Virginia 2025 Regular Session

Virginia House Bill HB2515 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		2025 SESSION
2	2
3		-	~~HOUSE SUBSTITUTE~~
	3	+	ENROLLED
4	4
5		-	~~25108328D~~
	5	+	VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
6	6
7		-	~~HOUSE BILL NO~~. ~~2515~~
	7	+	An Act to amend and reenact 59.1-200, as it is currently effective and as it shall become effective, 59.1-586, and 59.1-587 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 59.1-610, relating to Virginia Consumer Protection Act; prohibited practices; mandatory fees or surcharges disclosure.
8	8
9		-	~~AMENDMENT IN THE NATURE OF A SUBSTITUTE~~
	9	+	[H 2515]
10	10
11		-	(Proposed by the Governor
12		-
13		-	on March 24, 2025)
14		-
15		-	(Patron Prior to SubstituteDelegate McClure)
16		-
17		-	A BILL to amend and reenact 59.1-200, as it is currently effective and as it shall become effective, 59.1-586, and 59.1-587 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 59.1-610, relating to Virginia Consumer Protection Act; prohibited practices; mandatory fees or surcharges disclosure.
	11	+	Approved
18	12
19	13		Be it enacted by the General Assembly of Virginia:
20	14
21	15		1. That 59.1-200, as it is currently effective and as it shall become effective, 59.1-586, and 59.1-587 of the Code of Virginia are 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 59.1-610, as follows:
22	16
23	17		59.1-200. (Effective until July 1, 2025) Prohibited practices.
24	18
25	19		A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
26	20
27	21		1. Misrepresenting goods or services as those of another;
28	22
29	23		2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
30	24
31	25		3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
32	26
33	27		4. Misrepresenting geographic origin in connection with goods or services;
34	28
35	29		5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
36	30
37	31		6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
38	32
39	33		7. Advertising or offering for sale goods that are used, secondhand, repossessed, defective, blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects, or "not first class";
40	34
41	35		8. Advertising goods or services with intent not to sell them as advertised, or with intent not to sell at the price or upon the terms advertised.
42	36
43	37		In any action brought under this subdivision, the refusal by any person, or any employee, agent, or servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms advertised or offered, shall be prima facie evidence of a violation of this subdivision. This paragraph shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;
44	38
45	39		9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
46	40
47	41		10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
48	42
49	43		11. Misrepresenting by the use of any written or documentary material that appears to be an invoice or bill for merchandise or services previously ordered;
50	44
51	45		12. Notwithstanding any other provision of law, using in any manner the words "wholesale," "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature of the supplier's business, unless the supplier is actually engaged primarily in selling at wholesale or in manufacturing the goods or services advertised or offered for sale;
52	46
53	47		13. Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or penalties that are void or unenforceable under any otherwise applicable laws of the Commonwealth, or under federal statutes or regulations;
54	48
55	49		13a. Failing to provide to a consumer, or failing to use or include in any written document or material provided to or executed by a consumer, in connection with a consumer transaction any statement, disclosure, notice, or other information however characterized when the supplier is required by 16 C.F.R. Part 433 to so provide, use, or include the statement, disclosure, notice, or other information in connection with the consumer transaction;
56	50
57	51		14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
58	52
59	53		15. Violating any provision of 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6516, or 3.2-6519 is a violation of this chapter;
60	54
61	55		16. Failing to disclose all conditions, charges, or fees relating to:
62	56
63	57		a. The return of goods for refund, exchange, or credit. Such disclosure shall be by means of a sign attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the person obtaining the goods from the supplier. If the supplier does not permit a refund, exchange, or credit for return, he shall so state on a similar sign. The provisions of this subdivision shall not apply to any retail merchant who has a policy of providing, for a period of not less than 20 days after date of purchase, a cash refund or credit to the purchaser's credit card account for the return of defective, unused, or undamaged merchandise upon presentation of proof of purchase. In the case of merchandise paid for by check, the purchase shall be treated as a cash purchase and any refund may be delayed for a period of 10 banking days to allow for the check to clear. This subdivision does not apply to sale merchandise that is obviously distressed, out of date, post season, or otherwise reduced for clearance; nor does this subdivision apply to special order purchases where the purchaser has requested the supplier to order merchandise of a specific or unusual size, color, or brand not ordinarily carried in the store or the store's catalog; nor shall this subdivision apply in connection with a transaction for the sale or lease of motor vehicles, farm tractors, or motorcycles as defined in 46.2-100;
64	58
