dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 43 (UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT)
§ 59.1-508.3. Contractual modification of remedy.
(a) Except as otherwise provided in this section and in § 59.1-508.4:

(1) an agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter or a party's other remedies under this chapter, such as by precluding a party's right to cancel for breach of contract, limiting remedies to returning or delivering copies and repayment of the contract fee, or limiting remedies to repair or replacement of the nonconforming copies; and

(2) resort to a contractual remedy is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.

(b) Subject to subsection (c), if performance of an exclusive or limited remedy causes the remedy to fail of its essential purpose, the aggrieved party may pursue other remedies under this chapter.

(c) Failure or unconscionability of an agreed exclusive or limited remedy makes a term disclaiming or limiting consequential or incidental damages unenforceable unless the agreement expressly makes the disclaimer or limitation independent of the agreed remedy.

(d) Consequential damages and incidental damages may be excluded or limited by agreement unless the exclusion or limitation is unconscionable. Exclusion or limitation of consequential damages for personal injury in a consumer contract for a computer program that is subject to this chapter and is contained in consumer goods is prima facie unconscionable, but exclusion or limitation of damages for a commercial loss is not unconscionable.

2000, cc. 101, 996.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 43 (UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT)
§ 59.1-508.4. Liquidation of damages.
(a) Damages for breach of contract by either party may be liquidated by agreement in an amount that is reasonable in light of:

(1) the loss anticipated at the time of contracting;

(2) the actual loss; or

(3) the actual or anticipated difficulties of proving loss in the event of breach.

(b) If a term liquidating damages is unenforceable under this subsection, the aggrieved party may pursue the remedies provided in this chapter, except as limited by other terms of the contract.

(c) If a party justifiably withholds delivery of copies because of the other party's breach of contract, the party in breach is entitled to restitution for any amount by which the sum of the payments it made for the copies exceeds the amount of the liquidated damages payable to the aggrieved party in accordance with subsection (a). The right to restitution is subject to offset to the extent that the aggrieved party establishes:

(1) a right to recover damages other than under subsection (a); and

(2) the amount or value of any benefits received by the party in breach, directly or indirectly, by reason of the contract.

(d) A term that does not liquidate damages, but that limits damages available to the aggrieved party, must be evaluated under § 59.1-508.3.

2000, cc. 101, 996.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 43 (UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT)
§ 59.1-508.5. Limitation of actions.
(a) Except as otherwise provided in subsection (b), an action for breach of contract must be commenced within the later of four years after the right of action accrues or one year after the breach was or should have been discovered, but not later than five years after the right of action accrues.

(b) If the original agreement of the parties alters the period of limitations, the following rules apply:

(1) The parties may reduce the period of limitation to not less than one year after the right of action accrues but may not extend it.

(2) In a consumer contract, the period of limitation may not be reduced.

(c) Except as otherwise provided in subsection (d), a right of action accrues when the act or omission constituting a breach of contract occurs, even if the aggrieved party did not know of the breach. A right of action for breach of warranty accrues when tender of delivery of a copy pursuant to § 59.1-506.6, or access to the information, occurs. However, if the warranty expressly extends to future performance of the information or a copy, the right of action accrues when the performance fails to conform to the warranty, but not later than the date the warranty expires.

(d) In the following cases, a right of action accrues on the later of the date the act or omission constituting the breach of contract occurred or the date on which it was or should have been discovered by the aggrieved party, but not earlier than the date for delivery of a copy if the claim relates to information in the copy:

(1) a breach of warranty against third-party claims for:

(A) infringement or misappropriation; or

(B) libel, slander, or the like;

(2) a breach of contract involving a party's disclosure or misuse of confidential information; or

(3) a failure to provide an indemnity or to perform another obligation to protect or defend against a third-party claim.

(e) If an action commenced within the period of limitation is so concluded as to leave available a remedy by another action for the same breach of contract, the other action may be commenced after expiration of the period of limitation if the action is commenced within six months after conclusion of the first action, unless the action was concluded as a result of voluntary discontinuance or dismissal for failure or neglect to prosecute.

(f) This section does not alter the law on tolling of the statute of limitations and does not apply to a right of action that accrued before the effective date of this chapter.

2000, cc. 101, 996.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 43 (UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT)
§ 59.1-508.6. Remedies for fraud.
Remedies for material misrepresentation or fraud include all remedies available under this chapter for nonfraudulent breach of contract.

