Virginia 2025 Regular Session

Virginia Senate Bill SB754 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	CHAPTER 591
	1	+	2025 SESSION
	2	+
	3	+	ENROLLED
	4	+
	5	+	VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
2	6
3	7		An Act to amend and reenact 59.1-198 and 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Virginia Consumer Protection Act; prohibited practices; obtaining, disclosing, etc., reproductive or sexual health information without consumer consent.
4	8
5	9		[S 754]
6	10
7		-	Approved ~~March 24, 2025~~
	11	+	Approved
8	12
9	13		Be it enacted by the General Assembly of Virginia:
10	14
11	15		1. That 59.1-198 and 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted as follows:
12	16
13	17		59.1-198. Definitions.
14	18
15	19		As used in this chapter, unless the context requires a different meaning:
16	20
17	21		"Business opportunity" means the sale of any products, equipment, supplies, or services which that are sold to an individual for the purpose of enabling such individual to start a business to be operated out of his residence, but does not include a business opportunity which that is subject to the Business Opportunity Sales Act, Chapter 21 ( 59.1-262 et seq.) of this title.
18	22
19	23		"Children's product" means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:
20	24
21	25		1. A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable;
22	26
23	27		2. Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger;
24	28
25	29		3. Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger; and
26	30
27	31		4. The Age Determination Guidelines issued by the staff of the Consumer Products Safety Commission in September 2002, and any successor to such guidelines.
28	32
29	33		"Consent" means the same as that term is defined in 59.1-575.
30	34
31	35		"Consumer transaction" means:
32	36
33	37		1. The advertisement, sale, lease, license, or offering for sale, lease, or license, of goods or services to be used primarily for personal, family, or household purposes;
34	38
35	39		2. Transactions involving the advertisement, offer, or sale to an individual of a business opportunity that requires both his expenditure of money or property and his personal services on a continuing basis and in which he has not been previously engaged;
36	40
37	41		3. Transactions involving the advertisement, offer, or sale to an individual of goods or services relating to the individual's finding or obtaining employment;
38	42
39	43		4. A layaway agreement, whereby part or all of the price of goods is payable in one or more payments subsequent to the making of the layaway agreement and the supplier retains possession of the goods and bears the risk of their loss or damage until the goods are paid in full according to the layaway agreement;
40	44
41	45		5. Transactions involving the advertisement, sale, lease, or license, or the offering for sale, lease, or license, of goods or services to a church or other religious body; and
42	46
43	47		6. Transactions involving the advertisement of legal services that contain information about the results of a state or federal survey, inspection, or investigation of a nursing home or certified nursing facility as described in subsection E of 32.1-126.
44	48
45	49		"Cure offer" means a written offer of one or more things of value, including but not limited to the payment of money, that is made by a supplier and that is delivered to a person claiming to have suffered a loss as a result of a consumer transaction or to the attorney for such person. A cure offer shall be reasonably calculated to remedy a loss claimed by the person and it shall include a minimum additional amount equaling 10 percent of the value of the cure offer or $500, whichever is greater, as compensation for inconvenience, any attorney's or other fees, expenses, or other costs of any kind that such person may incur in relation to such loss;, provided, however, that the minimum additional amount need not exceed $4,000.
46	50
47	51		"Defective drywall" means drywall, or similar building material composed of dried gypsum-based plaster, that (i) as a result of containing the same or greater levels of strontium sulfide that has been found in drywall manufactured in the People's Republic of China and imported into the United States between 2004 and 2007 is capable, when exposed to heat, humidity, or both, of releasing sulfur dioxide, hydrogen sulfide, carbon disulfide, or other sulfur compounds into the air or (ii) has been designated by the U.S. Consumer Product Safety Commission as a product with a product defect that constitutes a substantial product hazard within the meaning of 15(a)(2) of the Consumer Product Safety Act (15 U.S.C. 2064 (a)(2)).
48	52
49	53		"Goods" means all real, personal, or mixed property, tangible or intangible. For purposes of this chapter, intangible property includes but shall not be limited to "computer information" and "informational rights" in computer information as defined in 59.1-501.2.
50	54
51	55		"Person" means any natural person, corporation, trust, partnership, association, and any other legal entity.