65	59		b. A layaway agreement. Such disclosure shall be furnished to the consumer (i) in writing at the time of the layaway agreement, or (ii) by means of a sign placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the consumer, or (iii) on the bill of sale. Disclosure shall include the conditions, charges, or fees in the event that a consumer breaches the agreement;
66	60
67	61		16a. Failing to provide written notice to a consumer of an existing open-end credit balance in excess of $5 (i) on an account maintained by the supplier and (ii) resulting from such consumer's overpayment on such account. Suppliers shall give consumers written notice of such credit balances within 60 days of receiving overpayments. If the credit balance information is incorporated into statements of account furnished consumers by suppliers within such 60-day period, no separate or additional notice is required;
68	62
69	63		17. If a supplier enters into a written agreement with a consumer to resolve a dispute that arises in connection with a consumer transaction, failing to adhere to the terms and conditions of such an agreement;
70	64
71	65		18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
72	66
73	67		19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
74	68
75	69		20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
76	70
77	71		21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
78	72
79	73		22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
80	74
81	75		23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
82	76
83	77		24. Violating any provision of 54.1-1505;
84	78
85	79		25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
86	80
87	81		26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
88	82
89	83		27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
90	84
91	85		28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
92	86
93	87		29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
94	88
95	89		30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
96	90
97	91		31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
98	92
99	93		32. Violating any provision of 46.2-1231 and 46.2-1233.1;
100	94
101	95		33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
102	96
103	97		34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
104	98
105	99		35. Using the consumer's social security number as the consumer's account number with the supplier, if the consumer has requested in writing that the supplier use an alternate number not associated with the consumer's social security number;
106	100
107	101		36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
108	102
109	103		37. Violating any provision of 8.01-40.2;
110	104
111	105		38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
112	106
113	107		39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
114	108
115	109		40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
116	110
117	111		41. Violating any provision of the Virginia Post-Disaster Anti-Price Gouging Act, Chapter 46 ( 59.1-525 et seq.). For the purposes of this subdivision, "consumer transaction" has the same meaning as provided in 59.1-526;
118	112
119	113		42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
120	114
121	115		43. Violating any provision of 59.1-443.2;
122	116
123	117		44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
124	118
125	119		45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
126	120
127	121		46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
128	122
129	123		47. Violating any provision of 18.2-239;
130	124
131	125		48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
132	126
133	127		49. Selling, offering for sale, or manufacturing for sale a children's product the supplier knows or has reason to know was recalled by the U.S. Consumer Product Safety Commission. There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of the recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S. Consumer Product Safety Commission. This prohibition does not apply to children's products that are used, secondhand or "seconds";
134	128
135	129		50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
136	130
137	131		51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
138	132
139	133		52. Violating any provision of 8.2-317.1;
140	134
141	135		53. Violating subsection A of 9.1-149.1;
142	136
143	137		54. Selling, offering for sale, or using in the construction, remodeling, or repair of any residential dwelling in the Commonwealth, any drywall that the supplier knows or has reason to know is defective drywall. This subdivision shall not apply to the sale or offering for sale of any building or structure in which defective drywall has been permanently installed or affixed;
144	138
145	139		55. Engaging in fraudulent or improper or dishonest conduct as defined in 54.1-1118 while engaged in a transaction that was initiated (i) during a declared state of emergency as defined in 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to Chapter 11 ( 54.1-1100 et seq.) of Title 54.1;
146	140
147	141		56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
148	142
149	143		57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
150	144
151	145		58. Violating any provision of Chapter 17.8 ( 59.1-207.45 et seq.). For the purposes of this subdivision, "consumer transaction" also includes transactions involving an automatic renewal or continuous service offer by a supplier to a small business, as those terms are defined in 59.1-207.45;
152	146
153	147		59. Violating any provision of subsection E of 32.1-126;
154	148
155	149		60. Violating any provision of 54.1-111 relating to the unlicensed practice of a profession licensed under Chapter 11 ( 54.1-1100 et seq.) or Chapter 21 ( 54.1-2100 et seq.) of Title 54.1;