2000, cc. 101, 996.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 43 (UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT)
§ 59.1-508.7. Measurement of damages in general.
(a) Except as otherwise provided in the contract, an aggrieved party may not recover compensation for that part of a loss which could have been avoided by taking measures reasonable under the circumstances to avoid or reduce loss. The burden of establishing a failure of the aggrieved party to take measures reasonable under the circumstances is on the party in breach of contract.

(b) A party may not recover:

(1) consequential damages for losses resulting from the content of published informational content unless the agreement expressly so provides; or

(2) damages that are speculative.

(c) The remedy for breach of contract for disclosure or misuse of information that is a trade secret or in which the aggrieved party has a right of confidentiality includes as consequential damages compensation for the benefit obtained as a result of the breach.

(d) For purposes of this chapter, market value is determined as of the date of breach of contract and the place for performance.

(e) Damages or expenses that relate to events after the date of entry of judgment must be reduced to their present value as of that date. In this subsection, "present value" means the amount, as of a date certain, of one or more sums payable in the future or the value of one or more performances due in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties in their agreement unless that rate was manifestly unreasonable when the agreement was entered into. Otherwise, the discount is determined by a commercially reasonable rate that takes into account the circumstances of each case when the agreement was entered into.

2000, cc. 101, 996.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 43 (UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT)
§ 59.1-508.8. Licensor's damages.
(a) In this section, "substitute transaction" means a transaction by the licensor which would not have been possible except for the licensee's breach and which transaction is for the same information or informational rights with the same contractual use terms as the transaction to which the licensee's breach applies.

(b) Except as otherwise provided in § 59.1-508.7, a breach of contract by a licensee entitles the licensor to recover the following compensation for losses resulting in the ordinary course from the breach, less expenses avoided as a result of the breach, to the extent not otherwise accounted for under this subsection:

(1) damages measured in any combination of the following ways but not to exceed the contract fee and the market value of other consideration required under the contract for the performance that was the subject of the breach:

(A) the amount of accrued and unpaid contract fees and the market value of other consideration earned but not received for:

(i) any performance accepted by the licensee; and

(ii) any performance to which § 59.1-506.4 applies;

(B) for performances not governed by subparagraph (A), if the licensee repudiated or wrongfully refused the performance or the licensor rightfully canceled and the breach makes possible a substitute transaction, the amount of loss as determined by contract fees and the market value of other consideration required under the contract for the performance less:

(i) the contract fees and market value of other consideration received from an actual and commercially reasonable substitute transaction entered into by the licensor in good faith and without unreasonable delay; or

(ii) the market value of a commercially reasonable hypothetical substitute transaction;

(C) for performances not governed by subparagraph (A), if the breach does not make possible a substitute transaction, lost profit, including reasonable overhead, that the licensor would have realized on acceptance and full payment for performance that was not delivered to the licensee because of the licensee's breach; or

(D) damages calculated in any reasonable manner; and

(2) consequential and incidental damages.

2000, cc. 101, 996.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 43 (UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT)
§ 59.1-508.9. Licensee's damages.
(a) Subject to subsection (b) and except as otherwise provided in § 59.1-508.7, a breach of contract by a licensor entitles the licensee to recover the following compensation for losses resulting in the ordinary course from the breach or, if appropriate, as to the whole contract, less expenses avoided as a result of the breach to the extent not otherwise accounted for under this section:

(1) damages measured in any combination of the following ways, but not to exceed the market value of the performance that was the subject of the breach plus restitution of any amounts paid for performance not received and not accounted for within the indicated recovery:

(A) with respect to performance that has been accepted and the acceptance not rightfully revoked, the value of the performance required less the value of the performance accepted as of the time and place of acceptance;

(B) with respect to performance that has not been rendered or that was rightfully refused or acceptance of which was rightfully revoked:

(i) the amount of any payments made and the value of other consideration given to the licensor with respect to that performance and not previously returned to the licensee;

(ii) the market value of the performance less the contract fee for that performance; or

(iii) the cost of a commercially reasonable substitute transaction less the contract fee under the breached contract, if the substitute transaction was entered into by the licensee in good faith and without unreasonable delay for substantially similar information with the same contractual use terms; or

(C) damages calculated in any reasonable manner; and

(2) incidental and consequential damages.

(b) The amount of damages must be reduced by any unpaid contract fees for performance by the licensor which has been accepted by the licensee and as to which the acceptance has not been rightfully revoked.

