dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 36 (The Virginia Travel Club Act)
§ 59.1-451. Investigations.
A. The Commissioner may, with respect to a travel club or travel services agreements:

1. Make necessary public and private investigations within or without this Commonwealth to determine whether any person has violated, or is about to violate, the provisions of this chapter or any rule, regulation, or order issued pursuant to this chapter;

2. Require or permit any person to file a statement in writing, under oath or otherwise as the Commissioner determines, as to all facts and circumstances concerning the matter under investigation; and

3. Administer oaths or affirmations and, upon motion or upon request of any party, may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter that is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things; the identity and location of persons having knowledge of relevant facts; or any other matter reasonably calculated to lead to the discovery of material evidence.

B. Any proceeding or hearing of the Commissioner pursuant to this chapter, in which witnesses are subpoenaed and their attendance required for evidence to be taken, or any matter produced to ascertain material evidence shall take place within the City of Richmond.

C. If any person fails to obey the subpoena or to answer questions propounded by the Commissioner and upon reasonable notice to all persons affected thereby, the Commissioner may apply to the Circuit Court of the City of Richmond for an order compelling compliance.

1993, c. 760.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 36 (The Virginia Travel Club Act)
§ 59.1-452. Production of records.
Every travel club, upon written request of the Commissioner, shall make available to the Commissioner its travel-services records for inspection and copying to enable the Commissioner to reasonably determine compliance with this chapter. Every club promoter shall maintain a true copy of each agreement between the travel club and a purchaser, and such agreement shall be maintained for its term plus two years.

1993, c. 760.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 36 (The Virginia Travel Club Act)
§ 59.1-453. Exemptions.
This chapter shall not apply to:

1. Any agreement which meets the definition of "contract" under, and is subject to, the provisions of the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.) or the Virginia Membership Camping Act (§ 59.1-311 et seq.); or

2. An "exchange program" as defined by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.) and offered by an exchange company registered under the Virginia Real Estate Time-Share Act; or

3. [Expired.]

4. A "product" as defined in the Virginia Real Estate Time-Share Act which is registered in accordance with its provisions.

1993, c. 760; 1994, c. 482.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 36 (The Virginia Travel Club Act)
§ 59.1-454. Violations of chapter; penalty.
Any violation of the provisions of this chapter or any travel services agreement executed therewith 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.).

1993, c. 760.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 37 (CONTRACTS; INDEPENDENT SALES REPRESENTATIVES)
§ 59.1-455. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Commission" means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the total dollar amount of orders or sales or as a specified amount per order or per sale.

"Principal" means a person who manufactures, produces, imports or distributes a product for wholesale and who contracts with a sales representative to solicit orders or sales for such product and compensates the sales representative, in whole or in part, by commission.

"Sales representative" means a person other than an employee who contracts with a principal to solicit wholesale orders or sales and who is compensated, in whole or in part, by commission, but shall not include a person who purchases exclusively for his own account for resale.

1993, c. 736.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 37 (CONTRACTS; INDEPENDENT SALES REPRESENTATIVES)
§ 59.1-456. Contracts between principals and sales representatives.
When a principal contracts with a sales representative to solicit wholesale orders within this Commonwealth, such contract shall (i) be in writing, (ii) disclose the method by which the commission is to be computed and paid, (iii) disclose the territory of the sales representative and whether such territory is exclusive, (iv) be signed by the principal and the sales representative, and (v) be provided to the sales representative.

1993, c. 736.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 37 (CONTRACTS; INDEPENDENT SALES REPRESENTATIVES)
§ 59.1-457. Payment of sales commission.
A. Every sales representative shall be paid the earned commission and all other compensation earned or payable in accordance with the terms of the contract.

B. When a contract between a principal and a sales representative is terminated, for any reason, except by mutual agreement, all earned commissions shall be paid within a period specified in the contract, but in no event shall such period exceed thirty days from the date of termination or, in the case of orders processed subsequent to termination, thirty days from shipment. Such commission and other compensation shall be paid to the sales representative at the usual place of payment unless the sales representative requests that the commission be sent to him through regular mail. If the commission is sent through regular mail, it is deemed to have been paid for purposes of this subsection on the date that it is postmarked.

1993, c. 736.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 37 (CONTRACTS; INDEPENDENT SALES REPRESENTATIVES)
§ 59.1-458. Waiver prohibited.
Any provision of any agreement intending to waive the rights of any party to any provision of this chapter shall be void.

