{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-593.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-593.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-593.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-593.html"}],"law_id":77066,"edition_id":1,"section_id":77066,"structure_id":13084,"section_number":"56-593","catch_line":"Retail customers’ private right of action; marketing practices","history":"1999, c. 411; 2000, c. 991.","full_text":"A\n\nNo entity subject to this chapter shall use any deception, fraud, false pretense, misrepresentation, or any deceptive or unfair practices in providing, distributing or marketing electric service.B\n\n1. Any person who suffers loss (i) as the result of marketing practices, including telemarketing practices, engaged in by any public service company, licensed supplier, aggregator or any other provider of any service made competitive under this chapter, and in violation of subsection C of \u00a7 56-592, including any rule or regulation adopted by the Commission pursuant thereto, or (ii) as the result of any violation of subsection A, shall be entitled to initiate an action to recover actual damages, or $500, whichever is greater. If the trier of fact finds that the violation was willful, it may increase damages to an amount not exceeding three times the actual damages sustained, or $1,000, whichever is greater.2\n\nUpon referral from the Commission, the Attorney General, the attorney for the Commonwealth, or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit court for relief of violations within the scope of (i) subsection C of § 56-592, including any rule or regulation adopted by the Commission pursuant thereto or (ii) subsection A.C\n\nNotwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person, or any governmental agency initiating such action, also may be awarded reasonable attorney’s fees and court costs.D\n\nAny action pursuant to this section shall be commenced within two years after its accrual. The cause of action shall accrue as provided in § 8.01-230. However, if the Commission initiates proceedings, or any other governmental agency files suit for the purpose of enforcing subsection A of this section or the provisions of subsection C of § 56-592, the time during which such proceeding or governmental suit and all appeals therefrom is pending shall not be counted as any part of the period within which an action under this section shall be brought.E\n\nThe circuit court may make such additional orders or decrees as may be necessary to restore to any identifiable person any money or property, real, personal, or mixed, tangible or intangible, which may have been acquired from such person by means of any act or practice violative of subsection A of this section or subsection C of § 56-592, provided, that such person shall be identified by order of the court within 180 days from the date of any order permanently enjoining the unlawful act or practice.F\n\nIn any case arising under this section, no liability shall be imposed upon any licensed supplier, aggregator or any other provider of any service made competitive under this chapter, who shows by a preponderance of the evidence that (i) the act or practice alleged to be in violation of subsection A of this section or subsection C of § 56-592 was an act or practice over which the same had no control or (ii) the alleged violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid a violation. However, nothing in this section shall prevent the court from ordering restitution and payment of reasonable attorney’s fees and court costs pursuant to subsection C to individuals aggrieved as a result of an unintentional violation of subsection A of this section or subsection C of § 56-592.","order_by":null,"text":{"0":{"id":276506,"text":"No entity subject to this chapter shall use any deception, fraud, false pretense, misrepresentation, or any deceptive or unfair practices in providing, distributing or marketing electric service.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276507,"text":"1. Any person who suffers loss (i) as the result of marketing practices, including telemarketing practices, engaged in by any public service company, licensed supplier, aggregator or any other provider of any service made competitive under this chapter, and in violation of subsection C of \u00a7 56-592, including any rule or regulation adopted by the Commission pursuant thereto, or (ii) as the result of any violation of subsection A, shall be entitled to initiate an action to recover actual damages, or $500, whichever is greater. If the trier of fact finds that the violation was willful, it may increase damages to an amount not exceeding three times the actual damages sustained, or $1,000, whichever is greater.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":276508,"text":"Upon referral from the Commission, the Attorney General, the attorney for the Commonwealth, or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit court for relief of violations within the scope of (i) subsection C of § 56-592, including any rule or regulation adopted by the Commission pursuant thereto or (ii) subsection A.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"C"},"3":{"id":276509,"text":"Notwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person, or any governmental agency initiating such action, also may be awarded reasonable attorney’s fees and court costs.