2000, cc. 101, 996.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 43 (UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT)
§ 59.1-509.1. Repealed.
Repealed by Acts 2015, c. 709, cl. 2.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 43 (UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT)
§ 59.1-509.2. Previous rights and transactions.
Contracts that are enforceable and rights of action that accrue before the effective date of this chapter are governed by the law then in effect unless the parties agree to be governed by this chapter.

2000, cc. 101, 996.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-510. (Effective until January 1, 2026) Definitions; rule of construction.
As used in this chapter:

"Established business relationship" means a relationship between the called person and the person on whose behalf the telephone solicitation call is being made or initiated based on (i) the called person's purchase from, or transaction with, the person on whose behalf the telephone solicitation call is being made or initiated within the 18 months immediately preceding the date of the call or (ii) the called person's inquiry or application regarding any property, good, or service offered by the person on whose behalf the telephone solicitation call is being made or initiated within the three months immediately preceding the date of the call.

"Personal relationship" means the relationship between a telephone solicitor making or initiating a telephone solicitation call and any family member, friend, or acquaintance of that telephone solicitor.

"Responsible person" means either or both of (i) a telephone solicitor or (ii) a seller if the telephone solicitation call offering or advertising the seller's property, goods, or services is presumed to have been made or initiated on behalf of or for the benefit of the seller and the presumption is not rebutted as provided in subsection B of § 59.1-514.1.

"Seller" means any person on whose behalf or for whose benefit a telephone solicitation call offering or advertising the person's property, goods, or services is made or initiated.

"Telephone solicitation call" means (i) any telephone call made or initiated to any natural person's residence in the Commonwealth, to any landline or wireless telephone with a Virginia area code, or to a landline or wireless telephone registered to any natural person who is a resident of the Commonwealth or (ii) any text message sent to any wireless telephone with a Virginia area code or to a wireless telephone registered to any natural person who is a resident of the Commonwealth, for the purpose of offering or advertising any property, goods, or services for sale, lease, license, or investment, including offering or advertising an extension of credit or for the purpose of fraudulent activity, including engaging in any conduct that results in the display of false or misleading caller identification information on the called person's telephone.

"Telephone solicitor" means any person who makes or initiates, or causes another person to make or initiate, a telephone solicitation call on its own behalf or for its own benefit or on behalf of or for the benefit of a seller.

2001, cc. 528, 553; 2004, cc. 202, 224; 2019, cc. 256, 264; 2020, cc. 263, 607.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-511. (Effective until January 1, 2026) Calling time restrictions.
No telephone solicitor shall initiate, or cause to be initiated, a telephone solicitation call at any time other than between 8:00 a.m. and 9:00 p.m. local time at the called person's location, unless the telephone solicitor has obtained the prior consent of the called person.

2001, cc. 528, 553; 2004, cc. 202, 224.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-512. (Effective until January 1, 2026) Identification of telephone solicitor required.
A telephone solicitor who makes a telephone solicitation via telephone call shall identify himself by his first and last names and the name of the person on whose behalf the telephone solicitation is being made promptly upon making contact with the recipient of such solicitation.

2001, cc. 528, 553; 2025, c. 626.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-513. (Effective until January 1, 2026) Transmission of caller identification information required.
A. A telephone solicitor who makes a telephone solicitation call shall transmit the telephone number, and, when available by the telephone solicitor's carrier, the name of the telephone solicitor. The number so provided must permit, during regular business hours, any individual to make a request not to receive telephone solicitation calls.

B. No telephone solicitor shall take any intentional action to prevent the transmission of the telephone solicitor's name or telephone number to any person receiving a telephone solicitation call or engage in any conduct that results in the display of false or misleading caller identification information on the called person's telephone.

C. It shall not be a violation of this section to substitute for the name and telephone number used in, or billed for, making the call the name of the person on whose behalf the telephone solicitation call is being made and that person's customer service telephone number.

2001, cc. 528, 553; 2004, cc. 202, 224; 2020, cc. 263, 607.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-513.1. (Effective until January 1, 2026) Abandoned telephone solicitation calls.
Whenever a live sales representative is not available to speak with the person answering a telephone solicitation via telephone call within two seconds of the person's completed greeting, the telephone solicitor shall play a prerecorded identification message that states the name and telephone number of the person on whose behalf the telephone solicitation was being made. The number so provided shall permit, during regular business hours, any individual to make a request not to receive telephone solicitations.