1993, c. 736.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 37 (CONTRACTS; INDEPENDENT SALES REPRESENTATIVES)
§ 59.1-459. Absence of contract not affirmative defense.
The failure to execute a contract as required by § 59.1-456 shall not constitute an affirmative defense in any action relating to the provisions of this chapter.

1993, c. 736.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38 (VIRGINIA MUSIC LICENSING FEES ACT)
§ 59.1-460. Definitions.
As used in this chapter:

"Copyright owner" means the owner of a copyright of a nondramatic musical or similar work recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, P.L. 94-553 (17 U.S.C. § 101 et seq.).

"Performing rights society" means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc.

"Proprietor" means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in the Commonwealth in which the public may assemble and in which nondramatic musical works or similar copyrighted works may be performed, broadcast, or otherwise transmitted for the enjoyment of members of the public there assembled.

"Royalty" or "royalties" means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar works.

1995, c. 648.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38 (VIRGINIA MUSIC LICENSING FEES ACT)
§ 59.1-461. Notice and schedule to be provided.
No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later than seventy-two hours prior to the execution of that contract, it provides to the proprietor, in writing, notice that such performing rights society:

1. Has filed for public inspection, within the previous twelve months, with the State Corporation Commission (i) a certified copy of each form of performing rights contract or license agreement providing for the payment of royalties made available from such performing rights society to any Virginia proprietor; (ii) the most current available list of such performing rights society's members or affiliates; and (iii) the most current available listing of the copyrighted musical works in such performing rights society's repertory;

2. Will make available, upon request, to any proprietor, by electronic means or otherwise, information as to whether specific copyrighted musical works are in its repertory;

3. Will make available, upon written request of any proprietor, any of the information referred to in subdivision 1 of this section, at the sole expense of the proprietor, provided that such notice shall specify the means by which such information can be secured; and

4. Complies with federal law and orders of courts having appropriate jurisdiction regarding the rates and terms of royalties and the circumstances under which licenses for rights of public performance are offered to any proprietor.

1995, c. 648.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38 (VIRGINIA MUSIC LICENSING FEES ACT)
§ 59.1-462. Royalty contract requirements.
Every contract for the payment of royalties between a proprietor and a performing rights society executed, issued or renewed in the Commonwealth on or after July 1, 1995, shall be:

1. In writing;

2. Signed by the parties;

3. Written to include, at a minimum, the following information:

a. The proprietor's name and business address and the name and location of each place of business to which the contract applies;

b. The name of the performing rights society;

c. The duration of the contract; and

d. The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of such rates for the duration of the contract.

1995, c. 648.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38 (VIRGINIA MUSIC LICENSING FEES ACT)
§ 59.1-463. Prohibited conduct.
A. No performing rights society or any agent or employee thereof shall:

1. Enter onto the premises of a proprietor's business for the purpose of discussing or inquiring about a contract for the payment of royalties with the proprietor or his employees, without first identifying himself to the proprietor or his employees and making known to them the purpose of the discussion or inquiry;

2. Engage in any coercive conduct, act or practice that is substantially disruptive of a proprietor's business;

3. Use or attempt to use any unfair or deceptive act or practice in negotiating with a proprietor; or

4. Fail to comply with or fulfill the obligations imposed by §§ 59.1-461 and 59.1-462.

B. However, nothing in this chapter shall be construed to prohibit a performing rights society from conducting investigations to determine the existence of music use by a proprietor or informing a proprietor of the proprietor's obligation under the U.S. Copyright Law, Title 17 of the United States Code.

1995, c. 648.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38 (VIRGINIA MUSIC LICENSING FEES ACT)
§ 59.1-464. Remedies; injunction.
Any person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney's fees and seek an injunction or any other remedy available at law or in equity.

1995, c. 648.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38 (VIRGINIA MUSIC LICENSING FEES ACT)
§ 59.1-465. Remedies cumulative.
The rights, remedies and prohibitions contained in this chapter shall be in addition to and cumulative of any other right, remedy or prohibition accorded by common law, federal law or the statutes of the Commonwealth, and nothing contained herein shall be construed to deny, abrogate or impair any such common law or statutory right, remedy or prohibition.

1995, c. 648.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38 (VIRGINIA MUSIC LICENSING FEES ACT)
§ 59.1-466. Exceptions.
This chapter shall not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission, or to contracts with cable operators, programmers or other transmission services. Nor shall this chapter apply to musical works performed in synchronization with an audio/visual film or tape, or to the gathering of information for determination of compliance with or activities related to the enforcement of Chapter 3.1 (§ 59.1-41.1 et seq.) of Title 59.1.