52	56
53	57		"Reproductive or sexual health information" means information relating to the past, present, or future reproductive or sexual health of an individual, including:
54	58
55	59		1. Efforts to research or obtain reproductive or sexual health information services or supplies, including location information that may indicate an attempt to acquire such services or supplies;
56	60
57	61		2. Reproductive or sexual health conditions, status, diseases, or diagnoses, including pregnancy, menstruation, ovulation, ability to conceive a pregnancy, whether an individual is sexually active, and whether an individual is engaging in unprotected sex;
58	62
59	63		3. Reproductive and sexual health-related surgeries and procedures, including termination of a pregnancy;
60	64
61	65		4. Use or purchase of contraceptives, birth control, or other medication related to reproductive health, including abortifacients;
62	66
63	67		5. Bodily functions, vital signs, measurements, or symptoms related to menstruation or pregnancy, including basal temperature, cramps, bodily discharge, or hormone levels;
64	68
65	69		6. Any information about diagnoses or diagnostic testing, treatment, or medications, or the use of any product or service relating to the matters described in subdivisions 1 through 5; and
66	70
67	71		7. Any information described in subdivisions 1 through 6 that is derived or extrapolated from non-health-related information such as proxy, derivative, inferred, emergent, or algorithmic data.
68	72
69	73		"Reproductive or sexual health information" does not include health information that is protected under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d et seq.), health records for the purposes of Title 32.1, or patient-identifying records for the purposes of 42 U.S.C. 290dd-2.
70	74
71	75		"Services" includes but shall is not be limited to (i) work performed in the business or occupation of the supplier, (ii) work performed for the supplier by an agent whose charges or costs for such work are transferred by the supplier to the consumer or purchaser as an element of the consumer transaction, or (iii) the subject of an "access contract" as defined in 59.1-501.2.
72	76
73	77		"Supplier" means a seller, lessor, licensor, or professional who that advertises, solicits, or engages in consumer transactions, or a manufacturer, distributor, or licensor who that advertises and sells, leases, or licenses goods or services to be resold, leased, or sublicensed by other persons in consumer transactions.
74	78
75	79		59.1-200. (Effective until July 1, 2025) Prohibited practices.
76	80
77	81		A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
78	82
79	83		1. Misrepresenting goods or services as those of another;
80	84
81	85		2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
82	86
83	87		3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
84	88
85	89		4. Misrepresenting geographic origin in connection with goods or services;
86	90
87	91		5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
88	92
89	93		6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
90	94
91	95		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";
92	96
93	97		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.
94	98
95	99		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;
96	100
97	101		9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
98	102
99	103		10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
100	104
101	105		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;
102	106
103	107		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;
104	108
105	109		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;
106	110
107	111		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;
108	112
109	113		14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
110	114
111	115		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;
112	116
113	117		16. Failing to disclose all conditions, charges, or fees relating to:
114	118
115	119		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;
116	120
117	121		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;
118	122
119	123		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;
120	124
121	125		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;
122	126
123	127		18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
124	128
125	129		19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
126	130
127	131		20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
128	132
129	133		21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
130	134
131	135		22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
132	136
133	137		23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
134	138
135	139		24. Violating any provision of 54.1-1505;
136	140
137	141		25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
138	142
139	143		26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
140	144
141	145		27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
142	146
143	147		28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
144	148
145	149		29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
146	150
147	151		30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
148	152
149	153		31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
150	154
151	155		32. Violating any provision of 46.2-1231 and 46.2-1233.1;
152	156
153	157		33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
154	158
155	159		34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
156	160
157	161		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;
158	162
159	163		36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
160	164
161	165		37. Violating any provision of 8.01-40.2;
162	166
163	167		38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
164	168
165	169		39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
166	170
167	171		40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
168	172
169	173		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;
170	174
171	175		42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
172	176
173	177		43. Violating any provision of 59.1-443.2;
174	178
175	179		44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
176	180
177	181		45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
178	182
179	183		46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
180	184
181	185		47. Violating any provision of 18.2-239;
182	186
183	187		48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
184	188
185	189		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";
186	190
187	191		50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
188	192
189	193		51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
190	194
191	195		52. Violating any provision of 8.2-317.1;
192	196
193	197		53. Violating subsection A of 9.1-149.1;
194	198
195	199		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;
196	200
197	201		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;
198	202
199	203		56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
200	204
201	205		57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
202	206
203	207		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;
204	208
205	209		59. Violating any provision of subsection E of 32.1-126;
206	210
207	211		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;
208	212
209	213		61. Violating any provision of 2.2-2001.5;
210	214
211	215		62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
212	216
213	217		63. Violating any provision of 6.2-312;
214	218
215	219		64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
216	220
217	221		65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
218	222
219	223		66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
220	224
221	225		67. Knowingly violating any provision of 8.01-27.5;
222	226
223	227		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;
224	228
225	229		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;
226	230
227	231		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;
228	232
229	233		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;
230	234
231	235		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;
232	236
233	237		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;
234	238
235	239		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;
236	240
237	241		75. Violating any provision of 59.1-466.8;
238	242
239	243		76. Violating subsection F of 36-96.3:1;
240	244
241	245		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;
242	246
243	247		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;
244	248
245	249		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;
246	250
247	251		80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
248	252
249	253		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
250	254
251	255		82. Willfully violating any provision of 59.1-444.4; and
252	256
253	257		83. Obtaining, disclosing, selling, or disseminating any personally identifiable reproductive or sexual health information without the consent of the consumer.
