reglab/housing_qa huggingface dataset:
V.I. Code tit. 12A, § 289 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 5 - Rental-Purchase Agreement Disclosure Act|§ 289. Renegotiations and extensions

 A renegotiation of a rental-purchase agreement is deemed to be a new agreement for purposes of this chapter, requiring new disclosures under sections 284 and 286. A renegotiation shall be considered to occur when an existing rental-purchase agreement is satisfied and replaced by a new agreement undertaken by the same merchant. Events such as the following may not be treated as renegotiations: (a) the addition or return of property in a multiple-item agreement or the substitution of property, if in either case the average payment allocable to a payment period is not changed by more than twenty-five percent; (b) a deferral or extension of one or more periodic payments, or portions of a periodic payment; (c) a reduction in charges in the agreement; or (d) an agreement involving a court proceeding.
V.I. Code tit. 12A, § 290 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 5 - Rental-Purchase Agreement Disclosure Act|§ 290. Rental-purchase advertising

 (a) Advertisements. If an advertisement for a rental-purchase agreement refers to, or states, the amount of any payment or the right to acquire ownership, the merchant that makes the advertisement shall also clearly and conspicuously state in the advertisement the following information: (1) the transaction advertised is to occur under a rental-purchase agreement; (2) the total number and total dollar amount of rental payments necessary to acquire ownership under the agreement; and (3) the consumer acquires no ownership rights in the property if the total dollar amount of rental payments necessary to acquire ownership is not paid. (b) Liability. The owner or personnel of any medium in which an advertisement appears or through which it is disseminated is not liable for a violation of subsection (a). (c) Exemptions. Subsection (a) does not apply to an advertisement that: (1) is published in the yellow pages of a telephone directory or in any similar directory of businesses; or (2) is displayed in the merchant's place of business.
V.I. Code tit. 12A, § 291 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 5 - Rental-Purchase Agreement Disclosure Act|§ 291. Civil liability

 (a) Liability amount. Except as otherwise provided in this chapter, a merchant who willfully violates this chapter with respect to a consumer is liable to the consumer in an amount equal to the following: (1) In an action by an individual consumer, the sum of: (A) actual damages sustained by the consumer as a result of the violation; and (B) not less than $100. (2) In a class action, the amount the court determines to be appropriate with no minimum recovery as to each member. The total recovery in any class action or series of class actions arising out of the same violation may not be more than the lesser of $500,000 or one percent of the net worth of the merchant. (3) If a particular rental-purchase agreement has more than one consumer, only one recovery of damages is allowed for a violation of this chapter. Multiple violations in connection with a single rental-purchase agreement entitle the consumer, or multiple consumers, to only one recovery under this chapter. (b) Statute of limitations.  (1) Actions to enforce chapter. An action under this section may be brought in the Superior Court of the Virgin Islands, but not later than three years after the date of the occurrence of the violation. (2) Defense. Except as otherwise provided by Virgin Islands law, this subsection does not bar a consumer from asserting a violation of this chapter in an action to collect a debt brought more than one year after the date of the occurrence of the violation as a matter of defense by recoupment or set off. (c) Offset.  (1) Limitations. A consumer may not take any action to offset any amount for which a merchant is potentially liable under subsection (a) against any amount owed by the consumer, unless the amount of the merchant's liability has been determined by judgment of a court of competent jurisdiction in an action in which the merchant was a party. (2) Constructions. This subsection does not bar a consumer who is in default on the obligation from asserting a violation of this chapter as an original action, or as a defense or counterclaim to an action brought by the merchant to collect amounts owed by the consumer.
V.I. Code tit. 12A, § 292 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 5 - Rental-Purchase Agreement Disclosure Act|§ 292. Defenses of merchants