1995, c. 648.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38.1 (TRUTH IN MUSIC ADVERTISING ACT)
§ 59.1-466.1. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Performing group" means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.

"Recording group" means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.

"Sound recording" means a work that results from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a disk, tape, or other phono-record, in which the sounds are embodied.

2007, c. 261.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38.1 (TRUTH IN MUSIC ADVERTISING ACT)
§ 59.1-466.2. Production.
It shall be unlawful for any performer or performing group, or its agent, to advertise or conduct a live musical performance or production in the Commonwealth through the use of an affiliation, connection, or association, known to be false, deceptive or misleading, with the intent to defraud the public, between a performing group and a recording group. The provisions of this chapter shall not apply if:

1. The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States Patent and Trademark Office;

2. At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group;

3. The live musical performance or production is identified in all advertising and promotion as a salute or tribute, or the name of the vocal or instrumental group performing is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public;

4. The advertising does not relate to a live musical performance or production taking place in the Commonwealth; or

5. The performance or production is expressly authorized by the recording group.

2007, c. 261.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38.1 (TRUTH IN MUSIC ADVERTISING ACT)
§ 59.1-466.3. Restraining prohibited acts.
Whenever an attorney for the Commonwealth has reason to believe that any performer or performing group, or its agent, is advertising or conducting, or is about to advertise or conduct, a live musical performance or production in violation of § 59.1-466.2 and that proceedings would be in the public interest, the attorney for the Commonwealth may bring an action in the name of the Commonwealth against the person to restrain by temporary or permanent injunction that practice.

2007, c. 261.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38.1 (TRUTH IN MUSIC ADVERTISING ACT)
§ 59.1-466.4. Penalty.
Any performer or performing group, or its agent, who violates § 59.1-466.2 shall be liable to the Commonwealth for a civil penalty of not less than $5,000 nor more than $15,000 per violation, which civil penalty shall be in addition to any other relief that may be granted under § 59.1-466.3. The civil penalty collected pursuant to this section shall be payable to the State Treasurer for deposit to the general fund. Each performance or production declared unlawful by § 59.1-466.2 shall constitute a separate violation. Nothing in this section shall be construed as affecting any private cause of action that may exist under Virginia law.

2007, c. 261.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38.2 (TICKET RESALE RIGHTS ACT)
§ 59.1-466.5. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Event" means any professional concert, live entertainment event, professional sporting or athletic event, or professional theatrical production open to the public for which tickets are ordinarily sold.

"Internet ticketing platform" means a marketplace or exchange that enables consumers to purchase and sell tickets to events.

"Operator" means a person or subsidiary thereof that owns, operates, or controls a place of entertainment.

"Primary ticket provider" means a provider of ticketing services, or an agent of such provider, that engages in the original sale of tickets for an event.

"Purchaser" means an individual who purchases a ticket to an event.

"Resale" means the sale of a ticket other than the original sale of a ticket by a primary ticket provider.

"Reseller" means a person that sells or offers to sell tickets for resale.

"Rights holder" means any person or entity that has the initial ownership rights to sell a ticket to an event for which tickets for entry by the public are required and does not include a primary ticket provider unless the primary ticket provider is also the rights holder.

"URL" means the Uniform Resource Locator associated with an online website.

2017, cc. 261, 268; 2023, cc. 304, 305.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38.2 (TICKET RESALE RIGHTS ACT)
§ 59.1-466.6. Ticket resale limitations; prohibition; exception.
A. No person that issues tickets for admission to an event shall issue any such ticket solely through a delivery method that substantially prevents the purchaser of the ticket from lawfully reselling the ticket on the Internet ticketing platform of the ticket purchaser's choice.

B. No person shall be discriminated against or denied admission to an event solely on the basis that the person resold a ticket, or purchased a resold ticket, on a specific Internet ticketing platform.

C. This section shall not apply to (i) student tickets issued for an event at an auxiliary enterprise facility financed with bonds issued under Article X, Section 9(d) of the Constitution of Virginia and supported in part by student fees or (ii) any concert or theater venue located within or adjacent to a national park that offers yearly memberships that include concert or theater tickets as part of the membership benefit.