254	258
255	259		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.
256	260
257	261		59.1-200. (Effective July 1, 2025) Prohibited practices.
258	262
259	263		A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
260	264
261	265		1. Misrepresenting goods or services as those of another;
262	266
263	267		2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
264	268
265	269		3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
266	270
267	271		4. Misrepresenting geographic origin in connection with goods or services;
268	272
269	273		5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
270	274
271	275		6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
272	276
273	277		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";
274	278
275	279		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.
276	280
277	281		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;
278	282
279	283		9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
280	284
281	285		10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
282	286
283	287		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;
284	288
285	289		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;
286	290
287	291		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;
288	292
289	293		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;
290	294
291	295		14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
292	296
293	297		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;
294	298
295	299		16. Failing to disclose all conditions, charges, or fees relating to:
296	300
297	301		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;
298	302
299	303		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;
300	304
301	305		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;
302	306
303	307		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;
304	308
305	309		18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
306	310
307	311		19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
308	312
309	313		20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
310	314
311	315		21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
312	316
313	317		22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
314	318
315	319		23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
316	320
317	321		24. Violating any provision of 54.1-1505;
318	322
319	323		25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
320	324
321	325		26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
322	326
323	327		27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
324	328
325	329		28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
326	330
327	331		29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
328	332
329	333		30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
330	334
331	335		31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
332	336
333	337		32. Violating any provision of 46.2-1231 and 46.2-1233.1;
334	338
335	339		33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
336	340
337	341		34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
338	342
339	343		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;
340	344
341	345		36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
342	346
343	347		37. Violating any provision of 8.01-40.2;
344	348
345	349		38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
346	350
347	351		39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
348	352
349	353		40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
350	354
351	355		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;
352	356
353	357		42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
354	358
355	359		43. Violating any provision of 59.1-443.2;
356	360
357	361		44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
358	362
359	363		45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
360	364
361	365		46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
362	366
363	367		47. Violating any provision of 18.2-239;
364	368
365	369		48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
366	370
367	371		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";
368	372
369	373		50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
370	374
371	375		51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
372	376
373	377		52. Violating any provision of 8.2-317.1;
374	378
375	379		53. Violating subsection A of 9.1-149.1;
376	380
377	381		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;
378	382
379	383		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;
380	384
381	385		56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
382	386
383	387		57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
384	388
385	389		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;
386	390
387	391		59. Violating any provision of subsection E of 32.1-126;
388	392
389	393		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;
390	394
391	395		61. Violating any provision of 2.2-2001.5;
392	396
393	397		62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
394	398
395	399		63. Violating any provision of 6.2-312;
396	400
397	401		64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
398	402
399	403		65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
400	404
401	405		66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
402	406
403	407		67. Knowingly violating any provision of 8.01-27.5;
404	408
405	409		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;
406	410
407	411		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;
408	412
409	413		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;
410	414
411	415		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;
412	416
413	417		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;
414	418
415	419		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;
416	420
417	421		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;
418	422
419	423		75. Violating any provision of 59.1-466.8;
420	424
421	425		76. Violating subsection F of 36-96.3:1;
422	426
423	427		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;
424	428
425	429		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;
426	430
427	431		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;
428	432
429	433		80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
430	434
431	435		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);
432	436
433	437		82. Willfully violating any provision of 59.1-444.4; and
434	438
435	439		83. Violating any provision of Chapter 23.2 ( 59.1-293.10 et seq.); and
436	440
437	441		84. Obtaining, disclosing, selling, or disseminating any personally identifiable reproductive or sexual health information without the consent of the consumer.
438	442
439	443		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.