reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.5 - Collision Damage Waiver Act › § 59.1-207.31. Required notice

A. The definitions in § 46.2-1408 apply, mutatis mutandis, to this section.
B. No lessor or peer-to-peer vehicle sharing platform shall sell or offer to sell to a lessee a collision damage waiver as a part of a rental agreement or vehicle sharing platform agreement unless the lessor or peer-to-peer vehicle sharing platform first provides the lessee or shared vehicle driver the following written notice:
NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.
C. Such notice shall be made on the face of the rental agreement or vehicle sharing platform agreement either by stamp, label, or as part of the written contract, shall be set apart in boldface type and in no smaller print than 10-point type, and shall include a space for the lessee or shared vehicle driver, as defined in § 46.2-1408, to acknowledge his receipt of the notice.
1988, c. 349; 2020, c. 1266.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.5 - Collision Damage Waiver Act › § 59.1-207.32. Prohibited exclusion

No collision damage waiver subject to this chapter shall contain an exclusion from the waiver for damages caused by the ordinary negligence of the lessee or shared vehicle driver, as defined in § 46.2-1408. Any such exclusion in violation of this section shall be void. This section shall not be deemed to prohibit an exclusion from the waiver for damages caused intentionally by the lessee or shared vehicle driver or as a result of his willful or wanton misconduct or gross negligence, driving while intoxicated or under the influence of any drug or alcohol, or damages caused while engaging in any speed contest.
1988, c. 349; 2020, c. 1266.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.5 - Collision Damage Waiver Act › § 59.1-207.33. 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 the Virginia Consumer Protection Act (§ 59.1-196 et seq.) of this title.
1988, c. 349.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.6 - Motor Vehicle Manufacturers' Warranty Adjustment Act › § 59.1-207.34. Definitions

As used in this chapter, unless the context requires a different meaning:
"Adjustment program" means any extended policy program under which a manufacturer undertakes to pay for all or any part of the cost of repairing, or to reimburse purchasers for all or any part of the cost of repairing, any condition that may substantially affect vehicle durability, reliability or performance, other than service provided under a safety or emission-related recall program. This term shall not include ad hoc adjustments made by a manufacturer on a case-by-case basis.
"Consumer" means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle and shall also include any person to whom such motor vehicle is transferred and any other person entitled by the terms of adjustment program to enforce its obligations.
"Dealer" means any motor vehicle dealer as defined in § 46.2-1500.
"Division" means the Division of Consumer Counsel in the Department of Law.
"Manufacturer" means any person, whether resident or nonresident, who manufactures, assembles, or imports motor vehicles for sale or distribution in this Commonwealth.
"Motor vehicle" means any motor vehicle as defined in § 46.2-100, but shall not include any motorcycle or motor home.
1991, c. 300; 2012, cc. 803, 835.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.6 - Motor Vehicle Manufacturers' Warranty Adjustment Act › § 59.1-207.35. Requirements of manufacturers

Every manufacturer shall:
1. Inform a consumer of any adjustment program applicable to his motor vehicle and, upon request, furnish the consumer with any document issued by a manufacturer pertaining to any adjustment program or to any condition that may substantially affect vehicle durability, reliability or performance;
2. Notify, by first-class mail, all owners of motor vehicles eligible under any adjustment program of the condition giving rise to and the principal terms and conditions of such program within ninety days of the adoption of the program; and
3. Notify its dealers, in writing, of all the terms and conditions of any adjustment program within thirty days of its adoption.
1991, c. 300.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.6 - Motor Vehicle Manufacturers' Warranty Adjustment Act › § 59.1-207.36. Required disclosures