2017, cc. 261, 268.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38.2 (TICKET RESALE RIGHTS ACT)
§ 59.1-466.7. Enforcement; penalties.
A. The Attorney General may cause an action to be brought in the name of the Commonwealth to enjoin any violation of § 59.1-466.6 by any person and to recover a civil penalty in the amount of not less than $1,000 nor more than $5,000 for each such violation. Civil penalties paid pursuant to this section shall be deposited to the Literary Fund.

B. In an action brought under this section, the Attorney General may recover damages and such other relief allowed by law, including restitution on behalf of consumers injured by violations of § 59.1-466.6.

C. In an action brought under this section, the Attorney General may recover reasonable expenses incurred in investigating and preparing the case, and attorneys' fees.

D. 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 § 59.1-466.6, 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.

E. Nothing in this section shall be construed as affecting any private cause of action that may exist under any law of the Commonwealth.

2017, cc. 261, 268.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 38.2 (TICKET RESALE RIGHTS ACT)
§ 59.1-466.8. Ticket resale; deceptive trade practices prohibited.
No Internet ticketing platform or reseller shall (i) use or display any trademarked or copyrighted URL, title, designation, image, mark, or any other symbol of an operator, rights holder, or primary ticket provider without the consent of such operator, rights holder, or primary ticket provider or (ii) use or display any combination of text, images, website graphics, website display, or website addresses that is substantially similar to the website of an operator in a manner that could reasonably be expected to mislead a potential purchaser.

2023, cc. 304, 305.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 39 (ELECTRONIC SIGNATURES [Repealed])
§ 59.1-467. Repealed.
Repealed by Acts 2000, c. 995, cl. 2.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 4 (MISREPRESENTATIONS AND OTHER OFFENSES CONNECTED WITH SALES [Repealed])
§ 59.1-42. Repealed.
Repealed by Acts 1975, c. 589.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 4.1 (REMEDIES FOR VIOLATIONS OF PRECEDING CHAPTERS AND CHAPTER 6, ARTICLE 8, OF TITLE 18.2)
§ 59.1-68.2. Authority of Attorney General.
Notwithstanding any other provisions of the law to the contrary, the Attorney General may investigate and bring an action in the name of the Commonwealth to enjoin any violation of Chapters 2.1 (§ 59.1-21.1 et seq.) through 3.1 (§ 59.1-41.1 et seq.) and of Article 8 (§ 18.2-214 et seq.), Chapter 6 of Title 18.2.

1970, c. 780; 1973, c. 537; 1975, c. 43; 1984, c. 582.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 4.1 (REMEDIES FOR VIOLATIONS OF PRECEDING CHAPTERS AND CHAPTER 6, ARTICLE 8, OF TITLE 18.2)
§ 59.1-68.3. Action for damages or penalty for violation of Article 8, Chapter 6 of Title 18.2 or Chapter 2.1 of Title 59.1; attorney's fees.
Any person who suffers loss as the result of a violation of Article 8 (§ 18.2-214 et seq.), Chapter 6 of Title 18.2 or Chapter 2.1 (§ 59.1-21.1 et seq.) of Title 59.1 shall be entitled to bring an individual action to recover damages, or $100, whichever is greater. Certified copies of the transcript and exhibits in evidence in any final proceeding in which the Attorney General has obtained a permanent injunction for a violation of Article 8, Chapter 6 of Title 18.2 or Chapter 2.1 of Title 59.1 shall be admissible in evidence in any action brought pursuant to this section by any person claiming damage as a result of the enjoined conduct. Notwithstanding any other provision of law to the contrary, in addition to the damages recovered by the aggrieved party, such person may be awarded reasonable attorney's fees.

1973, c. 537; 1975, c. 43; 1976, c. 87.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 4.1 (REMEDIES FOR VIOLATIONS OF PRECEDING CHAPTERS AND CHAPTER 6, ARTICLE 8, OF TITLE 18.2)
§ 59.1-68.4. Suits by attorneys for the Commonwealth and city and county attorneys.
Notwithstanding any other provisions of the law to the contrary, any attorney for the Commonwealth, or the attorney for any city or county, may investigate and cause to be brought suit in the name of the Commonwealth, or of the county or city, to enjoin any violation of Chapter 2.1 (§ 59.1-21.1 et seq.) of this title and of Article 8 (§ 18.2-214 et seq.), Chapter 6 of Title 18.2. The court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law. In any action under this section, it shall not be necessary that damages be alleged or proved.