156	150
157	151		61. Violating any provision of 2.2-2001.5;
158	152
159	153		62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
160	154
161	155		63. Violating any provision of 6.2-312;
162	156
163	157		64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
164	158
165	159		65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
166	160
167	161		66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
168	162
169	163		67. Knowingly violating any provision of 8.01-27.5;
170	164
171	165		68. Failing to, in accordance with 59.1-207.46, (i) make available a conspicuous online option to cancel a recurring purchase of a good or service or (ii) with respect to a free trial lasting more than 30 days, notify a consumer of his option to cancel such free trial within 30 days of the end of the trial period to avoid an obligation to pay for the goods or services;
172	166
173	167		69. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of tetrahydrocannabinol. As used in this subdivision, "synthetic derivative" means a chemical compound produced by man through a chemical transformation to turn a compound into a different compound by adding or subtracting molecules to or from the original compound. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
174	168
175	169		70. Selling or offering for sale to a person younger than 21 years of age any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
176	170
177	171		71. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in 4.1-600; (ii) equipped with a label that states, in English and in a font no less than 1/16 of an inch, (a) that the substance contains tetrahydrocannabinol and may not be sold to persons younger than 21 years of age, (b) all ingredients contained in the substance, (c) the amount of such substance that constitutes a single serving, and (d) the total percentage and milligrams of tetrahydrocannabinol included in the substance and the number of milligrams of tetrahydrocannabinol that are contained in each serving; and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
178	172
179	173		72. Manufacturing, offering for sale at retail, or selling at retail an industrial hemp extract, as defined in 3.2-5145.1, a food containing an industrial hemp extract, or a substance containing tetrahydrocannabinol that depicts or is in the shape of a human, animal, vehicle, or fruit;
180	174
181	175		73. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol and, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear the trademark, trade name, famous mark as defined in 15 U.S.C. 1125, or other identifying mark, imprint, or device, or any likeness thereof, of a manufacturer, processor, packer, or distributor of a product intended for human consumption other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such substance;
182	176
183	177		74. Selling or offering for sale a topical hemp product, as defined in 3.2-4112, that does not include a label stating that the product is not intended for human consumption. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.), (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1, or (iii) apply to topical hemp products that were manufactured prior to July 1, 2023, provided that the person provides documentation of the date of manufacture if requested;
184	178
185	179		75. Violating any provision of 59.1-466.8;
186	180
187	181		76. Violating subsection F of 36-96.3:1;
188	182
189	183		77. Selling or offering for sale (i) any kratom product to a person younger than 21 years of age or (ii) any kratom product that does not include a label listing all ingredients and with the following guidance: "This product may be harmful to your health, has not been evaluated by the FDA, and is not intended to diagnose, treat, cure, or prevent any disease." As used in this subdivision, "kratom" means any part of the leaf of the plant Mitragyna speciosa or any extract thereof;
190	184
191	185		78. Advertising of any ignition interlock system in Virginia by an ignition interlock vendor not approved by the Commission on the Virginia Alcohol Safety Action Program to operate in Virginia; targeted advertising of any ignition interlock system to a person before determination of guilt; and any advertising, whether before or after determination of guilt, without a conspicuous statement that such advertisement is not affiliated with any government agency. For purposes of this subdivision, "ignition interlock system" has the same meaning as ascribed to that term in 18.2-270.1 and "targeted advertising" has the same meaning ascribed to that term in 59.1-575 and includes direct mailings to an individual. This provision shall not apply to ignition interlock service vendor ads, pamphlets, or kiosk advertisements approved by the Commission on the Virginia Alcohol Safety Action Program and provided at a Commission-approved location;
192	186
193	187		79. Failing to disclose the total cost of a good or continuous service, as defined in 59.1-207.45, to a consumer, including any mandatory fees or charges, prior to entering into an agreement for the sale of any such good or provision of any such continuous service;
194	188
195	189		80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
196	190
197	191		81. Selling or offering for sale services as a professional mold remediator to be performed upon any residential dwelling without holding a mold remediation certification from the Institute of Inspection, Cleaning and Restoration Certification (IICRC); and
198	192
199	193		82. Willfully violating any provision of 59.1-444.4; and
200	194
201	195		83. Violating any provision of Chapter 58 ( 59.1-607 et seq.).