2004, cc. 202, 224; 2025, c. 626.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-514. (Effective until January 1, 2026) Unwanted telephone solicitation calls prohibited.
A. No telephone solicitor shall initiate, or cause to be initiated, a telephone solicitation call to a telephone number when a person at such telephone number previously has stated that he does not wish to receive a telephone solicitation call made by or on behalf of the person on whose behalf the telephone solicitation call is being made. Such statement may be made to a telephone solicitor or to the person on whose behalf the telephone solicitation call is being made if that person is different from the telephone solicitor. Any such request not to receive telephone solicitation calls shall be honored for at least 10 years from the time the request is made.

B. No telephone solicitor shall initiate, or cause to be initiated, a telephone solicitation call to a telephone number on the National Do Not Call Registry maintained by the federal government pursuant to the Telemarketing Sales Rule, 16 C.F.R. Part 310, and 47 C.F.R. § 64.1200.

C. It shall be an affirmative defense in any action brought under § 59.1-515 or 59.1-517 for a violation of this section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitation calls in violation of this section, including using in accordance with applicable federal regulations a version of the National Do Not Call Registry obtained from the administrator of the registry no more than 31 days prior to the date any telephone solicitation call is made.

D. For purposes of this section, "telephone solicitation call" shall not include a telephone call made to any person: (i) with that person's prior express invitation or permission as evidenced by a signed, written agreement stating that the person agrees to be contacted by or on behalf of a specific party and including the telephone number to which the call may be placed, (ii) with whom the person on whose behalf the telephone call is made has an established business relationship, or (iii) with whom the telephone solicitor making the telephone call has a personal relationship. The exemption for an established business relationship or a personal relationship shall not apply when the person called previously has stated that he does not wish to receive telephone solicitation calls as provided in subsection A.

2001, cc. 528, 553; 2004, cc. 202, 224; 2005, c. 296.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-514.1. (Effective until January 1, 2026) Joint liability of seller and telephone solicitor for prohibited acts; rebuttable presumption.
A. A seller on whose behalf or for whose benefit a telephone solicitor makes or initiates a telephone solicitation call in violation of any provision of § 59.1-511, 59.1-512, 59.1-513, or 59.1-514 and the telephone solicitor making or initiating the telephone call shall be jointly and severally liable for such violation.

B. A telephone solicitation call offering or advertising a seller's property, goods, or services shall be presumed to have been made or initiated on behalf of or for the benefit of the seller, whether or not any agency relationship exists between the telephone solicitor and the seller, whether or not the seller supervised or directed the conduct of the telephone solicitor, and whether or not the telephone solicitor is shown to have acted at the seller's direction and request when making or initiating the telephone solicitation call. The presumption may be rebutted if it is shown by clear and convincing evidence that the seller did not retain or request the telephone solicitor to make telephone solicitation calls on the seller's behalf or for the seller's benefit and that the telephone solicitation calls offering or advertising the seller's property, goods, or services were made by the telephone solicitor without the seller's knowledge or consent.

2019, cc. 256, 264.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-515. Individual action for damages.
A. Any natural person who is aggrieved by a violation of this chapter shall be entitled to initiate an action against any responsible person to enjoin such violation and to recover from any responsible person damages in the amount of $500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation.

B. If the court finds a willful violation, the court may, in its discretion, increase the amount of any damages awarded for a first or second violation under subsection A to an amount not exceeding $5,000.

C. Notwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person may be awarded under subsection A or B reasonable attorney fees and court costs.

D. An action for damages, attorney fees, and costs brought under this section may be filed in an appropriate general district court or small claims court against any responsible person so long as the amount claimed does not exceed the jurisdictional limits set forth in § 16.1-77 or 16.1-122.2, as applicable. Any action brought under this section that includes a request for an injunction shall be filed in an appropriate circuit court.

2001, cc. 528, 553; 2019, cc. 256, 264; 2020, cc. 263, 607.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-516. Investigative authority.
Whenever the Attorney General has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of this chapter, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply mutatis mutandis to civil investigative demands issued pursuant to this section.

2001, cc. 528, 553; 2019, cc. 256, 264.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-517. Enforcement; civil penalties.
A. The Attorney General, an attorney for the Commonwealth, or the attorney for any locality may cause an action to be brought in the name of the Commonwealth or of the locality, as applicable, to enjoin any violation of this chapter by any responsible person and to recover from any responsible person damages for aggrieved persons in the amount of $500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation.

B. If the court finds a willful violation, the court may, in its discretion, also assess against any responsible person a civil penalty of not more than $5,000 for each such violation.