A. Every manufacturer or distributor, either directly or through its authorized agent, shall cause a notice to be given to the consumer which outlines the provisions of this chapter and the rights and remedies thereunder. The written notice shall state at minimum: "Sometimes (insert manufacturer's name) offers a special adjustment program to pay all or part of the cost of certain repairs beyond the terms of the warranty. Check with your dealer to determine whether any adjustment program is applicable to your motor vehicle."
B. Every dealer shall disclose to a consumer seeking repairs for a particular condition, the principal terms and conditions of any manufacturer's adjustment program covering such condition provided the dealer has been notified of the adjustment program pursuant to § 59.1-207.35.
1991, c. 300.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.6 - Motor Vehicle Manufacturers' Warranty Adjustment Act › § 59.1-207.37. Adjustment program reimbursement

A. Every manufacturer who establishes any adjustment program shall implement and follow procedures to ensure reimbursement for each consumer eligible under any such program who incurred expenses for repair of the condition subject to the program prior to acquiring knowledge thereof. Such reimbursement shall be consistent with the terms and conditions of the adjustment program.
B. Any claim for reimbursement pursuant to this section shall be made in writing to the manufacturer within two years of the date of the consumer's payment of repairs for the condition. The manufacturer shall notify the consumer in writing within twenty-one business days of receiving a claim for reimbursement whether the claim will be allowed or denied. If the claim is denied, the specific reasons for such denial shall be stated in writing.
1991, c. 300.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.6 - Motor Vehicle Manufacturers' Warranty Adjustment Act › § 59.1-207.38. 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 the Virginia Consumer Protection Act (§ 59.1-196 et seq.) of this title. Notwithstanding any other provision to the contrary, it shall not be a violation of this chapter if the manufacturer within thirty days after the conclusion of the notice period required by subdivision 2 of § 59.1-207.35, upon notice from a consumer of the consumer's eligibility under an adjustment program, repairs or causes to be repaired the consumer's motor vehicle in accordance with the terms and conditions of the adjustment program.
1991, c. 300; 1996, c. 63.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.6 - Motor Vehicle Manufacturers' Warranty Adjustment Act › § 59.1-207.39. Regulations

The Division is authorized to promulgate reasonable regulations in order to implement the provisions of this chapter. These regulations shall be adopted, amended, or repealed in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).
1991, c. 300; 2012, cc. 803, 835.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.7 - Comparison Price Advertising Act › § 59.1-207.40. Definitions

In addition to the definitions listed in § 59.1-198, as used in this chapter, the following terms shall have the following meanings:
"Former price" or "comparison price" means the direct or indirect comparison in any advertisement whether or not expressed wholly or in part in dollars, cents, fractions, or percentages, and whether or not such price is actually stated in the advertisement.
"Substantial sales" means a substantial aggregate volume of sales of identical or comparable goods or services at or above the advertised comparison price in the supplier's trade area.
1992, c. 768.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.7 - Comparison Price Advertising Act › § 59.1-207.41. Advertising former price of goods or services

No supplier shall in any manner knowingly advertise a former price of any goods or services unless:
1. Such former price is the price at or above which substantial sales were made in the recent regular course of business; or
2. Such former price was the price at which such goods or services or goods or services of substantially the same kind, quality, or quantity and with substantially the same service were openly and actively offered for sale for a reasonably substantial period of time in the recent regular course of business honestly, in good faith and not for the purpose of establishing a fictitious higher price on which a deceptive comparison might be based; or
3. Such former price is based on a markup that does not exceed the supplier's cost plus the usual and customary markup used by the supplier in the actual sale of such goods or services or goods or services of substantially the same kind, quality, or quantity and with substantially the same service, in the recent regular course of business; or
4. The date on which substantial sales were made, or the goods or services were openly and actively offered for sale for a reasonably substantial period of time at the former price is advertised in a clear and conspicuous manner.
1992, c. 768.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.7 - Comparison Price Advertising Act › § 59.1-207.42. Advertising comparison price of goods or services

No supplier shall in any manner knowingly advertise a comparison price which is based on another supplier's price unless:
1. The supplier can substantiate that the comparison price is the price offered for sale by another supplier in the regular course of business for goods or services of substantially the same kind and quality, and with substantially the same service in the defined trade area;
2. The trade area to which the advertisement refers is clearly defined and disclosed; and
3. A clear and conspicuous disclosure is made in the advertisement that the price used as a basis of comparison is another supplier's price, and not the supplier's own price.
1992, c. 768.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.7 - Comparison Price Advertising Act › § 59.1-207.43. Use of certain terms in advertising former or comparison prices