1974, c. 644; 1975, c. 43.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 4.1 (REMEDIES FOR VIOLATIONS OF PRECEDING CHAPTERS AND CHAPTER 6, ARTICLE 8, OF TITLE 18.2)
§ 59.1-68.5. Further provisions as to actions for violation of Article 8, Chapter 6 of Title 18.2.
Any person who suffers loss as the result of a violation of Article 8 (§ 18.2-214 et seq.), Chapter 6 of Title 18.2 shall be entitled to bring an individual action to recover damages, or $100, whichever is greater. Certified copies of the transcript and exhibits in evidence in any final proceeding in which the Commonwealth, or a county or city has obtained a permanent injunction for a violation of Article 8, Chapter 6 of Title 18.2 shall be admissible in evidence in any action brought pursuant to this section by any person claiming damage as a result of the enjoined conduct. Notwithstanding any other provision of law to the contrary, in addition to the damages recovered by the aggrieved party, such person may be awarded reasonable attorney's fees.

1974, c. 644; 1975, c. 43.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 4.2 (CONSPIRACY TO RIG BIDS TO GOVERNMENT)
§ 59.1-68.6. Definitions.
As used in this chapter, unless the text indicates otherwise:

1. "Person" means any individual, firm, partnership or corporation;

2. "Governmental units" means all state agencies and all political subdivisions or agencies thereof;

3. "Bid" means any submission of a price, whether written or oral, for any goods, services or construction to be provided.

1980, c. 471.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 4.2 (CONSPIRACY TO RIG BIDS TO GOVERNMENT)
§ 59.1-68.7. Combinations to rig bids.
A. Any combination, conspiracy or agreement to intentionally rig, alter or otherwise manipulate, or to cause to be rigged, altered or otherwise manipulated any bid submitted to the Commonwealth of Virginia or any governmental unit for the purpose of allocating purchases or sales to or among persons, raising or otherwise fixing the prices of the goods or services, or excluding other persons from dealing with the Commonwealth or any other governmental unit shall be unlawful.

B. Any person violating this section shall be guilty of a Class 6 felony.

1980, c. 471.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 4.2 (CONSPIRACY TO RIG BIDS TO GOVERNMENT)
§ 59.1-68.8. Enforcement.
The Attorney General of Virginia, with respect to state agencies only, shall have concurrent power and authority to investigate and prosecute any violation of § 59.1-68.7. In addition, the attorneys for the Commonwealth of the several counties and cities shall retain the power and authority to prosecute any and all violations of § 59.1-68.7 occurring within their jurisdiction.

1980, c. 471.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 40 (VIRGINIA ASSISTIVE TECHNOLOGY DEVICE WARRANTIES ACT)
§ 59.1-471. Implied warranty; responsibility for repair, return, or replacement.
A. Notwithstanding any other provision of law, in addition to any express warranty furnished by the manufacturer of an assistive device, such manufacturer shall also be deemed to have warranted to any consumer purchasing or leasing such device within this Commonwealth, that for a period of one year from date of first delivery to the consumer (i) the device, when used as intended, will be free from any nonconformity and (ii) any nonconformity will be repaired (parts and labor) by the manufacturer or its agent, without charge to the consumer.

B. If, after reasonable attempt to repair, any nonconformity is not repaired, the manufacturer shall either:

1. Accept return of the nonconforming assistive technology device and refund to the consumer or consumers, to the extent of each consumer's participation in the initial purchase or lease of the device or collateral costs, within fourteen days thereof, (i) the manufacturer's suggested retail price, if available, (ii) the full purchase price of the device, excluding the cost of services associated with the device's initial purchase, together with reasonable collateral costs, or (iii) if the device was leased, all lease payments made through the date of return together with a proportional share of any required deposit; or

2. Accept return of the nonconforming assistive technology device and replace such nonconforming device with one of comparable market value, function and usefulness within thirty days of such request.

1998, cc. 67, 242.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 40 (VIRGINIA ASSISTIVE TECHNOLOGY DEVICE WARRANTIES ACT)
§ 59.1-472. Returned devices; subsequent sale or lease; disclosure.
No assistive device returned due to a nonconformity under the provisions of § 59.1-471 by a consumer or assistive device lessor in this Commonwealth or any other state, may be sold or leased again in this Commonwealth unless full disclosure of the reason for such return is made to any prospective buyer or lessee.

