platform by an account holder, that may be encountered by another account holder;
460	460
461	461	2. Passively displaying content that is created entirely by a third party;
462	462
463	463	3. Information or content for which the social media company was not, in whole or in part, responsible for creating or developing; or
464	464
465	465	4. Any conduct by a social media company involving a minor account holder who would otherwise be protected by federal or state law.
466	466
467	467	D. Civil penalties assessed pursuant to this section shall be paid to the Literary Fund.
468	468
469	469	59.1-612. Enforcement; penalties.
470	470
471	471	Any violation of this chapter shall constitute a prohibited practice under the provisions of 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act ( 59.1-196 et seq.).