 A merchant is not liable: (a) for any violation of the requirements of this chapter if within sixty days after discovering the violation, and before an action is filed against a merchant or written notice of the violation is received from the consumer, the merchant notifies the consumer of the violation and makes whatever adjustments to the account of the consumer as are necessary to assure that the consumer will not be required to pay an amount in excess of the amounts actually disclosed; (b) under this chapter for any act done or omitted in good-faith conformity with any rule, regulation, interpretation, or approval promulgated by a government agency or instrumentality; or (c) under this chapter for a violation if the merchant establishes, and at the time of the violation, is implementing, procedures reasonably calculated to prevent the violation. Subsection (b) of this section applies even if, after the act or omission has occurred, and the rule, regulation, interpretation or approval is amended, rescinded or determined by judicial or other authority to be invalid for any reason.
V.I. Code tit. 12A, § 293 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 5 - Rental-Purchase Agreement Disclosure Act|§ 293. Liability of assignees

 (a) Assignees. For purposes of sections 291 and 292 and this chapter, the term “merchant” includes an assignee of a merchant. However, an action under section 291 for a violation of this chapter may be brought against an assignee only if the violation is apparent on the face of the rental-purchase agreement to which it relates. A violation apparent on the face of a rental-purchase agreement includes a disclosure that can be determined to be incomplete or inaccurate from the face of the agreement. An assignee has no liability in a case in which the assignment is involuntary. (b) Consumer acknowledgment. In an action by or against an assignee, the consumer's written acknowledgment of receipt of a disclosure shall be conclusive proof that the disclosure was made, if the assignee had no knowledge that the disclosure had not been made when the assignee acquired the rental-purchase agreement to which it relates.
V.I. Code tit. 12A, § 294 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 5 - Rental-Purchase Agreement Disclosure Act|§ 294. Effect on government agencies

 No civil liability or criminal penalty under this chapter may be imposed on the United States or any of its departments or agencies, any territorial or political subdivision, or any agency of the territory or political subdivision.
V.I. Code tit. 12A, § 301 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 301. Short title

 This chapter may be cited as the “The Consumer Fraud and Deceptive Business Practices Act”.
V.I. Code tit. 12A, § 302 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 302. Purpose; rules of construction

 The provisions of this chapter shall be liberally construed to protect the consuming public from deceptive and unfair acts or practices in the conduct of any trade or commerce.
V.I. Code tit. 12A, § 304 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 304. Deceptive business acts or practices; chain referral sales; pyramid sales

 It is unlawful for any person to engage in unfair methods of competition or unfair or deceptive trade acts or practices in the conduct of any trade or commerce. In construing this chapter, consideration must be given to the interpretations of the Federal Trade Commission and the federal courts relating to 15 U.S.C. § 45 at the time of enactment of this chapter.
V.I. Code tit. 12A, § 305 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 305. Disclosure of legal name of business and address

 It is unlawful in the sale of consumer goods or service for any person conducting a mail order or catalog business in the Virgin Islands, and utilizing a post office box address or a street address representing a site used primarily for the receipt or delivery of mail or as a telephone answering service, to fail to disclose the legal name under which business is conducted and the complete street address from which business is actually conducted in all advertising and promotional materials, including order blanks and forms.
V.I. Code tit. 12A, § 306 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 306. Solicitations regarding records

 It is an unlawful practice for any person to offer for sale or sell to a consumer access to any records or copies of any records pertaining to the consumer which may be obtained at no cost or a nominal cost from a governmental agency as defined in the Federal Fair Credit Reporting Act, 15 U.S.C. § 1861, unless all offers, solicitations, and applications for any such service include the following statement in capital letters in not less than 10 point type: “MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM GOVERNMENT AGENCIES. CREDIT REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CREDIT RECORD UPON REQUEST, AT NO CHARGE OR FOR A NOMINAL FEE.”
V.I. Code tit. 12A, § 307 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 307. Return of down payment on rejection

 If the furnishing of merchandise, whether under purchase order or a contract of sale, is conditioned on the consumer's providing credit references or having a credit rating acceptable to the seller and the seller rejects the credit application of that consumer, the seller must return to the consumer any down payment, whether the down payment is in the form of money, goods, chattels or otherwise, made under that purchase order or contract and may not retain any part of the down-payment. The retention by the seller of part or all of the down payment, whether such down payment is in the form of money, goods, chattels or otherwise, under those circumstances as a fee for investigating the credit of the consumer or as liquidated damages to cover depreciation of the merchandise which was the subject of the purchase order or contract or for any other purpose is an unlawful practice within the meaning of this chapter, whether that fee or those charges are claimed from the down payment, whether such down payment is in the form of money, goods, chattels or otherwise, or made as a separate charge to the consumer.
V.I. Code tit. 12A, § 308 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 308. Assignment