C. In any action brought under this section, the Attorney General, the attorney for the Commonwealth, or the attorney for the locality may recover reasonable expenses incurred by the state or local agency in investigating and preparing the case, and attorney fees.

D. Any civil penalties assessed under subsection B in an action brought in the name of the Commonwealth shall be paid into the Literary Fund. Any civil penalties assessed under subsection B in an action brought in the name of a locality shall be paid into the general fund of the locality.

2001, cc. 528, 553; 2019, cc. 256, 264; 2020, cc. 263, 607.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-518. Effect on other remedies, causes of action or penalties.
Nothing in this chapter shall be construed to limit any remedies, causes of action or penalties available to any person or governmental agency under any other federal or state law.

2001, cc. 528, 553.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44 (VIRGINIA TELEPHONE PRIVACY PROTECTION ACT)
§ 59.1-518.01. Communication with state agencies.
The Attorney General shall establish ongoing communication with the Department for Aging and Rehabilitative Services to ensure that adults, as defined in § 63.2-1603, have access to information regarding the prevention of potential patterns of financial exploitation. The Attorney General shall coordinate with the Commissioner of the Department for Aging and Rehabilitative Services to determine an effective and efficient manner of communicating such information, while also ensuring that confidential or privileged information is not exchanged.

2020, c. 939.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44.1 (AUTOMATIC DIALING-ANNOUNCING DEVICES)
§ 59.1-518.1. Definitions.
As used in this chapter:

"Automatic dialing-announcing device" means a device that (i) selects and dials telephone numbers and (ii) working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called.

"Caller" means a person that attempts to contact, or contacts, a subscriber in the Commonwealth by using a telephone or telephone line.

"Commercial telephone solicitation" means any unsolicited call to a subscriber when (i) the person initiating the call has not had a prior business or personal relationship with the subscriber and (ii) the purpose of the call is to solicit the purchase or the consideration of the purchase of goods or services by the subscriber. The term does not include calls initiated by the Commonwealth or a political subdivision for exclusively public purposes.

"Subscriber" means (i) a person who has subscribed to telephone service from a telephone company or (ii) other persons living or residing with the person.

2009, c. 699.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44.1 (AUTOMATIC DIALING-ANNOUNCING DEVICES)
§ 59.1-518.2. When automatic dialing-announcing devices prohibited.
A caller shall not use an automatic dialing-announcing device in connection with making a commercial telephone solicitation unless:

1. The subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message, or

2. The message is immediately preceded by a live operator who, after disclosing (i) the name of the entity sending the message, (ii) the purpose of the message, (iii) the kinds of goods or services the message is promoting, and (iv), if applicable, the fact that the message intends to solicit payment or the commitment of funds, obtains the subscriber's consent before the commercial telephone solicitation is delivered.

2009, c. 699.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44.1 (AUTOMATIC DIALING-ANNOUNCING DEVICES)
§ 59.1-518.3. Disconnect requirement.
A caller shall not use an automatic dialing-announcing device or other device that disseminates a prerecorded or synthesized voice message to the telephone number called unless the device is designed and operated to disconnect, disengage, or terminate within five seconds after the party called terminates the telephone call by any method that is in accordance with normal operating procedures of his telephone receiver.

2009, c. 699.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 44.1 (AUTOMATIC DIALING-ANNOUNCING DEVICES)
§ 59.1-518.4. Violations of chapter; penalty.
Any violation of the provisions of this chapter shall constitute a prohibited practice pursuant to the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

2009, c. 699.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 45 (THE AMUSEMENT DEVICE RIDER SAFETY ACT)
§ 59.1-519. Definitions.
As used in this chapter:

"Amusement device" means (i) a device or structure open to the public by which persons are conveyed or moved in an unusual manner for diversion and (ii) a device suspended in the air by the use of steel cables, chains, belts, or ropes, and usually supported by trestles or towers with one or more spans, also known as a passenger tramway, used to transport passengers uphill.

"Operator" means the entity listed as operator on the Certificate of Inspection issued for the amusement device pursuant to § 36-98.3 and the regulations promulgated pursuant thereto.

"Owner" means the entity listed as owner on the Certificate of Inspection issued for the amusement device pursuant to § 36-98.3 and the regulations promulgated pursuant thereto.

"Parent or guardian" means any parent, guardian, legal custodian or other person having immediate control or charge of a child.

