Virginia: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Yes, any person who suffers loss as the result of a violation may initiate an action.

§ 59.1-204

Any person who suffers loss as the result of a violation of this chapter shall be entitled to initiate an action to recover actual damages, or $500, whichever is greater.

Actual damages

Recovery for the loss a person actually suffered.

Yes, recoverable.

§ 59.1-204

Any person who suffers loss as the result of a violation of this chapter shall be entitled to initiate an action to recover actual damages, or $500, whichever is greater.

Statutory minimum damages

A stated minimum or fixed amount of damages.

$500

§ 59.1-204

Any person who suffers loss as the result of a violation of this chapter shall be entitled to initiate an action to recover actual damages, or $500, whichever is greater.

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Up to three times actual damages, or $1,000, whichever is greater, if willful.

§ 59.1-204

If the trier of fact finds that the violation was willful, it may increase damages to an amount not exceeding three times the actual damages sustained, or $1,000, whichever is greater.

Attorney fees

Rules for recovering the cost of legal representation.

May be awarded to the person (plaintiff).

§ 59.1-204

Notwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person also may be awarded reasonable attorneys' fees and court costs.

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

Not found in the statute text reviewed

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Not found in the statute text reviewed

Time limit for a claim

The period in which an action must be brought.

Two years after accrual.

§ 59.1-204.1

Any individual action pursuant to § 59.1-204 for which the right to bring such action first accrues on or after July 1, 1995, shall be commenced within two years after such accrual.

Injunctive relief

Court orders requiring conduct to stop or change.

Yes, the Attorney General, attorney for the Commonwealth, or attorney for a city, county, or town may seek to enjoin violations.

§ 59.1-203

The circuit court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law.

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Not more than $2,500 per violation for willful violations.

§ 59.1-206

the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $2,500 per violation.