202	196
203	197		B. Nothing in this section shall be construed to invalidate or make unenforceable any contract or lease solely by reason of the failure of such contract or lease to comply with any other law of the Commonwealth or any federal statute or regulation, to the extent such other law, statute, or regulation provides that a violation of such law, statute, or regulation shall not invalidate or make unenforceable such contract or lease.
204	198
205	199		59.1-200. (Effective July 1, 2025) Prohibited practices.
206	200
207	201		A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
208	202
209	203		1. Misrepresenting goods or services as those of another;
210	204
211	205		2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
212	206
213	207		3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
214	208
215	209		4. Misrepresenting geographic origin in connection with goods or services;
216	210
217	211		5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
218	212
219	213		6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
220	214
221	215		7. Advertising or offering for sale goods that are used, secondhand, repossessed, defective, blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects, or "not first class";
222	216
223	217		8. Advertising goods or services with intent not to sell them as advertised, or with intent not to sell at the price or upon the terms advertised.
224	218
225	219		In any action brought under this subdivision, the refusal by any person, or any employee, agent, or servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms advertised or offered, shall be prima facie evidence of a violation of this subdivision. This paragraph shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;
226	220
227	221		9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
228	222
229	223		10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
230	224
231	225		11. Misrepresenting by the use of any written or documentary material that appears to be an invoice or bill for merchandise or services previously ordered;
232	226
233	227		12. Notwithstanding any other provision of law, using in any manner the words "wholesale," "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature of the supplier's business, unless the supplier is actually engaged primarily in selling at wholesale or in manufacturing the goods or services advertised or offered for sale;
234	228
235	229		13. Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or penalties that are void or unenforceable under any otherwise applicable laws of the Commonwealth, or under federal statutes or regulations;
236	230
237	231		13a. Failing to provide to a consumer, or failing to use or include in any written document or material provided to or executed by a consumer, in connection with a consumer transaction any statement, disclosure, notice, or other information however characterized when the supplier is required by 16 C.F.R. Part 433 to so provide, use, or include the statement, disclosure, notice, or other information in connection with the consumer transaction;
238	232
239	233		14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
240	234
241	235		15. Violating any provision of 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6516, or 3.2-6519 is a violation of this chapter;
242	236
243	237		16. Failing to disclose all conditions, charges, or fees relating to:
244	238
245	239		a. The return of goods for refund, exchange, or credit. Such disclosure shall be by means of a sign attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the person obtaining the goods from the supplier. If the supplier does not permit a refund, exchange, or credit for return, he shall so state on a similar sign. The provisions of this subdivision shall not apply to any retail merchant who has a policy of providing, for a period of not less than 20 days after date of purchase, a cash refund or credit to the purchaser's credit card account for the return of defective, unused, or undamaged merchandise upon presentation of proof of purchase. In the case of merchandise paid for by check, the purchase shall be treated as a cash purchase and any refund may be delayed for a period of 10 banking days to allow for the check to clear. This subdivision does not apply to sale merchandise that is obviously distressed, out of date, post season, or otherwise reduced for clearance; nor does this subdivision apply to special order purchases where the purchaser has requested the supplier to order merchandise of a specific or unusual size, color, or brand not ordinarily carried in the store or the store's catalog; nor shall this subdivision apply in connection with a transaction for the sale or lease of motor vehicles, farm tractors, or motorcycles as defined in 46.2-100;
246	240
247	241		b. A layaway agreement. Such disclosure shall be furnished to the consumer (i) in writing at the time of the layaway agreement, or (ii) by means of a sign placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the consumer, or (iii) on the bill of sale. Disclosure shall include the conditions, charges, or fees in the event that a consumer breaches the agreement;
248	242
249	243		16a. Failing to provide written notice to a consumer of an existing open-end credit balance in excess of $5 (i) on an account maintained by the supplier and (ii) resulting from such consumer's overpayment on such account. Suppliers shall give consumers written notice of such credit balances within 60 days of receiving overpayments. If the credit balance information is incorporated into statements of account furnished consumers by suppliers within such 60-day period, no separate or additional notice is required;