A. No supplier shall advertise a former or comparison price in terms of "market value," "valued at" or words of similar import unless such price is the price at which the goods or services, or goods or services of substantially the same kind, quality or quantity, are offered for sale by a reasonable number of suppliers in the supplier's trade area.
B. A supplier may advertise a former or comparison price in terms of "manufacturer's suggested price," "suggested retail price," "list price," or words of similar import provided that, with regard to such advertising, the use of the former or comparison price complies with 15 U.S.C. § 45 (a) (1) and the regulations of the Federal Trade Commission adopted thereunder.
1992, c. 768.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.7 - Comparison Price Advertising Act › § 59.1-207.44. Enforcement; penalties

Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to the enforcement provisions of Chapter 17 (§ 59.1-196 et seq.). It shall be the responsibility of any supplier who uses a comparison price to be able to substantiate the basis for any price comparisons made by the supplier. Upon the request of the Attorney General, any attorney for the Commonwealth, or the attorney of any county, city, or town, a supplier shall provide documentation to substantiate the basis for any comparison price utilized by the supplier in any advertisement governed by this chapter. No provision of this chapter shall be construed to apply to any supplier whose advertising practices are governed by § 46.2-1581.
1992, c. 768; 2012, cc. 803, 835.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.8 - Automatic Renewal Offers and Continuous Service Offers › § 59.1-207.45. Definitions

As used in this chapter, unless the context requires a different meaning:
"Automatic renewal" means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term of more than one month.
"Automatic renewal offer terms" means the following clear and conspicuous disclosures:
1. That the subscription or purchasing agreement will continue until the consumer cancels;
2. The description of the cancellation policy that applies to the offer;
3. The recurring charges that will be charged to the consumer's credit or debit card or payment account with a third party as part of the automatic renewal plan or arrangement and that the amount of the charge may change, if that is the case, and the amount to which the charge will change, if known;
4. The length of the automatic renewal term or that the service is continuous, unless the length of the term is chosen by the consumer; and
5. The minimum purchase obligation, if any.
"Clear and conspicuous" or "clearly and conspicuously" means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. In the case of an audio disclosure, "clear and conspicuous" or "clearly and conspicuously" means in a volume and cadence sufficient to be readily audible and understandable.
"Consumer" means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes.
"Continuous service" means a plan or arrangement in which a subscription or purchasing agreement continues until the consumer cancels the service.
"Supplier" has the same meaning ascribed thereto in § 59.1-198.
2018, c. 704; 2023, c. 288.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.8 - Automatic Renewal Offers and Continuous Service Offers › § 59.1-207.46. Making automatic renewal or continuous service offer to consumer; affirmative consent required; disclosures; prohibited conduct

A. No supplier making an automatic renewal or continuous service offer to a consumer in the Commonwealth shall do any of the following:
1. Fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before the consumer becomes obligated on the automatic renewal or continuous service offer and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer.
2. Charge the consumer's credit or debit card or the consumer's account with a third party for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms.
3. Fail to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. If the offer includes a free trial, the supplier shall also disclose in the acknowledgment how to cancel the free trial before the consumer pays or becomes obligated to pay for the goods or services.
B. A supplier making automatic renewal or continuous service offers shall provide a toll-free telephone number, an electronic mail address, a postal address only when the supplier directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in the acknowledgment specified in subdivision A 3. Each supplier making automatic renewal or continuous service offers through an online website shall make available a conspicuous online option to cancel a recurring purchase of a good or service.
C. In the case of a material change in the terms of the automatic renewal or continuous service offer that has been accepted by a consumer in the Commonwealth, the supplier shall provide the consumer with a clear and conspicuous notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by the consumer.
D. A supplier making automatic renewal or continuous service offers that include a free trial lasting more than 30 days shall, within 30 days of the end of any such free trial, notify the consumer of his option to cancel the free trial before the end of the trial period to avoid an obligation to pay for the goods or services.
E. The requirements of this section shall apply only prior to the completion of the initial order for the automatic renewal or continuous service, except:
1. The requirement in subdivision A 3 may be fulfilled after completion of the initial order; and
2. The requirement in subsection C shall be fulfilled prior to implementation of the material change.
2018, c. 704; 2022, c. 557; 2023, c. 688.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.8 - Automatic Renewal Offers and Continuous Service Offers › § 59.1-207.47. When goods, wares, merchandise, or products deemed a gift

