2025 SESSION
INTRODUCED
25104659D
SENATE BILL NO. 1455
Offered January 17, 2025
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 59.1-610, relating to online marketplace; high-volume third-party sellers; civil penalty; Virginia Consumer Protection Act; prohibited practices; selling, offering for sale, or facilitating the sale of stolen goods.
PatronStuart
Referred to Committee on General Laws and Technology
Be it enacted by the General Assembly of Virginia:
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 59.1-610, as follows:
59.1-200. (Effective until July 1, 2025) Prohibited practices.
A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
1. Misrepresenting goods or services as those of another;
2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
4. Misrepresenting geographic origin in connection with goods or services;
5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
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";
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.
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;
9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
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;
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;
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;
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;
14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
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;
16. Failing to disclose all conditions, charges, or fees relating to:
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;
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;
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;
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;
18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
24. Violating any provision of 54.1-1505;
25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
32. Violating any provision of 46.2-1231 and 46.2-1233.1;
33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
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;
36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
37. Violating any provision of 8.01-40.2;
38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
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;
42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
43. Violating any provision of 59.1-443.2;
44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
47. Violating any provision of 18.2-239;
48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
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";
50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
52. Violating any provision of 8.2-317.1;
53. Violating subsection A of 9.1-149.1;
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;
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;
56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
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;
59. Violating any provision of subsection E of 32.1-126;
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;
61. Violating any provision of 2.2-2001.5;
62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
63. Violating any provision of 6.2-312;
64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
67. Knowingly violating any provision of 8.01-27.5;
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;
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;
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;
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;
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;
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;
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;
75. Violating any provision of 59.1-466.8;
76. Violating subsection F of 36-96.3:1;
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;
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;
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;
80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
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
82. Willfully violating any provision of 59.1-444.4; and
83. Selling, offering for sale, or facilitating the sale, including through an online marketplace platform or other online website or through the supplier's warehouse or distribution center, of stolen goods.
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.
59.1-200. (Effective July 1, 2025) Prohibited practices.
A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
1. Misrepresenting goods or services as those of another;
2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
4. Misrepresenting geographic origin in connection with goods or services;
5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
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";
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.
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;
9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
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;
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;
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;
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;
14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
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;
16. Failing to disclose all conditions, charges, or fees relating to:
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;
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;
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;
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;
18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
24. Violating any provision of 54.1-1505;
25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
32. Violating any provision of 46.2-1231 and 46.2-1233.1;
33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
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;
36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
37. Violating any provision of 8.01-40.2;
38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
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;
42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
43. Violating any provision of 59.1-443.2;
44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
47. Violating any provision of 18.2-239;
48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
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";
50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
52. Violating any provision of 8.2-317.1;
53. Violating subsection A of 9.1-149.1;
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;
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;
56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
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;
59. Violating any provision of subsection E of 32.1-126;
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;
61. Violating any provision of 2.2-2001.5;
62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
63. Violating any provision of 6.2-312;
64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
67. Knowingly violating any provision of 8.01-27.5;
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;
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;
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;
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;
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;
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;
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;
75. Violating any provision of 59.1-466.8;
76. Violating subsection F of 36-96.3:1;
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;
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;
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;
80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
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);
82. Willfully violating any provision of 59.1-444.4; and
83. Violating any provision of Chapter 23.2 ( 59.1-293.10 et seq.); and
84. Selling, offering for sale, or facilitating the sale, including through an online marketplace platform or other online website or through the supplier's warehouse or distribution center, of stolen goods.
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.
CHAPTER 58.
ONLINE MARKETPLACE CONSUMER PROTECTION ACT.
59.1-607. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Consumer product" means any tangible personal property that is (i) distributed in commerce and (ii) normally used for personal, family, or household purposes. "Consumer product" includes property intended to be attached to or installed in any real property without regard to whether it is so attached or installed.
"High-volume third-party seller" means a participant in an online marketplace that is a third-party seller and that, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products, with an aggregate total of $5,000 or more in gross revenues. For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues, an online marketplace shall only be required to count sales or transactions made through the online marketplace and for which payment was processed by the online marketplace, either directly or through its payment processor.
"Online marketplace" means any person or entity that operates a consumer-directed electronically based or electronically accessed platform that (i) includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States; (ii) is used by one or more third-party sellers for such purposes; and (iii) has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
"Seller" means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace platform.
"Third-party seller" means any seller, independent of an operator, facilitator, or owner of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the United States through an online marketplace. With respect to an online marketplace, "third-party seller" does not include:
1. A seller who operates the online marketplace platform; or
2. A business entity that has (i) made available to the general public the business entity's name, business address, and contact information; (ii) an ongoing contractual relationship with the owner of an online marketplace to provide for the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; and (iii) provided the online marketplace with identifying information, as described in 59.1-608, that has been verified in accordance with 59.1-608.
"Verify" means to confirm information provided to an online marketplace in accordance with 59.1-608, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided by a seller or an individual acting on a seller's behalf are valid, not misappropriated, and not falsified.
59.1-608. Collection, verification, and disclosure of information by online marketplaces; seller information and verification required.
A. An online marketplace shall require that any high-volume third-party seller on such online marketplace platform provide the online marketplace with the following information no later than 10 days after qualifying as a high-volume third-party seller on the platform:
1. a. A bank account number; or
b. If the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the high-volume third-party seller.
