Virginia HB 737: Virginia Consumer Protection Act; certain disclosure in advertising required.

Bill Text

2022SESSION
INTRODUCED
22100867D
1 HOUSEBILLNO.737
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend and reenact § 59.1-200 of the Code of Virginia, relating to the Virginia Consumer
5 Protection Act; certain disclosure in advertising required.
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Patron––Krizek(ByRequest)
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8 ReferredtoCommitteeonCommerceandEnergy
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §59.1-200 of the Code of Virginia is amended and reenacted as follows:
12 §59.1-200. Prohibited practices.
13 A. The following fraudulent acts or practices committed by a supplier in connection with a consumer
14 transaction are hereby declared unlawful:
15 1. Misrepresenting goods or services as those of another;
16 2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
17 3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or
18 services, with another;
19 4. Misrepresenting geographic origin in connection with goods or services;
20 5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or
21 benefits;
22 6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
23 7. Advertising or offering for sale goods that are used, secondhand, repossessed, defective,
24 blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first
25 class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods
26 are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds,"
27 irregulars, imperfects or "not first class";
28 8. Advertising goods or services with intent not to sell them as advertised, or with intent not to sell
29 at the price or upon the terms advertised.
30 In any action brought under this subdivision, the refusal by any person, or any employee, agent, or
31 servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms
32 advertised or offered, shall be prima facie evidence of a violation of this subdivision. This paragraph
33 shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such
34 goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or
35 amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement
36 or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;
37 9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts
38 of price reductions;
39 10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts
40 installed;
41 11. Misrepresenting by the use of any written or documentary material that appears to be an invoice
42 or bill for merchandise or services previously ordered;
43 12. Notwithstanding any other provision of law, using in any manner the words "wholesale,"
44 "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature of the
45 supplier's business, unless the supplier is actually engaged primarily in selling at wholesale or in
46 manufacturing the goods or services advertised or offered for sale;
47 13. Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of
48 defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages,
49 or penalties that are void or unenforceable under any otherwise applicable laws of the Commonwealth,
50 or under federal statutes or regulations;
51 13a. Failing to provide to a consumer, or failing to use or include in any written document or
52 material provided to or executed by a consumer, in connection with a consumer transaction any
53 statement, disclosure, notice, or other information however characterized when the supplier is required
54 by 16 C.F.R. Part 433 to so provide, use, or include the statement, disclosure, notice, or other
55 information in connection with the consumer transaction;
56 14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection
57 with a consumer transaction;
58 15. Violating any provision of § 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515,
INTRODUCED
HB737
7/29/22
6:56

HB737 2of3
59 3.2-6516, or 3.2-6519 is a violation of this chapter;
60 16. Failing to disclose all conditions, charges, or fees relating to:
61 a. The return of goods for refund, exchange, or credit. Such disclosure shall be by means of a sign
62 attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be
63 readily noticeable and readable by the person obtaining the goods from the supplier. If the supplier does
64 not permit a