 (a)  (1) If a consumer in a retail installment sales transaction gives the seller a negotiable instrument in part or full payment for the merchandise that is the subject of a purchase order, retail charge agreement or retail installment sales contract before that merchandise is delivered or furnished to him, the assignment of that agreement or contract or the transfer of that negotiable instrument does not bar that consumer from asserting against the assignee or transferee any defense or right of action he may have against the seller, unless the contract or agreement contains, in at least 10-point bold type, the following notice: “NOTICE TO BUYER You have the right to give the assignee named (or if no assignee is named, to give the seller) written notice of any defense or right of action that you may have against the seller within 5 days of delivery of the merchandise described herein. If a notice is not received within that time, you may not assert the defense or right of action against the assignee; and such a notice is not given within the time period stated.” (2) Notice is received within the meaning of this section, if the seller or assignee has refused to accept delivery by certified or registered mail of such a notice. (3) It is an unlawful practice within the meaning of this chapter for a seller to transfer, assign or negotiate a negotiable instrument made by and received from a consumer in connection with an order for or a contract involving merchandise to be furnished by that seller to that consumer with the intent of not furnishing or delivering merchandise of the quantity, quality and specifications and at the time and place called for by that order or contract. (b) This section does not apply where the merchandise that is the subject of the purchase order, retail charge agreement or retail installment sales contract is a motor vehicle, or where the negotiable instrument is made in accordance with the provisions of Subchapter I of the National Housing Act.
V.I. Code tit. 12A, § 309 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 309. Offers of free prizes, gifts, or gratuities; disclosure of conditions

 It is an unlawful practice for any person to promote or advertise any business, product, utility service, including but not limited to, the provision of electric, telecommunication, or gas service, or interest in property, by means of offering free prizes, gifts, or gratuities to any consumer, unless all material terms and conditions relating to the offer are clearly and conspicuously disclosed at the outset of the offer so as to leave no reasonable probability that the offering might be misunderstood.
V.I. Code tit. 12A, § 310 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 310. Telemarketing; free trials

 (a) A person or entity that, by means of a telemarketing plan, program, or campaign, offers free goods or services to a Virgin Islands consumer on a trial basis and assesses a periodic fee or charge for the goods or services after the end of the free trial period, must send to the consumer who accepts the free goods or services an invoice that the consumer may use to pay the periodic fee or charge or indicate that the consumer no longer wishes to receive the goods or services after the end of the free trial period. The invoice must contain an address and telephone number the consumer may use to cancel the goods or services, if the consumer no longer wishes to receive the free goods or services after the end of the free trial period. (b) Violation of this section constitutes an unlawful practice within the meaning of this chapter.
V.I. Code tit. 12A, § 311 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 311. Simulation of checks

 It is an unlawful practice for any person to promote or advertise any business, product or interest in property by means of distributing documents designed to simulate checks or other negotiable instruments, unless such instrument has printed upon both the front and back, the following statement: “This is not a Check”. However, it is not an unlawful practice under this section for a person to distribute for commercial purposes a sample or specimen of a check or other instrument which is used to solicit orders for the sale of that instrument and which is clearly marked as a non-negotiable sample or specimen.
V.I. Code tit. 12A, § 312 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 312. Wholesale advertising

 (a) A person may represent directly or by implication in any advertising that a person offers to sell or sells a particular article of merchandise at a wholesale price, if that person can substantiate significant savings on his price as compared to identical merchandise offered for sale by retailers in the trade area. However, it is an unlawful practice to represent directly or by implication in any advertising that a person is a wholesaler or offers to sell or sells merchandise at wholesale to the public, unless the person: (1) makes a substantial and significant number of sales for resale in the ordinary course of business; and (2) can substantiate savings on the prices offered as compared to merchandise offered for sale by retailers in the trade area. (b) It is an unlawful practice to represent directly or by implication in any advertising that a person offers to sell or sells a particular article of merchandise at a wholesale price, unless that person can substantiate significant savings on his price, as compared to identical merchandise offered for sale by retailers in the trade area.
V.I. Code tit. 12A, § 326 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 326. Regulations