In any case in which a supplier sends any goods, wares, merchandise, or products to a consumer under a continuous service agreement or automatic renewal of a purchase without first obtaining the consumer's affirmative consent as described in § 59.1-207.46, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer, who may use or dispose of the same in any manner he sees fit without any obligation whatsoever on the consumer's part to the supplier, including any obligation or responsibility for shipping any goods, wares, merchandise, or products to the supplier.
2018, c. 704.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.8 - Automatic Renewal Offers and Continuous Service Offers › § 59.1-207.48. Exemptions

This chapter shall not apply to:
1. Any service provided by a supplier or its affiliate where either the supplier or its affiliate is doing business pursuant to a franchise issued by a political subdivision of the Commonwealth or a license, franchise, certificate, or other authorization issued by the State Corporation Commission to a public service company or public utility pursuant to Title 56;
2. Any service provided by a supplier or its affiliate where either the supplier or its affiliate is regulated by the State Corporation Commission, the Federal Communications Commission, or the Federal Energy Regulatory Commission;
3. Alarm company operators that are regulated pursuant to § 15.2-911;
4. A bank, bank holding company, or the subsidiary or affiliate of either, or a credit union or other financial institution, licensed under federal or state law;
5. Any home protection company regulated by the State Corporation Commission pursuant to Chapter 26 (§ 38.2-2600 et seq.) of Title 38.2;
6. Any home service contract provider regulated by the Department of Agriculture and Consumer Services pursuant to Chapter 33.1 (§ 59.1-434.1 et seq.);
7. Any extended service contract provider regulated by the Department of Agriculture and Consumer Services pursuant to Chapter 34 (§ 59.1-435 et seq.) or its affiliates;
8. Any insurer or entity regulated under Title 38.2 or an affiliate of such insurer or entity; or
9. Any health club registered pursuant to the Virginia Health Club Act (59.1-294 et seq.).
2018, c. 704; 2023, c. 288.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 17.8 - Automatic Renewal Offers and Continuous Service Offers › § 59.1-207.49. Enforcement; penalties

Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.). However, if a supplier makes a good faith effort to comply with the requirements of this chapter, the supplier shall not be subject to either a civil penalty under § 59.1-206 or damages under § 59.1-204.
2018, c. 704.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 18 - Regulation of Invention Development Services › § 59.1-208. Definitions

As used in this chapter, the following terms shall have the following meanings, unless a different meaning clearly appears from the context:
1. "Contract for invention development services" means a contract by which an invention developer undertakes invention development services for a customer.
2. "Customer" means any person, firm, partnership, corporation, or other entity that enters into a contract for invention development services with an invention developer.
3. "Invention development" means the evaluation, perfection, marketing, brokering, or promotion of an invention by an invention developer, including a patent search, preparation of a patent application, or any other act done by an invention developer for consideration toward the end of procuring or attempting to procure a license, buyer or patent for an invention, but shall not include those acts undertaken by attorneys in the practice of their profession, other persons duly registered to practice before the U.S. Patent and Trademark Office, or persons rendering services to such attorneys or registered persons.
4. "Invention developer" means any person, firm, partnership, corporation, and any agent, employee, officer, partner or independent contractor thereof, that advertises invention development services in media of general circulation or that contracts with customers procured as a result of such advertisement.
5. "Invention development service" means acts of invention development required or promised to be performed, or actually performed, or both, by an invention developer for a customer.
6. "Invention" means a discovery, process, machine, design, formulation, product, concept or idea or any combination thereof.
1977, c. 649.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 18 - Regulation of Invention Development Services › § 59.1-209. Contracting requirements