250	244
251	245		17. If a supplier enters into a written agreement with a consumer to resolve a dispute that arises in connection with a consumer transaction, failing to adhere to the terms and conditions of such an agreement;
252	246
253	247		18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
254	248
255	249		19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
256	250
257	251		20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
258	252
259	253		21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
260	254
261	255		22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
262	256
263	257		23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
264	258
265	259		24. Violating any provision of 54.1-1505;
266	260
267	261		25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
268	262
269	263		26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
270	264
271	265		27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
272	266
273	267		28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
274	268
275	269		29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
276	270
277	271		30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
278	272
279	273		31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
280	274
281	275		32. Violating any provision of 46.2-1231 and 46.2-1233.1;
282	276
283	277		33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
284	278
285	279		34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
286	280
287	281		35. Using the consumer's social security number as the consumer's account number with the supplier, if the consumer has requested in writing that the supplier use an alternate number not associated with the consumer's social security number;
288	282
289	283		36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
290	284
291	285		37. Violating any provision of 8.01-40.2;
292	286
293	287		38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
294	288
295	289		39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
296	290
297	291		40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
298	292
299	293		41. Violating any provision of the Virginia Post-Disaster Anti-Price Gouging Act, Chapter 46 ( 59.1-525 et seq.). For the purposes of this subdivision, "consumer transaction" has the same meaning as provided in 59.1-526;
300	294
301	295		42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
302	296
303	297		43. Violating any provision of 59.1-443.2;
304	298
305	299		44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
306	300
307	301		45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
308	302
309	303		46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
310	304
311	305		47. Violating any provision of 18.2-239;
312	306
313	307		48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
314	308
315	309		49. Selling, offering for sale, or manufacturing for sale a children's product the supplier knows or has reason to know was recalled by the U.S. Consumer Product Safety Commission. There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of the recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S. Consumer Product Safety Commission. This prohibition does not apply to children's products that are used, secondhand or "seconds";
316	310
317	311		50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
318	312
319	313		51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
320	314
321	315		52. Violating any provision of 8.2-317.1;
322	316
323	317		53. Violating subsection A of 9.1-149.1;
324	318
325	319		54. Selling, offering for sale, or using in the construction, remodeling, or repair of any residential dwelling in the Commonwealth, any drywall that the supplier knows or has reason to know is defective drywall. This subdivision shall not apply to the sale or offering for sale of any building or structure in which defective drywall has been permanently installed or affixed;
326	320
327	321		55. Engaging in fraudulent or improper or dishonest conduct as defined in 54.1-1118 while engaged in a transaction that was initiated (i) during a declared state of emergency as defined in 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to Chapter 11 ( 54.1-1100 et seq.) of Title 54.1;
328	322
329	323		56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
330	324
331	325		57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
332	326
333	327		58. Violating any provision of Chapter 17.8 ( 59.1-207.45 et seq.). For the purposes of this subdivision, "consumer transaction" also includes transactions involving an automatic renewal or continuous service offer by a supplier to a small business, as those terms are defined in 59.1-207.45;
334	328
335	329		59. Violating any provision of subsection E of 32.1-126;
336	330
337	331		60. Violating any provision of 54.1-111 relating to the unlicensed practice of a profession licensed under Chapter 11 ( 54.1-1100 et seq.) or Chapter 21 ( 54.1-2100 et seq.) of Title 54.1;
338	332
339	333		61. Violating any provision of 2.2-2001.5;
340	334
341	335		62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
342	336
343	337		63. Violating any provision of 6.2-312;
344	338
345	339		64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
346	340
347	341		65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
348	342
349	343		66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
350	344
351	345		67. Knowingly violating any provision of 8.01-27.5;
352	346