Such required bank account information or payee information may be provided by the seller to the online marketplace or to a payment processor or other third party contracted by the online marketplace to maintain the information, provided that the online marketplace ensures that it can obtain the information on demand from the payment processor or other third party;
2. Contact information for the high-volume third-party seller, which shall include the following:
a. If the high-volume third-party seller is an individual, the individual's name;
b. If the high-volume third-party seller is not an individual, one of the following forms of identifying information: (i) a copy of a valid government-issued photo identification for an individual acting on behalf of the high-volume third-party seller that includes the individual's name or (ii) a copy of a valid government-issued record or tax document that includes the business name and physical address of the high-volume third-party seller; and
c. A current working email address and working telephone number for the high-volume third-party seller; and
3. A business tax identification number or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number.
B. An online marketplace shall verify the information provided by a high-volume third-party seller pursuant to subsection A within 10 days of receiving the information. If a high-volume third-party seller provides a copy of a valid government-issued tax document, the information contained within such document or identification shall be presumed verified as of the date the document or identification was issued.
C. At least annually, an online marketplace shall (i) notify each high-volume third-party seller operating in the online marketplace that the high-volume third-party seller shall inform the online marketplace of any changes to information required pursuant to subsection A within 10 days of receiving the notification and (ii) as part of such notification, instruct each high-volume third-party seller to electronically certify either that the information provided pursuant to subsection A is unchanged or that the high-volume third-party seller has provided any changes to the information.
D. In the event that a high-volume third-party seller does not provide the information or certification required by this section after the online marketplace has provided the seller with written or electronic notice and an opportunity to provide such information or certification, the online marketplace shall, after providing the seller with a second written or electronic notice and an opportunity to provide such information or certification within 10 days after the issuance of such notice, suspend any future sales activity of such seller until the seller provides the required information or certification.
E. Data collected solely to comply with the requirements of this section shall not be used for any other purpose unless so required by law. An online marketplace shall implement and maintain reasonable security procedures and practices, including appropriate administrative, physical, and technological safeguards relative to the nature and purposes of the data collected to comply with the requirements of this section, in order to protect such data from unauthorized use, disclosure, access, destruction, or modification.
59.1-609. Disclosures to consumers required.
A. An online marketplace shall require each high-volume third-party seller with an aggregate total of $20,000 or more in annual gross revenues through such online marketplace platform to provide and disclose to consumers in a clear and conspicuous manner the information required by subsection B in (i) any order confirmation message or other document or communication made to a consumer once a purchase is finalized and (ii) the consumer's account transaction history.
B. An online marketplace shall require each high-volume third-party seller as described in subsection A to disclose the identity of the high-volume third-party seller in the manner prescribed by subsection A, including the following information:
1. The full name of the high-volume third-party seller, which may include the seller name, the seller's company name, or the name by which the seller or company operates in the online marketplace;
2. The physical address of the high-volume third-party seller;
3. Contact information for the high-volume third-party seller, for the purpose of allowing direct and unhindered communication between high-volume third-party sellers and users of the online marketplace, provided the requirements of this subsection shall not prevent an online marketplace from preventing fraud, abuse, or spam through such communications, including a current working telephone number, a current working email address, or other means of electronic messaging that may be provided to the high-volume third-party seller by the online marketplace; and
4. Whether the high-volume third-party seller uses a different seller to fulfill purchase orders to customers placed through the online marketplace. Upon the request of an authenticated purchaser, if a high-volume third party seller uses a different seller to fulfill purchase orders to consumers, the online marketplace shall require such high-volume third-party seller to provide identifying information for the different seller.
C. Upon the request of a high-volume third-party seller, an online marketplace may provide for partial disclosure of the identifying information required by this section under the following circumstances:
1. If the high-volume third-party seller certifies to the online marketplace that the high-volume third-party seller does not have a business address and only has a residential street address, or that the high-volume third party seller has a combined business and residential address, the online marketplace may (i) disclose only the country and, if applicable, the state in which the high-volume third-party seller resides and (ii) inform consumers that there is no business address available for the high-volume third-party seller and that consumer inquiries should be submitted to the high-volume third-party seller by telephone, email, or other means of electronic messaging provided to such seller by the online marketplace.
2. If the high-volume third-party seller certifies to the online marketplace that the high-volume third-party seller is a business that has a physical address for product returns, the online marketplace may disclose the physical address for consumer product returns.
3. If a high-volume third-party seller certifies to the online marketplace that the high-volume third-party seller does not have any phone number other than a personal telephone number, the online marketplace may inform consumers that there is no telephone number available for the high-volume third-party seller and that consumer inquiries should be submitted to the high-volume third-party seller by email or other means of electronic messaging provided to such seller by the online marketplace.
D. If an online marketplace becomes aware that a high-volume third-party seller has (i) made a false representation to the online marketplace in order to justify the provision of a partial disclosure under subsection B or (ii) requested and received a provision for partial disclosure under subsection B but has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the high-volume third-party seller by telephone, email, or other means of electronic messaging provided to the seller by the online marketplace; the online marketplace shall, after providing the seller with a written or electronic notice and an opportunity to respond no later than 10 days after the issuance of such notice, suspend any future sales activity of such seller unless the seller consents to the disclosure of the identifying information required by subsection A.
E. An online marketplace shall disclose to consumers, in a clear and conspicuous manner on the product listing of any high-volume third-party seller, a reporting mechanism that allows for electronic and telephone reporting of suspicious marketplace activity to the online marketplace.
F. If a high-volume third-party seller does not comply with the requirements to provide and disclose information under this section, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide or disclose such information not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until the seller complies with such requirements.
59.1-610. Enforcement.
A. The Attorney General shall have exclusive authority to enforce the provisions of this chapter.
B. If the Attorney General has reason to believe that any online marketplace has violated the provisions of this chapter, the Attorney General may initiate an action in the name of the Commonwealth and may seek an injunction to restrain any violations of this chapter and civil penalties of up to $10,000 for each violation under this chapter.
C. The Attorney General may recover reasonable expenses incurred in investigating and preparing a case, including attorney fees, in any action initiated under this chapter.
D. Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations of this chapter or under any other law.