"Rider" means any person who is (i) waiting in the immediate vicinity to get on an amusement device; (ii) getting on an amusement device; (iii) using an amusement device; (iv) getting off an amusement device; or (v) leaving an amusement device and still in its immediate vicinity. "Rider" does not include employees, agents, or servants of the owner or operator of the amusement device while engaged in the duties of their employment.

2002, c. 788.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 45 (THE AMUSEMENT DEVICE RIDER SAFETY ACT)
§ 59.1-520. Rider conduct; reports.
A. A rider, or his parent or guardian on a rider's behalf, shall report in writing to the owner or operator any injury sustained on an amusement device before leaving the owner's or operator's premises, or, if the parent or guardian is not present, then as soon as reasonably possible, including (i) the name, address, and phone number of the injured person; (ii) a full description of the incident, the injuries claimed, any treatment received, and the location, date, and time of the injury; (iii) the cause of the injury, if known; and (iv) the names, addresses, and phone numbers of any witnesses to the incident, if known by the rider or his parent or guardian. If the rider, or his parent or guardian on a rider's behalf, is unable to file a report because of the severity of his injuries, he shall file the report as soon as reasonably possible. The failure of a rider, or his parent or guardian on a rider's behalf, to report an injury under this subsection shall have no effect on the rider's right to commence a civil action.

B. A rider shall:

1. Obey the posted rules, warnings, and oral instructions for an amusement device issued by the owner, operator or an employee or agent of the owner or operator; and

2. Not intentionally act in any manner that may cause or contribute to injuring the rider or others, including:

a. Interfering with safe operation of the amusement device;

b. Failing to engage any safety devices that are provided;

c. Disconnecting or disabling a safety device except at the express instruction of the owner's or operator's agent or employee;

d. Altering or enhancing the intended speed, course, or direction of an amusement device;

e. Using the controls of an amusement device designed solely to be operated by the owner's or operator's agent or employee;

f. Throwing, intentionally dropping, or intentionally expelling an object from or toward an amusement device;

g. Getting on or off an amusement device except at the designated time and area, if any, at the direction of the owner's or operator's agent or employee, or in an emergency;

h. Not reasonably controlling the speed or direction of the rider or an amusement device that requires the rider to control or direct himself on a ride; and

i. Overloading an amusement device beyond its posted capacity.

2002, c. 788.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 45 (THE AMUSEMENT DEVICE RIDER SAFETY ACT)
§ 59.1-521. Duty of parent or guardian.
Parents or guardians of a rider shall have a duty to ensure that the rider complies with all provisions of this chapter.

2002, c. 788.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 45 (THE AMUSEMENT DEVICE RIDER SAFETY ACT)
§ 59.1-522. Owner or operator duty to post.
A. The owner or operator shall post signs stating "State law requires riders to obey all warnings and directions and behave in a manner that will not cause or contribute to injuring themselves or others. Riders shall report all injuries before leaving."

B. Such signs shall be posted at (i) any station designated for reporting an injury, (ii) any first aid station, and (iii) every entrance or exit to or from the premises designated for riders or any area or structure at which riders may purchase admission or obtain authority to use an amusement device.

2002, c. 788.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 45 (THE AMUSEMENT DEVICE RIDER SAFETY ACT)
§ 59.1-523. Enforcement; civil penalties; limitation.
A. Enforcement of the provisions of this chapter may be brought only as follows:

1. Any law-enforcement officer may issue a summons for a violation of this chapter; and

2. The attorney for the county, city or town in which the alleged violation occurred may bring an action to recover the civil penalty authorized by subsection B.

B. Except for the failure to report an injury, any person who violates the provisions of this chapter may be subject to a civil penalty in an amount not to exceed $500. Such penalty shall be paid into the local treasury.

2002, c. 788.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 45 (THE AMUSEMENT DEVICE RIDER SAFETY ACT)
§ 59.1-524. Common law doctrines not affected.
Nothing in this chapter shall be construed to repeal or diminish in any respect common law doctrines, which shall continue in full force and effect nor shall a violation of this chapter constitute negligence per se in any civil action.

2002, c. 788.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 46 (VIRGINIA POST-DISASTER ANTI-PRICE GOUGING ACT)
§ 59.1-525. Title.
This chapter may be cited as the Virginia Post-Disaster Anti-Price Gouging Act.