1998, cc. 67, 242.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 40 (VIRGINIA ASSISTIVE TECHNOLOGY DEVICE WARRANTIES ACT)
§ 59.1-473. Legal action or arbitration.
A. The remedies afforded by this chapter are cumulative and not exclusive and shall be in addition to any other legal or equitable remedies otherwise available to the consumer.

B. In addition to any other remedies otherwise available to him, any consumer who suffers loss as a result of any violation of this chapter may bring an action to recover damages. Such damages may also be recovered through the arbitration mechanism described in subsection C.

C. All persons subject to this chapter shall have the option of submitting any disputes arising under the provisions of this chapter to the arbitration mechanism established and administered by the Division of Consumer Counsel of the Department of Law, pursuant to subdivision C 2 of § 2.2-517. Such mechanism shall ensure that the arbitration is conducted by a neutral third party.

1998, cc. 67, 242; 2012, cc. 803, 835.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 40 (VIRGINIA ASSISTIVE TECHNOLOGY DEVICE WARRANTIES ACT)
§ 59.1-474. Certain actions deemed void.
A. Any manufacturer's exclusion or limitation of the implied warranties or consumer remedies prescribed by this chapter shall be deemed void.

B. Any purported waiver of rights to legal action or arbitration by a consumer within an assistive device purchase agreement shall be deemed void.

1998, cc. 67, 242.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 41 (STRUCTURED SETTLEMENT PROTECTION ACT)
§ 59.1-475.1. Required disclosures to payee.
Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, setting forth:

1. The amounts and due dates of the structured settlement payments to be transferred;

2. The aggregate amount of such payments;

3. The discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities," and the amount of the Applicable Federal Rate used in calculating such discounted present value;

4. The gross advance amount;

5. An itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;

6. The effective annual interest rate, which shall be disclosed in a statement in the following form: "On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will in effect be paying interest to us at a rate of _____ percent per year";

7. The net advance amount;

8. The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and

9. A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.

2001, c. 537; 2016, cc. 273, 739.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 41 (STRUCTURED SETTLEMENT PROTECTION ACT)
§ 59.1-476. Approval of transfers of structured settlement payment rights.
No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee or assignee of structured settlement payment rights unless the transfer has been authorized in advance in a final court order based on express findings by such court that:

1. The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;

2. The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived in writing the opportunity to seek and receive such advice; and

3. The transfer does not contravene any applicable statute or the order of any court or other government authority.

1999, c. 993; 2001, c. 537; 2016, cc. 273, 739.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 41 (STRUCTURED SETTLEMENT PROTECTION ACT)
§ 59.1-476.1. Effects of transfer of structured settlement payment rights.
Following issuance of a court order approving a transfer of structured settlement payment rights under this chapter:

1. The structured settlement obligor and the annuity issuer may rely on the court order in redirecting periodic payments to an assignee or transferee in accordance with the order and shall, as to all parties except the transferee or an assignee designated by the transferee, be discharged and released from any and all liability for the redirected payments, and such discharge and release shall not be affected by the failure of any party to the transfer to comply with this chapter or with the order of the court approving the transfer;

2. The transferee shall be liable to the structured settlement obligor and the annuity issuer:

a. If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and

b. For any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the structured settlement obligor or annuity issuer with the order of the court or from the failure of any party to the transfer to comply with this chapter;

3. Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and

4. Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter.

2001, c. 537; 2016, cc. 273, 739.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 41 (STRUCTURED SETTLEMENT PROTECTION ACT)
§ 59.1-477.1. General provisions, construction.
A. Compliance with the provisions of this chapter may not be waived by any payee.

B. Any transfer agreement entered into on or after the effective date of the act of the General Assembly enacting this section by a payee who resides in the Commonwealth shall provide that disputes under such transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of the Commonwealth. No such transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.

C. No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for periodically confirming the payee's survival, and giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.

D. No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of such transfer to satisfy the conditions of this chapter.

E. Nothing contained in this chapter shall be construed to authorize any transfer of structured settlement payment rights in contravention of any law. A court shall not be precluded from hearing an application for approval of a transfer of payment rights under a structured settlement where the terms of the structured settlement prohibit the sale, assignment, or encumbrance of such payment rights, nor shall the interested parties be precluded from waiving or asserting their rights under those terms. The provisions of this chapter shall not be applicable to transfers of workers' compensation claims, awards, benefits, settlements or payments made or payable pursuant to Title 65.2.