A. Every contract for invention development services shall be in writing and shall be subject to the provisions of this chapter. A copy of the written contract shall be given to the customer at the time he signs the contract.
B. If it is the invention developer's normal practice to seek more than one contract in connection with an invention, or if the invention developer normally seeks to perform services in connection with an invention in more than one phase with the performance of each phase covered in one or more subsequent contracts, at the time the customer signs the first contract, the invention developer shall so state in writing and shall supply to the customer such writing together with a written summary of the developer's normal terms, if any, of such subsequent contracts, including the amount of the developer's normal fees or other consideration, if any, that may be required from the customer.
C. Notwithstanding any contractual provision to the contrary, no payment for invention development services shall be required, made or received until the expiration of a four-working-day period commencing on the date on which the customer receives a copy of the contract for invention development services signed by the invention developer. Delivery of a promissory note, check, bill of exchange or negotiable instrument of any kind to the invention developer or to a third party, irrespective of the date or dates appearing on such instrument, shall be deemed payment for the purpose of this section.
D. Until the payment specified in this section is made, the parties shall have the option to terminate the contract, which option may be exercised as follows: (i) the customer may exercise the option by refraining from making payment to the invention developer, (ii) the invention developer may exercise the option to terminate by giving to the customer a written notice of its exercise of the option, which written notice shall become effective upon receipt thereof by the customer.
1977, c. 649.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 18 - Regulation of Invention Development Services › § 59.1-210. Standard provisions for cover notice

Every contract for invention development services shall have a conspicuous and legible cover sheet attached with the following notice imprinted thereon in boldface type of not less than 10-point size:
1. "This contract between you and an invention developer is regulated by Chapter 18 (§ 59.1-208 et seq.) of Title 59.1. You are not permitted or required to make any payments under this contract until four working days after you sign this contract and receive a completed copy of it."
2. A statement that the contract is a fee-for-service contract and that the invention developer makes no guarantees as to the success of the invention.
3. Information as to how a customer who feels that his rights have been violated pursuant to this chapter may lodge a complaint with the Consumer Protection Division at the Office of the Attorney General, including the Division's telephone number and directions as to how to file an online consumer complaint.
Such cover sheet shall contain only the notice required by this section.
1977, c. 649; 2014, c. 759.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 18 - Regulation of Invention Development Services › § 59.1-211. Interest in inventions prohibited

No invention developer shall acquire any interest, partial or whole, in the title to the customer's invention or patent rights, unless the invention developer contracts to manufacture the invention and acquires such interest for such purpose at or about the time the contract for manufacture is executed. Nothing in this section shall be construed to prohibit an invention developer from receiving a portion of any proceeds accruing to the customer as a result of performance of invention development services by the invention developer.
1977, c. 649.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 18 - Regulation of Invention Development Services › § 59.1-212. Reports to customer required

With respect to every contract for invention development services, the invention developer shall deliver to the customer at the address specified in the contract at least at quarterly intervals throughout the term of the contract a written report which identifies the contract and which includes:
1. A full, clear and concise description of the services performed to the date of the report and of the services yet to be performed; and
2. A full accounting of the application of the proceeds of the fee referred to in subdivision 6 of § 59.1-213 to the date of the report; and
3. The name and address of each and every person, firm or corporation to whom the subject matter of the contract has been disclosed, the reason for each and every disclosure, and copies of all responses received as a result of such disclosures.
1977, c. 649.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 18 - Regulation of Invention Development Services › § 59.1-214. Remedies