2004, cc. 798, 817.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 46 (VIRGINIA POST-DISASTER ANTI-PRICE GOUGING ACT)
§ 59.1-526. Definitions.
As used in this chapter:

"Consumer transaction,""goods," and "services," have the same meanings as are set forth for those terms in § 59.1-198. However, "consumer transaction" also includes transactions involving the advertisement, sale, lease, license, or offering for sale, lease, or license of goods or services to be used for business purposes and the advertisement, sale, lease, license, or contract of employment services to be provided or procured for business purposes.

"Disaster" means any "disaster," "emergency," or "major disaster," as those terms are used and defined in § 44-146.16, that results in the declaration of a state of emergency by the Governor or the President of the United States.

"Necessary goods and services" means any necessary good or service for which consumer demand does, or is likely to, increase as a consequence of the disaster, and includes water, ice, consumer food items or supplies, property or services for emergency cleanup, emergency supplies, communication supplies and services, medical supplies and services, home heating fuel, building materials and services, tree removal supplies and services, freight, storage services, housing, lodging, transportation, and motor fuels.

"Supplier" means a seller, lessor, licensor, or professional who advertises, solicits, or engages in consumer transactions, or a manufacturer, distributor, or licensor who sells, leases, or licenses goods or services to be resold, leased, or sublicensed by other persons in consumer transactions. However, a manufacturer, distributor, or licensor who sells, leases, or licenses agricultural goods or services to be resold, leased, or sublicensed by other persons in consumer transactions shall not be considered a "supplier" unless such manufacturer, distributor, or licensor advertises such agricultural goods or services.

"Time of disaster" means the longer of (i) the period of time when a state of emergency declared by the Governor or the President of the United States as the result of a disaster, emergency, or major disaster, as those terms are used and defined in § 44-146.16, is in effect or (ii) 30 days after the occurrence of the disaster, emergency, or major disaster that resulted in the declaration of the state of emergency; however, if the state of emergency is extended or renewed within 30 days after such an occurrence, then such period shall be extended to include the 30 days following the date the state of emergency was extended or renewed.

2004, cc. 798, 817; 2006, c. 362; 2008, cc. 121, 157; 2020, Sp. Sess. I, c. 16; 2024, c. 549.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 46 (VIRGINIA POST-DISASTER ANTI-PRICE GOUGING ACT)
§ 59.1-527. Prohibitions.
During any time of disaster, it shall be unlawful for any supplier to sell, lease, or license, or to offer to sell, lease, or license, any necessary goods and services at an unconscionable price within the area for which the state of emergency is declared. Actual sales at the increased price shall not be required for the increase to be considered unconscionable. In determining whether a price increase is unconscionable, the following shall be considered:

1. Whether the price charged by the supplier grossly exceeded the price charged by the supplier for the same or similar goods or services during the 10 days immediately prior to the time of disaster, provided that, with respect to any supplier who was offering a good or service at a reduced price immediately prior to the time of disaster, the price at which the supplier usually offers the good or service shall be used as the benchmark for these purposes;

2. Whether the price charged by the supplier grossly exceeded the price at which the same or similar goods or services were readily obtainable by purchasers in the trade area during the 10 days immediately prior to the time of disaster;

3. Whether the increase in the amount charged by the supplier was attributable solely to additional costs incurred by the supplier in connection with the sale of the goods or services, including additional costs imposed by the supplier's source. Proof that the supplier incurred such additional costs during the time of disaster shall be prima facie evidence that the price increase by that supplier was not unconscionable; and

4. Whether the increase in the amount charged by the supplier was attributable solely to a regular seasonal or holiday adjustment in the price charged for the good or service. Proof that the supplier regularly increased the price for a particular good or service during portions of the period covered by the time of disaster would be prima facie evidence that the price increase was not unconscionable during those periods.

2004, cc. 798, 817; 2020, Sp. Sess. I, c. 16.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 46 (VIRGINIA POST-DISASTER ANTI-PRICE GOUGING ACT)
§ 59.1-528. Complaint investigations.
In the event that the Attorney General, any attorney for the Commonwealth, or the attorney for any county, city, or town investigates a complaint for a violation of § 59.1-527 and determines that the supplier has not violated the section, and if the supplier requests, the Attorney General, any attorney for the Commonwealth, or the attorney for any county, city, or town shall promptly issue a signed statement indicating that a violation of § 59.1-527 has not been found. Subject to the disclosures allowed by this section, it shall be the duty of the Attorney General, the attorney for the Commonwealth, or the attorney for any city, county or town, or their designees, that investigates any complaint for violation of § 59.1-527 to maintain the confidentiality of all evidence, testimony, documents, or other results of such investigations, including the names of the complainant, and the individual, corporation or other entity that is the subject of the investigation. Nothing herein contained shall be construed to prevent the presentation and disclosure of any such investigative evidence in an action or proceeding brought under this chapter.