353	347		68. Failing to, in accordance with 59.1-207.46, (i) make available a conspicuous online option to cancel a recurring purchase of a good or service or (ii) with respect to a free trial lasting more than 30 days, notify a consumer of his option to cancel such free trial within 30 days of the end of the trial period to avoid an obligation to pay for the goods or services;
354	348
355	349		69. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of tetrahydrocannabinol. As used in this subdivision, "synthetic derivative" means a chemical compound produced by man through a chemical transformation to turn a compound into a different compound by adding or subtracting molecules to or from the original compound. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
356	350
357	351		70. Selling or offering for sale to a person younger than 21 years of age any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
358	352
359	353		71. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in 4.1-600; (ii) equipped with a label that states, in English and in a font no less than 1/16 of an inch, (a) that the substance contains tetrahydrocannabinol and may not be sold to persons younger than 21 years of age, (b) all ingredients contained in the substance, (c) the amount of such substance that constitutes a single serving, and (d) the total percentage and milligrams of tetrahydrocannabinol included in the substance and the number of milligrams of tetrahydrocannabinol that are contained in each serving; and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
360	354
361	355		72. Manufacturing, offering for sale at retail, or selling at retail an industrial hemp extract, as defined in 3.2-5145.1, a food containing an industrial hemp extract, or a substance containing tetrahydrocannabinol that depicts or is in the shape of a human, animal, vehicle, or fruit;
362	356
363	357		73. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol and, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear the trademark, trade name, famous mark as defined in 15 U.S.C. 1125, or other identifying mark, imprint, or device, or any likeness thereof, of a manufacturer, processor, packer, or distributor of a product intended for human consumption other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such substance;
364	358
365	359		74. Selling or offering for sale a topical hemp product, as defined in 3.2-4112, that does not include a label stating that the product is not intended for human consumption. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.), (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1, or (iii) apply to topical hemp products that were manufactured prior to July 1, 2023, provided that the person provides documentation of the date of manufacture if requested;
366	360
367	361		75. Violating any provision of 59.1-466.8;
368	362
369	363		76. Violating subsection F of 36-96.3:1;
370	364
371	365		77. Selling or offering for sale (i) any kratom product to a person younger than 21 years of age or (ii) any kratom product that does not include a label listing all ingredients and with the following guidance: "This product may be harmful to your health, has not been evaluated by the FDA, and is not intended to diagnose, treat, cure, or prevent any disease." As used in this subdivision, "kratom" means any part of the leaf of the plant Mitragyna speciosa or any extract thereof;
372	366
373	367		78. Advertising of any ignition interlock system in Virginia by an ignition interlock vendor not approved by the Commission on the Virginia Alcohol Safety Action Program to operate in Virginia; targeted advertising of any ignition interlock system to a person before determination of guilt; and any advertising, whether before or after determination of guilt, without a conspicuous statement that such advertisement is not affiliated with any government agency. For purposes of this subdivision, "ignition interlock system" has the same meaning as ascribed to that term in 18.2-270.1 and "targeted advertising" has the same meaning ascribed to that term in 59.1-575 and includes direct mailings to an individual. This provision shall not apply to ignition interlock service vendor ads, pamphlets, or kiosk advertisements approved by the Commission on the Virginia Alcohol Safety Action Program and provided at a Commission-approved location;
374	368
375	369		79. Failing to disclose the total cost of a good or continuous service, as defined in 59.1-207.45, to a consumer, including any mandatory fees or charges, prior to entering into an agreement for the sale of any such good or provision of any such continuous service;
376	370
377	371		80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
378	372
379	373		81. Selling or offering for sale services as a professional mold remediator to be performed upon any residential dwelling without holding a mold remediation certification from the Institute of Inspection, Cleaning and Restoration Certification (IICRC);
380	374
381	375		82. Willfully violating any provision of 59.1-444.4; and
382	376
383	377		83. Violating any provision of Chapter 23.2 ( 59.1-293.10 et seq.); and
384	378
385	379		84. Violating any provision of Chapter 58 ( 59.1-607 et seq.).
386	380
387	381		B. Nothing in this section shall be construed to invalidate or make unenforceable any contract or lease solely by reason of the failure of such contract or lease to comply with any other law of the Commonwealth or any federal statute or regulation, to the extent such other law, statute, or regulation provides that a violation of such law, statute, or regulation shall not invalidate or make unenforceable such contract or lease.
388	382
389	383		59.1-586. Definitions.