A. Any contract for invention development services which does not substantially comply with the applicable provisions of this chapter may be voidable at the option of the customer. Any contract for invention development services entered into in reliance upon any false, fraudulent or misleading information, representation, notice or advertisement of the invention developer may be voidable at the option of the customer. Any waiver by the customer of any of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
B. In addition, any customer who has been injured by a violation of this chapter by an invention developer or by any false or fraudulent statement, representation or omission of material fact by an invention developer, or by failure of an invention developer to make all the disclosures required by this chapter, may recover in a civil action against the invention developer, in addition to reasonable costs and attorneys' fees, the greater of: (i) $1,000, or (ii) the amount of actual damages, if any, sustained by the customer.
C. For the purpose of this section, substantial violation of any provision of this chapter by an invention developer or execution by the customer of a contract for invention development services in reliance on any such false or fraudulent statements, representations, or material omissions shall establish a rebuttable presumption of injury.
1977, c. 649.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 18 - Regulation of Invention Development Services › § 59.1-215. Enforcement; civil penalty; restraint of violations

A. For the purpose of enforcing this chapter, the Attorney General is hereby authorized to conduct investigations and hold hearings and compel the attendance of witnesses and the production of accounts, books and documents by the issuance of subpoenas.
B. The Attorney General shall enforce the provisions of this chapter, and shall have the right to recover a civil penalty not to exceed $10,000 for each and every violation of any provisions of this chapter, and to seek equitable relief to restrain any such violation.
1977, c. 649; 2014, c. 759.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 18.1 - Bad Faith Assertions of Patent Infringement › § 59.1-215.1. Definitions

As used in this chapter, unless the context requires a different meaning:
"Assertion of patent infringement" means (i) sending or delivering a demand letter to a target; (ii) threatening a target with litigation asserting, alleging, or claiming that the target has engaged in patent infringement; (iii) sending or delivering a demand letter to the customers of a target; or (iv) otherwise making claims or allegations, other than those made in litigation against a target, that a target has engaged in patent infringement or that a target should obtain a license to a patent in order to avoid litigation.
"Demand letter" means a letter, email, or other communication asserting, alleging, or claiming that the target has engaged in patent infringement, or that a target should obtain a license to a patent in order to avoid litigation, or any similar assertion.
"Patent infringement" means any conduct that constitutes infringement pursuant to applicable law, including 35 U.S.C. § 271, as amended.
"Target" means a person residing in, conducting substantial business in, or having its principal place of business in the Commonwealth and with respect to whom an assertion of patent infringement is made.
2014, cc. 810, 819.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 18.1 - Bad Faith Assertions of Patent Infringement › § 59.1-215.2. Bad faith assertions of patent infringement

A. A person shall not make, in bad faith, an assertion of patent infringement.
B. The following shall constitute indicia that a person's assertion of patent infringement was made in bad faith:
1. The demand letter does not contain:
a. The number of the patent that is asserted, alleged, or claimed to have been infringed; or
b. The name and address of the patent's owner or owners and assignee or assignees, if any.
2. The person sends a demand letter to a target without first making a reasonable effort under the circumstances to conduct an analysis comparing the claims in the patent to the target's products, services, and technology, or to identify specific areas in which the products, services, or technology are covered by the claims in the patent.
3. The demand letter does not identify specific areas in which the products, services, and technology are covered by the claims in the patent.
4. The person offers to license the patent for an amount that is not based on a reasonable estimation of the value of a license to the patent.
5. The person making an assertion of patent infringement acts in subjective bad faith, or a reasonable actor in the person's position would know or reasonably should know that such assertion is baseless.
6. The assertion of patent infringement is deceptive, or the person threatens legal action that cannot legally be taken or that is not intended to be taken.
7. The person or its subsidiaries or affiliates have previously filed or threatened to file one or more lawsuits based on the same or similar assertion of patent infringement, the person attempted to enforce the assertion of patent infringement in litigation, and a court found the assertion to be objectively baseless or imposed sanctions for the assertion.
8. The patent alleged to be infringed was not in force at the time the allegedly infringing conduct occurred, or the patent claims alleged to be infringed have previously been held to be invalid.
C. The following shall constitute indicia that a person's assertion of patent infringement was not made in bad faith, but the absence of such indicia shall not constitute evidence of bad faith:
1. The person engages in a reasonable effort under the circumstances to establish that the target has infringed the patent and to negotiate an appropriate remedy.
2. The person makes a substantial investment in the use of the patent or in the development, production, or sale of a product or item covered by the patent.
3. The person has:
a. Demonstrated good faith in previous efforts to enforce the patent or a substantially similar patent; or
b. Successfully enforced the patent, or a substantially similar patent, through litigation.
4. The person is an institution of higher education or a technology transfer office organization owned by or affiliated with an institution of higher education.
D. The lists of indicia in this section are non-exclusive, and all indicia need not be present for a finding of bad faith or good faith.
2014, cc. 810, 819.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 18.1 - Bad Faith Assertions of Patent Infringement › § 59.1-215.4. Exemptions

