{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2612.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2612.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2612.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2612.html"}],"law_id":55408,"edition_id":1,"section_id":55408,"structure_id":12840,"section_number":"38.2-2612","catch_line":"Unfair trade practices","history":"1981, c. 530, \u00a7 38.1-942; 1986, c. 562.","full_text":"In addition to the provisions of Chapter 5 (\u00a7 38.2-500) of this title, the Commission may order any home protection company or its representatives to cease and desist from engaging in the following unfair trade practices:\n\n1\n\nThe making of any false or misleading statements, either oral or written, in connection with the sale, offer to sell, or advertisement of a home protection contract;2\n\nThe omission of any material statement in connection with the sale, offer to sell, or advertisement of a contract that under the circumstances should have been made in order to make the statements that were made not misleading;3\n\nThe making of any statement that the purchase of a home protection contract is mandatory;4\n\nThe making of any false or misleading statements, either oral or written, about the benefits or services available under the contract;5\n\nThe failure to perform the services promised under the contract in a timely, competent, or workmanlike manner; or6\n\nAny statement or practice which has the effect of creating or maintaining a fraud.","order_by":null,"text":{"0":{"id":203129,"text":"In addition to the provisions of Chapter 5 (\u00a7 38.2-500) of this title, the Commission may order any home protection company or its representatives to cease and desist from engaging in the following unfair trade practices:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":203130,"text":"The making of any false or misleading statements, either oral or written, in connection with the sale, offer to sell, or advertisement of a home protection contract;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":203131,"text":"The omission of any material statement in connection with the sale, offer to sell, or advertisement of a contract that under the circumstances should have been made in order to make the statements that were made not misleading;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":203132,"text":"The making of any statement that the purchase of a home protection contract is mandatory;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":203133,"text":"The making of any false or misleading statements, either oral or written, about the benefits or services available under the contract;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":203134,"text":"The failure to perform the services promised under the contract in a timely, competent, or workmanlike manner; or","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":203135,"text":"Any statement or practice which has the effect of creating or maintaining a fraud.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5"}},"ancestry":[{"id":12840,"edition_id":1,"name":"Home Protection Companies","identifier":"26","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":213943,"object_type":"structure","relational_id":12840,"identifier":"26","token":"38.2\/26","url":"\/38.2\/26\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85986,"structure_id":12840,"section_number":"38.2-2600","catch_line":"Definitions","url":"\/38.2-2600\/","token":"38.2\/26\/38.2-2600","metadata":false},{"id":75121,"structure_id":12840,"section_number":"38.2-2601","catch_line":"Exemptions","url":"\/38.2-2601\/","token":"38.2\/26\/38.2-2601","metadata":false},{"id":59380,"structure_id":12840,"section_number":"38.2-2602","catch_line":"Limited applicability to certain insurers","url":"\/38.2-2602\/","token":"38.2\/26\/38.2-2602","metadata":false},{"id":66093,"structure_id":12840,"section_number":"38.2-2603","catch_line":"License required; application; fee","url":"\/38.2-2603\/","token":"38.2\/26\/38.2-2603","metadata":false},{"id":80501,"structure_id":12840,"section_number":"38.2-2604","catch_line":"Qualification for license; net worth; deposit of securities with State Treasurer","url":"\/38.2-2604\/","token":"38.2\/26\/38.2-2604","metadata":false},{"id":79225,"structure_id":12840,"section_number":"38.2-2605","catch_line":"Expiration and renewal of license","url":"\/38.2-2605\/","token":"38.2\/26\/38.2-2605","metadata":false},{"id":56816,"structure_id":12840,"section_number":"38.2-2606","catch_line":"Reserves required","url":"\/38.2-2606\/","token":"38.2\/26\/38.2-2606","metadata":false},{"id":73559,"structure_id":12840,"section_number":"38.2-2607","catch_line":"Annual statements","url":"\/38.2-2607\/","token":"38.2\/26\/38.2-2607","metadata":false},{"id":74863,"structure_id":12840,"section_number":"38.2-2608","catch_line":"Home protection contracts; filing; form and contents; application or agreement to purchase; regulation of rates and charges","url":"\/38.2-2608\/","token":"38.2\/26\/38.2-2608","metadata":false},{"id":59105,"structure_id":12840,"section_number":"38.2-2609","catch_line":"Qualifications of agents","url":"\/38.2-2609\/","token":"38.2\/26\/38.2-2609","metadata":false},{"id":81246,"structure_id":12840,"section_number":"38.2-2610","catch_line":"Cancellation