390	384
391	385		As used in this chapter, unless the context requires a different meaning:
392	386
393	387		"Additional fee or percentage" has the same meaning as "mandatory fees or surcharges" in 59.1-607.
394	388
395	389		"Clear and conspicuous" has the same meaning as provided in 59.1-607.
396	390
397	391		"Food delivery platform" means a person that operates a mobile application or other online service to act as an intermediary between consumers and multiple restaurants to submit food orders on behalf of a consumer to a participating restaurant and to arrange for the delivery of the order from the restaurant to the consumer.
398	392
399	393		"Restaurant" has the same meaning as provided in 35.1-1 and excludes establishments listed in 35.1-25.
400	394
401	395		59.1-587. Food delivery platform; agreements required; disclosure of price and fees.
402	396
403	397		A. No food delivery platform shall submit an order on behalf of a consumer to a restaurant or arrange for the delivery of an order from a restaurant without first obtaining an agreement with the restaurant expressly authorizing the food delivery platform to submit orders to and deliver food prepared by the restaurant.
404	398
405	399		B. A food delivery platform shall:
406	400
407		-	1. At the point when a consumer views and selects a vendor, include a clear and conspicuous disclosure of any additional fee or percentage charged; and
	401	+	1. At the point when a consumer views and selects a vendor or items for purchase, include a clear and conspicuous disclosure of any additional fee or percentage charged; and
408	402
409	403		2. Prior to checkout, display a subtotal page that itemizes the price of the selected items for purchase and any additional fee or percentage included in the total cost.
410	404
411	405		C. It shall not be a violation of this chapter for a food delivery platform to (i) reduce the total cost that was previously advertised or displayed, (ii) display a promotion or discount, including an offer to waive one or more mandatory fees, or (iii) advertise or display a price for goods and services in compliance with specific state or federal laws applicable to food delivery platforms.
412	406
413		-	D. A food delivery platform that is a price-variable supplier, as defined in 59.1-607, is compliant with subdivision B 1 if such supplier includes a disclosure ~~prior to checkout~~ of (i) the factors determining the final price; (ii) any mandatory fees or surcharges, as defined in 59.1-607, associated with the transaction; or (iii) that the total cost of services may vary.
	407	+	D. A food delivery platform that is a price-variable supplier, as defined in 59.1-607, is compliant with subdivision B 1 if such supplier includes a disclosure at the point when a consumer selects items for purchase of (i) the factors determining the final price; (ii) any mandatory fees or surcharges, as defined in 59.1-607, associated with the transaction; and (iii) that the total cost of services may vary.
414	408
415	409		CHAPTER 58.
416	410
417	411		MANDATORY FEES OR SURCHARGES.
418	412
419	413		59.1-607. Definitions.
420	414
421	415		As used in this chapter, unless the context requires a different meaning:
422	416
423	417		"Auction" has the same meaning as provided in 54.1-600.
424	418
425	419		"Broadband Internet access service" has the same meaning as provided in 47 C.F.R. 8.1(b).
426	420
427	421		"Cable operator" has the same meaning as provided in 47 U.S.C. 522.
428	422
429	423		"Clear and conspicuous" and "clearly and conspicuously" have the same meaning as provided for those terms in 59.1-207.45.
430	424
431	425		"Consumer transaction" has the same meaning as provided in 59.1-198.
432	426
433	427		"Electric utility" has the same meaning as provided in 56-576.
434	428
435	429		"Federal broadband consumer requirements" means the broadband consumer requirements adopted by the Federal Communications Commission in FCC 22-86 on November 14, 2022.
436	430
437	431		"Hotel" has the same meaning as provided in 35.1-1.
438	432
439	433		"Mandatory fees or surcharges" includes any additional fee or surcharge that must be paid in order to purchase the good or service being advertised. "Mandatory fees or surcharges" does not include (i) taxes or fees imposed on the consumer by a government or government-approved entity or assessment fees of a government-created special district or program paid to the government or government-approved entity or (ii) reasonable postage or shipping fees.
440	434
441	435		"Motor vehicle dealer" has the same meaning as provided in 46.2-1500.
442	436
443	437		"Natural gas utility" has the same meaning as provided in 56-610.