A demand letter or assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. § 271 (e)(2) or 42 U.S.C. § 262 shall not be subject to the provisions of this chapter.
2014, cc. 810, 819.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 20 - Virginia Motion Picture Fair Competition Act › § 59.1-256. Purpose of chapter

The purpose of this chapter is to establish fair and open procedures for the bidding and negotiation for the right to exhibit motion pictures within the Commonwealth in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the Commonwealth, to promote fair and effective competition in that business, and to ensure that exhibitors have the opportunity to view a motion picture and know its contents before committing themselves to exhibiting it in their communities.
1978, c. 764.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 20 - Virginia Motion Picture Fair Competition Act › § 59.1-257. Definitions

As used in this chapter:
1. The term "person" means and includes one or more individuals, partnerships, associations, societies, trusts, organizations, or corporations;
2. The term "theater" means any establishment in which motion pictures are exhibited to the public regularly for a charge;
3. The term "distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing;
4. The term "exhibitor" means any person engaged in the business of operating one or more theaters;
5. The term "exhibit" or "exhibition" means showing a motion picture to the public for a charge;
6. The term "invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture;
7. The term "bid" means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture;
8. The term "license agreement" means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor;
9. The term "trade screening" means the showing of a motion picture by a distributor at some location within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture;
10. The term "blind bidding" means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, or before such motion picture, at the option of the distributor, otherwise has been made available for viewing within the Commonwealth, or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture; and
11. The term "run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area; a "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after the second run. "Exclusive run" is any run limited to a single theater in a defined geographic area and a "nonexclusive run" is any run in more than one theater in a defined geographic area.
1978, c. 764.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 20 - Virginia Motion Picture Fair Competition Act › § 59.1-258. "Blind bidding" prohibited

A. Blind bidding is hereby prohibited within the Commonwealth. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture within the Commonwealth before the motion picture has either been trade screened within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, or before such motion picture, at the option of the distributor, otherwise has been made available for viewing within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture.
B. A distributor shall provide reasonable and uniform notice of the trade screening of any motion picture to those exhibitors within the Commonwealth from whom he intends to solicit bids or with whom he intends to negotiate for the right to exhibit that motion picture.
C. Any purported waiver of the prohibition against blind bidding in this chapter shall be void and unenforceable.
1978, c. 764.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 20 - Virginia Motion Picture Fair Competition Act › § 59.1-259. Bidding procedures

If bids are solicited from exhibitors for the licensing of a motion picture within the Commonwealth, then:
1. The invitation to bid shall specify (i) whether the run for which the bid is being solicited is a first, second or subsequent run; (ii) whether the run is an exclusive or nonexclusive run; (iii) the geographic area for the run; (iv) the names of all exhibitors who are being solicited; (v) the date and hour the invitation to bid expires; and (vi) the time, date and the location, including the address, where the bids will be opened, which shall be within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland.
2. All bids shall be submitted in writing and shall be opened at the same time and in the presence of those exhibitors, or their agents, who submitted bids and are present at such time.
3. Immediately upon being opened, the bids shall be subject to examination by exhibitors, or their agents, who submitted bids, and who are present at the opening. Within ten business days after the bids are opened, the distributor shall notify each exhibitor who submitted a bid either the name of the winning bidder or the fact that none of the bids was acceptable.
4. Once bids are solicited, the distributor shall license the picture only by bidding and may solicit rebids if he does not accept any of the submitted bids.
1978, c. 764.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 20 - Virginia Motion Picture Fair Competition Act › § 59.1-260. Civil enforcement; injunction