2004, cc. 798, 817.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 46 (VIRGINIA POST-DISASTER ANTI-PRICE GOUGING ACT)
§ 59.1-529. Enforcement; penalties.
Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of Chapter 17 (§ 59.1-196 et seq.) of this title, except that § 59.1-204 notwithstanding, nothing in this chapter shall create a private cause of action in favor of any person aggrieved by a violation of this chapter.

2004, cc. 798, 817.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 46 (VIRGINIA POST-DISASTER ANTI-PRICE GOUGING ACT)
§ 59.1-529.1. Emergency orders; penalties.
A. Upon finding that during a time of disaster a supplier is selling, leasing, or licensing, or offering to sell, lease, or license, a necessary good or service within the area for which the state of emergency is declared at such an unconscionable price that such selling, leasing, or licensing, or offering to sell, lease, or license presents an imminent and substantial danger of endangering the public welfare by creating public panic, the Governor is authorized to issue for a period not to exceed 30 days, without hearing, an emergency order directing the supplier to reduce the price of the necessary good or service to the prevailing price in the local market. The confidentiality of all evidence, testimony, documents, or other results of investigations leading to issuance of the emergency order, including the names of the complainant and the person that is the subject of the investigation, shall be maintained.

B. The supplier to whom such emergency order is issued shall be notified by certified mail, return receipt requested, sent to the last known address of the supplier, and by personal delivery by an agent of the Governor.

C. If the supplier who has been issued such an emergency order is not complying with the terms thereof, the Governor shall notify the Attorney General, who shall immediately investigate as provided for under this chapter.

2006, c. 451.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 47 (Gift Certificate Disclosures)
§ 59.1-530. Definitions.
As used in this chapter, unless the context clearly requires otherwise:

"Dormancy fee" or "inactivity charge or fee" means any fee, charge, or penalty for non-use or inactivity of a gift certificate.

"General use prepaid card" means a card or other payment code or device issued by any person that is (i) redeemable at multiple, unaffiliated merchants or service providers, or automated teller machines; (ii) issued in a requested amount, whether or not that amount may, at the option of the issuer, be increased in value or reloaded if requested by the holder; (iii) purchased or loaded on a prepaid basis; and (iv) honored, upon presentation, by merchants for goods or services or at automated teller machines.

"Gift certificate" or "certificate" means a certificate, electronic card, or other medium issued by a merchant that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card, or other medium for goods, food, services, credit, or money of at least an equal value, including any electronic card issued by a merchant with a banked dollar value where the issuer has received payment for the full banked dollar value for the future purchase, or delivery, of goods or services and any certificate issued by a merchant where the issuer has received payment for the full face value of the certificate for future purchases, or delivery, of goods or services. "Gift certificate" includes general use prepaid cards.

"Merchant" means an owner or operator of any mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator.

"Service fee" means a periodic fee, charge, or penalty for holding or using a gift certificate. With respect to a general use prepaid card, "service fee" does not include a one-time initial issuance fee.

2005, cc. 269, 303; 2025, c. 629.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 47 (Gift Certificate Disclosures)
§ 59.1-531. Required disclosures.
A. Each gift certificate issued by a merchant in the Commonwealth that has an expiration date shall include either (i) a statement of the expiration date of the certificate or (ii) a telephone number or Internet address where the holder of the certificate may obtain information regarding the expiration date of the certificate.

B. Each gift certificate issued by a merchant in the Commonwealth that diminishes in value over time shall include a telephone number or Internet address where the holder of the certificate may obtain information regarding the diminution in the value of the certificate over time.

C. No gift certificate issued by a merchant in the Commonwealth shall impose a dormancy fee, an inactivity charge or fee, or a service fee, unless the gift certificate is distributed pursuant to an award, loyalty, or promotional program, and with respect to which there is no other money or value exchanged.

D. The information required by subsections A and B shall be clearly and permanently imprinted on the certificate.

2005, cc. 269, 303; 2025, c. 629.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 47 (Gift Certificate Disclosures)
§ 59.1-532. Enforcement; penalties.
Any violation of the provisions of this chapter shall constitute a prohibited practice pursuant to the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of Chapter 17 (§ 59.1-196 et seq.) of this title.

2005, cc. 269, 303.