444	438
445	439		"Price-variable supplier" means a supplier that offers services the total price of which is determined by consumer selections or preferences or dependent on distance or time.
446	440
447	441		"Restaurant" has the same meaning as provided in 35.1-1.
448	442
449	443		"Settlement services" has the same meaning as provided in 12 U.S.C. 2602(3).
450	444
451	445		"Supplier" has the same meaning as provided in 59.1-198.
452	446
453	447		"Telecommunications service provider" has the same meaning as provided in 56-466.1.
454	448
455	449		59.1-608. Mandatory fees or surcharges; disclosure required.
456	450
457	451		A. No supplier shall, in connection with a consumer transaction, advertise or display a price for goods or services without clearly and conspicuously displaying the total price, which shall include all mandatory fees or surcharges. A supplier that provides both a good and a service to consumers may comply with this section by displaying or advertising the total price of the good separately from the total price or rate charged for providing the service.
458	452
459	453		B. A supplier offering goods or services in an auction is compliant with this section if such supplier clearly and conspicuously discloses any mandatory fees associated with the transaction and that the total cost of such goods or services may vary.
460	454
461	455		C. A restaurant or hotel is compliant with this section if, in every offer or advertisement for the purchase of a good or service that includes pricing information, such restaurant or hotel includes a clear and conspicuous disclosure of the percentage of any automatic and mandatory gratuities charged.
462	456
463	457		D. A price-variable supplier is compliant with this section if such supplier clearly and conspicuously discloses (i) the factors determining the final price, (ii) any mandatory fees or surcharges associated with the transaction, and (iii) that the total cost of services may vary.
464	458
465	459		E. A provider of broadband Internet access service on its own or as part of a bundle that complies with federal broadband consumer requirements codified in 47 C.F.R. 8.2(a) shall be deemed compliant with this section.
466	460
467	461		F. A cable operator that complies with the pricing requirements of 47 U.S.C. 552 shall be deemed compliant with this section.
468	462
469	463		G. A direct broadcast satellite provider that complies with the pricing requirements of 47 C.F.R. 76.310 shall be deemed compliant with this section.
470	464
471	465		H. A provider of live-event tickets that complies with the provisions of 16 C.F.R. Part 464 relating to live-event tickets shall be deemed compliant with this section.
472	466
473	467		I. A food delivery platform that complies with the provisions of Chapter 54 ( 59.1-586 et seq.) shall be deemed compliant with this section.
474	468
475	469		59.1-609. Limitations; exclusions.
476	470
477	471		A. It shall not be a violation of this chapter for any supplier to (i) reduce the total price that was previously advertised or displayed; (ii) display a promotion or discount, including an offer to waive one or more mandatory fees; or (iii) advertise or display a price for goods and services in compliance with specific state or federal laws applicable to such supplier.
478	472
479		-	B. No provision of this chapter shall apply to (i) fees authorized by law related to the purchase or lease of a motor vehicle that are charged by a motor vehicle dealer; (ii) fees, surcharges, or costs charged by any electric utility, natural gas utility, or telecommunications service provider; (iii) any fees, surcharges, or other costs associated with settlement services, provided that such associated costs do not include real estate broker commissions and fees; (iv) the provision of air transportation by air carriers, as such terms are defined in 49 U.S.C. 40102~~; or (v) health club services, as such term is defined in 59~~.~~1-296.~~
	473	+	B. No provision of this chapter shall apply to (i) fees authorized by law related to the purchase or lease of a motor vehicle that are charged by a motor vehicle dealer; (ii) fees, surcharges, or costs charged by any electric utility, natural gas utility, or telecommunications service provider; (iii) any fees, surcharges, or other costs associated with settlement services, provided that such associated costs do not include real estate broker commissions and fees; or (iv) the provision of air transportation by air carriers, as such terms are defined in 49 U.S.C. 40102.
480	474
481	475		C. No provision of this chapter shall apply to a supplier if such application is expressly preempted by federal law.
482	476
483	477		59.1-610. Enforcement; penalties.
484	478
485	479		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.).
486		-
487		-	2. That the provisions of this act shall not become effective unless reenacted by the 2026 Session of the General Assembly.