 (1) The Commissioner may adopt such rules and regulations, pursuant to title 3, chapter 35 as may be necessary to effectuate the purposes of this chapter, including regulations defining specific deceptive business practices. (2) The rules and regulations may supplement but may not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the federal courts in interpreting the provisions of Section 5(a) of the Federal Trade Commission Act (15 U.S.C. § 45).
V.I. Code tit. 12A, § 327 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 327. Enforcement

 The Department of Licensing and Consumer Affairs shall be responsible for the administration and enforcement of this chapter.
V.I. Code tit. 12A, § 328 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 328. Remedies of the Department of Licensing and Consumer Affairs

 (a) The Department may bring: (1) An action to obtain a declaratory judgment that an act or practice violates this chapter. (2) An action to enjoin any person who has violated, is violating, or is otherwise likely to violate, this chapter. (3) An action on behalf of one or more consumers for the actual damages caused by an act or practice in violation of this chapter. However, damages are not recoverable under this chapter against a retailer who has in good faith engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that it violated this chapter. (4) A motion in the Superior Court to appoint a receiver; or (5) Any other action provided by law. (b) The Department may petition the Superior Court to impose a civil penalty in a sum not to exceed $50,000 against any person found by the court to have engaged in any method, act or practice declared unlawful under this chapter. If the court finds the method, act or practice to have been entered into with the intent to defraud, the court may impose a civil penalty in a sum not to exceed $50,000 per violation. (c) A civil penalty imposed under subsection (b) must be paid to the Department of Finance who shall deposit the money in the Treasury of the Government of the Virgin Islands in a special fund designated the Consumer Protection Fund, established in title 33, chapter 111, section 3100o. (d) If the Court finds a person to have engaged in any method, act, or practice declared unlawful under this chapter, and the violation was committed against a person 65 years of age or older, the court may impose an additional civil penalty not to exceed $10,000 for each violation. (e) A civil penalty imposed under subsection (d) must be paid to the Department of Finance. The Department shall deposit the money in the Treasury of the Government of the Virgin Islands in a special fund designated the Elderly Victim Fund established in title 33, chapter 111, section 3100n. (f) The Court shall consider the following in determining whether to impose a civil penalty under subsection (d): (1) Whether the defendant's conduct was in willful disregard of the right of the person 65 years of age or older; (2) Whether the defendant knew or should have known that the defendant's conduct was directed to a person 65 years of age or older; (3) Whether the person 65 years of age or older was substantially more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, than other persons; and (4) Any other factors the court considers appropriate. (g) Any other actions as provided by law.
V.I. Code tit. 12A, § 329 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 329. Assurance of voluntary compliance; settlements

 The Commissioner may order mediation with respect to any method, act or practice found to be violative of this chapter from any person who has engaged in, is engaging in, or was about to engage in the method, act or practice. Evidence of a violation of a mediation agreement is prima facie evidence of a violation of this chapter in any subsequent proceeding brought by the Department against the alleged violator.
V.I. Code tit. 12A, § 330 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 330. Powers of receiver

 (a) When a receiver is appointed by the court under this chapter, the receiver shall have the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, chooses in action, bills, notes and property of every description, derived by means of any practice declared to be illegal and prohibited by this chapter, including property with which the property has been mingled, if it cannot be identified in kind because of the commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. (b) Any person who has suffered damages as a result of the use or employment of any unlawful practices and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. (c) In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court. The court has jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
V.I. Code tit. 12A, § 331 (2019)
2019 US Virgin Islands Code|Title 12A - Consumer Code|Chapter 6 - Consumer Fraud and Deceptive Business Practices|§ 331. Private right of action

 Any person or business that is injured by a deceptive trade practice may bring a class action to protect the rights of Virgin Islands consumers for compensatory, consequential, punitive and equitable damages. To protect the rights of Virgin Islands consumers and businesses, if a jury makes a finding of compensatory and/or consequential damages, these damages shall be trebled. Individual reliance is not required in a consumer class action: the standard of a deceptive business practice is an act which misrepresents, deceives, or unfairly influences a reasonable and objective consumer.