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"4":{"id":276510,"text":"Any action pursuant to this section shall be commenced within two years after its accrual. The cause of action shall accrue as provided in § 8.01-230. However, if the Commission initiates proceedings, or any other governmental agency files suit for the purpose of enforcing subsection A of this section or the provisions of subsection C of § 56-592, the time during which such proceeding or governmental suit and all appeals therefrom is pending shall not be counted as any part of the period within which an action under this section shall be brought.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":276511,"text":"The circuit court may make such additional orders or decrees as may be necessary to restore to any identifiable person any money or property, real, personal, or mixed, tangible or intangible, which may have been acquired from such person by means of any act or practice violative of subsection A of this section or subsection C of § 56-592, provided, that such person shall be identified by order of the court within 180 days from the date of any order permanently enjoining the unlawful act or practice.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":276512,"text":"In any case arising under this section, no liability shall be imposed upon any licensed supplier, aggregator or any other provider of any service made competitive under this chapter, who shows by a preponderance of the evidence that (i) the act or practice alleged to be in violation of subsection A of this section or subsection C of § 56-592 was an act or practice over which the same had no control or (ii) the alleged violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid a violation. However, nothing in this section shall prevent the court from ordering restitution and payment of reasonable attorney’s fees and court costs pursuant to subsection C to individuals aggrieved as a result of an unintentional violation of subsection A of this section or subsection C of § 56-592.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13084,"edition_id":1,"name":"Virginia Electric Utility Regulation Act","identifier":"23","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:15","date_modified":"2026-06-26 03:44:15","permalink":{"id":250597,"object_type":"structure","relational_id":13084,"identifier":"23","token":"56\/23","url":"\/56\/23\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62210,"structure_id":13084,"section_number":"56-576","catch_line":"Definitions","url":"\/56-576\/","token":"56\/23\/56-576","metadata":false},{"id":79838,"structure_id":13084,"section_number":"56-577","catch_line":"Schedule for transition to retail competition; Commission authority; exemptions; pilot programs","url":"\/56-577\/","token":"56\/23\/56-577","metadata":false},{"id":69790,"structure_id":13084,"section_number":"56-577.1","catch_line":"Electric utilities; retail competition; pilot 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This law was first created in 1999. The record of its establishment is cataloged in chapter 411<\/a> 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. 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 2000, chapter 991<\/a>.<\/p>","references":false,"refers_to":[{"id":85339,"section_number":"56-592","catch_line":"Consumer education and marketing practices","order_by":null,"url":"\/56-592\/"},{"id":74083,"section_number":"8.01-230","catch_line":"Accrual of right of action","order_by":null,"url":"\/8.01-230\/"}],"permalink":{"id":250783,"object_type":"law","relational_id":77066,"identifier":"56-593","token":"56\/23\/56-593","url":"\/56-593\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-593\/","token":"56\/23\/56-593","dublin_core":{"Title":"Retail customers’ private right of action; marketing practices","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-593","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No entity subject to this chapter shall use any deception, fraud<\/span>, false pretense<\/span>, misrepresentation, or any deceptive or unfair practices in providing, distributing or marketing electric service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. Any person<\/span> who suffers loss (i) as the result of marketing practices, including telemarketing practices, engaged in by any public service company<\/span>, licensed supplier<\/span>, aggregator<\/span> or any other provider of any service made competitive under this chapter, and in violation of subsection C of \u00a7 56-592<\/a>, including any rule or regulation adopted by the Commission<\/span> pursuant thereto, or (ii) as the result of any violation of subsection A, shall be entitled to initiate an action to recover actual damages<\/span>, or $500, whichever is greater. If the trier of fact<\/span> finds that the violation was willful, it may increase damages<\/span> to an amount not exceeding three times the actual damages<\/span> sustained, or $1,000, whichever is greater. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Upon referral from the Commission<\/span>, the Attorney General<\/span>, the attorney for the Commonwealth, or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit<\/span> court<\/span> for relief of violations within the scope of (i) subsection C of § 56-592<\/a>, including any rule or regulation adopted by the Commission<\/span> pursuant thereto or (ii) subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any other provision of law<\/span> to the contrary, in addition to any damages<\/span> awarded, such person<\/span>, or any governmental agency initiating such action, also may be awarded reasonable attorney’s fees and court<\/span> costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any action pursuant to this section shall be commenced within two years after its accrual. The cause of action<\/span> shall accrue as provided in § 8.01-230<\/a>. However, if the Commission<\/span> initiates proceedings, or any other governmental agency files suit for the purpose of enforcing subsection A of this section or the provisions of subsection C of § 56-592<\/a>, the time during which such proceeding or governmental suit and all appeals<\/span> therefrom is pending shall not be counted as any part of the period within which an action under this section shall be brought. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The circuit<\/span> court<\/span> may make such additional orders<\/span> or decrees<\/span> as may be necessary to restore to any identifiable person<\/span> any money or property, real, personal, or mixed, tangible or intangible, which may have been acquired from such person<\/span> by means of any act or practice violative of subsection A of this section or subsection C of § 56-592<\/a>, provided, that such person<\/span> shall be identified by order<\/span> of the court<\/span> within 180 days from the date of any order<\/span> permanently enjoining the unlawful act or practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In any case arising under this section, no liability shall be imposed upon any licensed supplier<\/span>, aggregator<\/span> or any other provider of any service made competitive under this chapter, who shows by a preponderance of the evidence<\/span> that (i) the act or practice alleged to be in violation of subsection A of this section or subsection C of § 56-592<\/a> was an act or practice over which the same had no control or (ii) the alleged violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid a violation. However, nothing in this section shall prevent the court<\/span> from ordering restitution<\/span> and payment of reasonable attorney’s fees and court<\/span> costs pursuant to subsection C to individuals aggrieved as a result of an unintentional violation of subsection A of this section or subsection C of § 56-592<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRETAIL CUSTOMERS’ PRIVATE RIGHT OF ACTION; MARKETING PRACTICES (\u00a7 56-593)\n\nA. No entity subject to this chapter shall use any deception, fraud, false\npretense, misrepresentation, or any deceptive or unfair practices in providing,\ndistributing or marketing electric service.\n\nB. 1. Any person who suffers loss (i) as the result of marketing practices,\nincluding telemarketing practices, engaged in by any public service company,\nlicensed supplier, aggregator or any other provider of any service made\ncompetitive under this chapter, and in violation of subsection C of \u00a7 56-592,\nincluding any rule or regulation adopted by the Commission pursuant thereto, or\n(ii) as the result of any violation of subsection A, shall be entitled to\ninitiate an action to recover actual damages, or $500, whichever is greater. If\nthe trier of fact finds that the violation was willful, it may increase damages\nto an amount not exceeding three times the actual damages sustained, or $1,000,\nwhichever is greater.\n\n 2. Upon referral from the Commission, the Attorney General, the attorney for\n the Commonwealth, or the attorney for any city, county, or town may cause an\n action to be brought in the appropriate circuit court for relief of violations\n within the scope of (i) subsection C of § 56-592, including any rule or\n regulation adopted by the Commission pursuant thereto or (ii) subsection A.\n\nC. Notwithstanding any other provision of law to the contrary, in addition to\nany damages awarded, such person, or any governmental agency initiating such\naction, also may be awarded reasonable attorney’s fees and court costs.\n\nD. Any action pursuant to this section shall be commenced within two years after\nits accrual. The cause of action shall accrue as provided in § 8.01-230.\nHowever, if the Commission initiates proceedings, or any other governmental\nagency files suit for the purpose of enforcing subsection A of this section or\nthe provisions of subsection C of § 56-592, the time during which such\nproceeding or governmental suit and all appeals therefrom is pending shall not\nbe counted as any part of the period within which an action under this section\nshall be brought.\n\nE. The circuit court may make such additional orders or decrees as may be\nnecessary to restore to any identifiable person any money or property, real,\npersonal, or mixed, tangible or intangible, which may have been acquired from\nsuch person by means of any act or practice violative of subsection A of this\nsection or subsection C of § 56-592, provided, that such person shall be\nidentified by order of the court within 180 days from the date of any order\npermanently enjoining the unlawful act or practice.\n\nF. In any case arising under this section, no liability shall be imposed upon\nany licensed supplier, aggregator or any other provider of any service made\ncompetitive under this chapter, who shows by a preponderance of the evidence\nthat (i) the act or practice alleged to be in violation of subsection A of this\nsection or subsection C of § 56-592 was an act or practice over which the\nsame had no control or (ii) the alleged violation resulted from a bona fide\nerror notwithstanding the maintenance of procedures reasonably adopted to avoid\na violation. However, nothing in this section shall prevent the court from\nordering restitution and payment of reasonable attorney’s fees and court\ncosts pursuant to subsection C to individuals aggrieved as a result of an\nunintentional violation of subsection A of this section or subsection C of\n§ 56-592.\n\nHISTORY: 1999, c. 411; 2000, c. 991.","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}}