Any person who suffers loss or pecuniary damage resulting from a violation of the provisions of this chapter shall be entitled to bring an individual action to recover damages and reasonable attorney's fees. The provisions of this chapter may be enforced by injunction or any other available equitable or legal remedy.
1978, c. 764.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 21 - Business Opportunity Sales Act › § 59.1-263. Definitions

A. For purposes of this chapter, "business opportunity" means the sale of any products, equipment, supplies or services which are sold to a purchaser upon payment of an initial required consideration exceeding $500 for the purpose of enabling such purchaser to start a business, and in which the seller:
1. Represents that the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency-operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller; or
2. Represents that it will purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser using in whole or in part the supplies, services or chattels sold by the seller to the purchaser; or
3. Guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity, or that the seller will refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is not satisfied with the business opportunity; or
4. Represents that the seller will provide a sales program or marketing program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity.
B. Exclusions. -- Such definition of "business opportunity" shall not include the following:
1. A security as defined by § 13.1-501; or
2. A franchise as defined in subsection A of § 13.1-559 or § 59.1-21.10; or
3. A license granted by a general merchandise retailer which allows the licensee to sell goods, equipment, supplies, products or services to the general public under the retailer's trademark, trade name or service mark, provided that such general merchandise retailer has been doing business in the Commonwealth continuously for five years prior to the granting of such license and such general merchandise retailer also sells the same goods, equipment, supplies, products or services directly to the general public; or
4. A newspaper distribution system; or
5. The sale of an on-going business. An "on-going business" as used herein is one which for at least twelve months previous to the sale: (i) has been operated from a specific location, (ii) has been open for business to the general public and (iii) has had all equipment and supplies necessary for operating the business located at such specific location; or
6. The sale of sales demonstration equipment and materials furnished at cost for use in making sales and not for resale; or
7. A contract or agreement by which a retailer of goods or services is granted the right to sell goods or services within, or appurtenant to, a retail business establishment as a department or division thereof.
1979, c. 523; 1985, c. 242.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 21 - Business Opportunity Sales Act › § 59.1-265. Seller required to obtain bond or establish escrow account; action for damages against bond or account; limitation on liability of surety or escrow agent

Before the business opportunity seller makes any of the representations set forth in § 59.1-263, the seller shall either have obtained a surety bond issued by a surety company authorized to do business in this Commonwealth or have established an escrow account with any credit union or any licensed and insured commercial bank or savings institution located in the Commonwealth of Virginia. The amount of the bond or escrow account shall be an amount not less than $50,000. Any person who is damaged by any violation of this chapter or by the business opportunity seller's breach of the contract for the business opportunity sale or of any obligation arising therefrom may bring an action against the bond or escrow account to recover damages suffered; provided, however, that the aggregate escrow liability of the surety or escrow agents under any such bond or escrow account shall be only for actual damages and in no event shall exceed the amount of the bond or escrow account.
1979, c. 523; 1996, c. 77.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 21 - Business Opportunity Sales Act › § 59.1-266. Prohibited acts

No business opportunity seller shall:
1. Represent that the business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses such data to the prospective purchaser at the time such representations are made; or
2. Use the trademark, service mark, trade names, logotype, advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or is not legally obligated for all representations made by the seller in regard to the business opportunity, unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the sale of the business opportunity; or
3. Make or authorize the making of any reference to its compliance with this chapter in any advertisement or other contact with prospective purchasers.
1979, c. 523.