F. Compliance with the requirements set forth in § 59.1-475.1 and fulfillment of the conditions set forth in §§ 59.1-476 and 59.1-477 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any other liability arising from, non-compliance with such requirements or failure to fulfill such conditions.

2001, c. 537; 2006, c. 786; 2016, cc. 273, 739.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 42 (FINGERPRINTING IN CONNECTION WITH BUSINESS TRANSACTION)
§ 59.1-478. Fingerprinting in connection with business, commercial or financial transaction.
Whenever any person requires another to furnish a fingerprint or fingerprints in conjunction with any business, commercial or financial transaction, unless the parties otherwise agree, within twenty-one days of the transaction's completion or termination the original record of such prints and all copies of such prints, including electronic or facsimile copies shall be (i) returned to the person providing such prints or (ii) destroyed by the person requiring and obtaining such prints.

The provisions of this section shall not apply in the case of fingerprints affixed to instruments governed by Titles 8.3A and 8.4.

1999, c. 715.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 42.1 (UNIFORM ELECTRONIC TRANSACTIONS ACT)
§ 59.1-479. Title.
This chapter may be cited as the "Uniform Electronic Transactions Act."

2000, c. 995.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 42.1 (UNIFORM ELECTRONIC TRANSACTIONS ACT)
§ 59.1-481. Scope.
(a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction.

(b) This chapter does not apply to a transaction to the extent it is governed by:

(1) A law governing the creation and execution of wills, codicils, or testamentary trusts; and

(2) Title 8.1A except § 8.1A-306, Title 8.3A, Title 8.4, Title 8.4A, Title 8.5A, Title 8.7, Title 8.8A, Title 8.9A, Title 8.10, and Title 8.11.

(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) to the extent it is governed by law other than those specified in subsection (b).

(d) A transaction subject to this chapter is also subject to other applicable substantive law.

2000, c. 995; 2001, c. 86; 2003, c. 353; 2011, c. 369.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 42.1 (UNIFORM ELECTRONIC TRANSACTIONS ACT)
§ 59.1-482. Prospective application.
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this chapter.

2000, c. 995.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 42.1 (UNIFORM ELECTRONIC TRANSACTIONS ACT)
§ 59.1-483. Use of electronic records and electronic signatures; variation by agreement.
(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

(b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. Except for a separate and optional agreement the primary purpose of which is to authorize a transaction to be conducted by electronic means, an agreement to conduct a transaction electronically may not be contained in a standard form contract unless that term is conspicuously displayed and separately consented to. An agreement to conduct a transaction electronically may not be inferred solely from the fact that a party has used electronic means to pay an account or register a purchase warranty. This subsection may not be varied by agreement.

(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.

(d) Except as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement. The presence in this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.

(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.

2000, c. 995.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 42.1 (UNIFORM ELECTRONIC TRANSACTIONS ACT)
§ 59.1-484. Construction and application.
This chapter shall be construed and applied to:

(1) Facilitate electronic transactions consistent with other applicable law;

(2) Be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

(3) Effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

2000, c. 995.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 42.1 (UNIFORM ELECTRONIC TRANSACTIONS ACT)
§ 59.1-485. Legal recognition of electronic records, electronic signatures, and electronic contracts.
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(c) If a law requires a record to be in writing, an electronic record satisfies the law.

(d) If a law requires a signature, or provides for certain consequences in the absence of a signature, an electronic signature satisfies the law.

2000, c. 995.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 42.1 (UNIFORM ELECTRONIC TRANSACTIONS ACT)
§ 59.1-486. Provision of information in writing; presentation of records.
(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

(b) If a law other than this chapter requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply:

(1) The record shall be posted or displayed in the manner specified in the other law.

(2) Except as otherwise provided in subsection (d) (2), the record shall be sent, communicated, or transmitted by the method specified in the other law.

(3) The record shall contain the information formatted in the manner specified in the other law.

(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

(d) The requirements of this section may not be varied by agreement, except:

(1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and

(2) A requirement under a law other than this chapter to send, communicate, or transmit a record by United States mail, may be varied by agreement to the extent permitted by the other law.

(e) Notwithstanding subsections (b) and (d), a governmental agency may by regulation alter requirements governing (i) the method of posting or display, (ii) the manner of communication or transmittal, including First Class or other United States mail requirements, or (iii) formatting requirements, with respect to the matters over which that agency has jurisdiction and with respect to transactions that the parties have agreed to conduct by electronic means.

2000, c. 995.