of home protection contracts","url":"\/38.2-2610\/","token":"38.2\/26\/38.2-2610","metadata":false},{"id":70070,"structure_id":12840,"section_number":"38.2-2611","catch_line":"Unfair discrimination","url":"\/38.2-2611\/","token":"38.2\/26\/38.2-2611","metadata":false},{"id":55408,"structure_id":12840,"section_number":"38.2-2612","catch_line":"Unfair trade practices","url":"\/38.2-2612\/","token":"38.2\/26\/38.2-2612","metadata":false},{"id":75413,"structure_id":12840,"section_number":"38.2-2613","catch_line":"Application of insurance laws","url":"\/38.2-2613\/","token":"38.2\/26\/38.2-2613","metadata":false},{"id":79863,"structure_id":12840,"section_number":"38.2-2614","catch_line":"Fronting not permitted","url":"\/38.2-2614\/","token":"38.2\/26\/38.2-2614","metadata":false},{"id":63662,"structure_id":12840,"section_number":"38.2-2615","catch_line":"Other insurance transactions prohibited","url":"\/38.2-2615\/","token":"38.2\/26\/38.2-2615","metadata":false},{"id":63494,"structure_id":12840,"section_number":"38.2-2616","catch_line":"Binding arbitration provisions in contract","url":"\/38.2-2616\/","token":"38.2\/26\/38.2-2616","metadata":false},{"id":53987,"structure_id":12840,"section_number":"38.2-2617","catch_line":"Repealed","url":"\/38.2-2617\/","token":"38.2\/26\/38.2-2617","metadata":false},{"id":63420,"structure_id":12840,"section_number":"38.2-2628","catch_line":"Repealed","url":"\/38.2-2628\/","token":"38.2\/26\/38.2-2628","metadata":false}],"previous_section":{"id":70070,"structure_id":12840,"section_number":"38.2-2611","catch_line":"Unfair discrimination","url":"\/38.2-2611\/","token":"38.2\/26\/38.2-2611","metadata":false},"next_section":{"id":75413,"structure_id":12840,"section_number":"38.2-2613","catch_line":"Application of insurance laws","url":"\/38.2-2613\/","token":"38.2\/26\/38.2-2613","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2612\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 530 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1986, chapter 562.<\/p>","references":false,"refers_to":[{"id":66905,"section_number":"38.2-500","catch_line":"Declaration of purpose","order_by":null,"url":"\/38.2-500\/"}],"permalink":{"id":213993,"object_type":"law","relational_id":55408,"identifier":"38.2-2612","token":"38.2\/26\/38.2-2612","url":"\/38.2-2612\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2612\/","token":"38.2\/26\/38.2-2612","dublin_core":{"Title":"Unfair trade practices","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2612","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In addition to the provisions of Chapter 5 (\u00a7 38.2-500<\/a>) of this title, the Commission<\/span> may order<\/span> any home protection company<\/span> or its representatives to cease and desist from engaging in the following unfair trade practices:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The making of any false or misleading statements, either oral or written, in connection with the sale, offer to sell, or advertisement of a home protection contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The omission of any material<\/span> statement in connection with the sale, offer to sell, or advertisement of a contract<\/span> that under the circumstances should have been made in order<\/span> to make the statements that were made not misleading; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The making of any statement that the purchase of a home protection contract<\/span> is mandatory; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The making of any false or misleading statements, either oral or written, about the benefits or services available under the contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The failure to perform the services promised under the contract<\/span> in a timely, competent, or workmanlike manner; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any statement or practice which has the effect of creating or maintaining a fraud<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNFAIR TRADE PRACTICES (\u00a7 38.2-2612)\n\nIn addition to the provisions of Chapter 5 (\u00a7 38.2-500) of this title, the\nCommission may order any home protection company or its representatives to cease\nand desist from engaging in the following unfair trade practices:\n\n1. The making of any false or misleading statements, either oral or written, in\nconnection with the sale, offer to sell, or advertisement of a home protection\ncontract;\n\n2. The omission of any material statement in connection with the sale, offer to\nsell, or advertisement of a contract that under the circumstances should have\nbeen made in order to make the statements that were made not misleading;\n\n3. The making of any statement that the purchase of a home protection contract\nis mandatory;\n\n4. The making of any false or misleading statements, either oral or written,\nabout the benefits or services available under the contract;\n\n5. The failure to perform the services promised under the contract in a timely,\ncompetent, or workmanlike manner; or\n\n6. Any statement or practice which has the effect of creating or maintaining a\nfraud.\n\nHISTORY: 1981, c. 530, \u00a7 38.1-942; 1986, c. 562.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}