{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-198.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-198.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-198.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-198.html"}],"law_id":70121,"edition_id":1,"section_id":70121,"structure_id":13706,"section_number":"59.1-198","catch_line":"Definitions","history":"1977, c. 635; 1981, c. 205; 1987, c. 464; 1988, c. 485; 1992, c. 278; 2001, cc. 741, 762; 2004, cc. 41, 90; 2009, cc. 359, 700; 2010, c. 143; 2011, c. 615; 2019, cc. 291, 292; 2025, c. 591.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Business opportunity” means the sale of any products, equipment, supplies, or services that are sold to an individual for the purpose of enabling such individual to start a business to be operated out of his residence, but does not include a business opportunity that is subject to the Business Opportunity Sales Act (\u00a7 59.1-262 et seq.).\n\t\t“Children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:\n\n1\n\nA statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable;2\n\nWhether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger;3\n\nWhether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger; and4\n\nThe Age Determination Guidelines issued by the staff of the Consumer Products Safety Commission in September 2002, and any successor to such guidelines.\n\t\t\t“Consent” means the same as that term is defined in § 59.1-575.\n\t\t\t“Consumer transaction” means:1\n\nThe advertisement, sale, lease, license, or offering for sale, lease, or license, of goods or services to be used primarily for personal, family, or household purposes;2\n\nTransactions involving the advertisement, offer, or sale to an individual of a business opportunity that requires both his expenditure of money or property and his personal services on a continuing basis and in which he has not been previously engaged;3\n\nTransactions involving the advertisement, offer, or sale to an individual of goods or services relating to the individual’s finding or obtaining employment;4\n\nA layaway agreement, whereby part or all of the price of goods is payable in one or more payments subsequent to the making of the layaway agreement and the supplier retains possession of the goods and bears the risk of their loss or damage until the goods are paid in full according to the layaway agreement;5\n\nTransactions involving the advertisement, sale, lease, or license, or the offering for sale, lease, or license, of goods or services to a church or other religious body; and6\n\nTransactions involving the advertisement of legal services that contain information about the results of a state or federal survey, inspection, or investigation of a nursing home or certified nursing facility as described in subsection E of § 32.1-126.\n\t\t\t“Cure offer” means a written offer of one or more things of value, including but not limited to the payment of money, that is made by a supplier and that is delivered to a person claiming to have suffered a loss as a result of a consumer transaction or to the attorney for such person. A cure offer shall be reasonably calculated to remedy a loss claimed by the person and it shall include a minimum additional amount equaling 10 percent of the value of the cure offer or $500, whichever is greater, as compensation for inconvenience, any attorney’s or other fees, expenses, or other costs of any kind that such person may incur in relation to such loss, provided, however, that the minimum additional amount need not exceed $4,000.\n\t\t\t“Defective drywall” means drywall, or similar building material composed of dried gypsum-based plaster, that (i) as a result of containing the same or greater levels of strontium sulfide that has been found in drywall manufactured in the People’s Republic of China and imported into the United States between 2004 and 2007 is capable, when exposed to heat, humidity, or both, of releasing sulfur dioxide, hydrogen sulfide, carbon disulfide, or other sulfur compounds into the air or (ii) has been designated by the U.S. Consumer Product Safety Commission as a product with a product defect that constitutes a substantial product hazard within the meaning of § 15(a)(2) of the Consumer Product Safety Act (15 U.S.C. § 2064 (a)(2)).\n\t\t\t“Goods” means all real, personal, or mixed property, tangible or intangible. For purposes of this chapter, intangible property includes but shall not be limited to “computer information” and “informational rights” in computer information as defined in § 59.1-501.2.\n\t\t\t“Person” means any natural person, corporation, trust, partnership, association, and any other legal entity.\n\t\t\t“Reproductive or sexual health information” means information relating to the past, present, or future reproductive or sexual health of an individual, including:1\n\nEfforts to research or obtain reproductive or sexual health information services or supplies, including location information that may indicate an attempt to acquire such services or supplies;2\n\nReproductive or sexual health conditions, status, diseases, or diagnoses, including pregnancy, menstruation, ovulation, ability to conceive a pregnancy, whether an individual is sexually active, and whether an individual is engaging in unprotected sex;3\n\nReproductive and sexual health-related surgeries and procedures, including termination of a pregnancy;4\n\nUse or purchase of contraceptives, birth control, or other medication related to reproductive health, including abortifacients;5\n\nBodily functions, vital signs, measurements, or symptoms related to menstruation or pregnancy, including basal temperature, cramps, bodily discharge, or hormone levels;6\n\nAny information about diagnoses or diagnostic testing, treatment, or medications, or the use of any product or service relating to the matters described in subdivisions 1 through 5; and7\n\nAny information described in subdivisions 1 through 6 that is derived or extrapolated from non-health-related information such as proxy, derivative, inferred, emergent, or algorithmic data.\n\t\t\t“Reproductive or sexual health information” does not include health information that is protected under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. § 1320d et seq.), health records for the purposes of Title 32.1, or patient-identifying records for the purposes of 42 U.S.C. § 290dd-2.\n\t\t\t“Services” includes but is not limited to (i) work performed in the business or occupation of the supplier, (ii) work performed for the supplier by an agent whose charges or costs for such work are transferred by the supplier to the consumer or purchaser as an element of the consumer transaction, or (iii) the subject of an “access contract” as defined in § 59.1-501.2.\n\t\t\t“Supplier” means a seller, lessor, licensor, or professional that advertises, solicits, or engages in consumer transactions, or a manufacturer, distributor, or licensor that advertises and sells, leases, or licenses goods or services to be resold, leased, or sublicensed by other persons in consumer transactions.","order_by":null,"text":{"0":{"id":253199,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Business opportunity” means the sale of any products, equipment, supplies, or services that are sold to an individual for the purpose of enabling such individual to start a business to be operated out of his residence, but does not include a business opportunity that is subject to the Business Opportunity Sales Act (\u00a7 59.1-262 et seq.).\n\t\t“Children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":253200,"text":"A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":253201,"text":"Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":253202,"text":"Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":253203,"text":"The Age Determination Guidelines issued by the staff of the Consumer Products Safety Commission in September 2002, and any successor to such guidelines.\n\t\t\t“Consent” means the same as that term is defined in § 59.1-575.\n\t\t\t“Consumer transaction” means:","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"1"},"5":{"id":253204,"text":"The advertisement, sale, lease, license, or offering for sale, lease, or license, of goods or services to be used primarily for personal, family, or household purposes;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4","next_prefix":"2"},"6":{"id":253205,"text":"Transactions involving the advertisement, offer, or sale to an individual of a business opportunity that requires both his expenditure of money or property and his personal services on a continuing basis and in which he has not been previously engaged;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"7":{"id":253206,"text":"Transactions involving the advertisement, offer, or sale to an individual of goods or services relating to the individual’s finding or obtaining employment;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"8":{"id":253207,"text":"A layaway agreement, whereby part or all of the price of goods is payable in one or more payments subsequent to the making of the layaway agreement and the supplier retains possession of the goods and bears the risk of their loss or damage until the goods are paid in full according to the layaway agreement;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"9":{"id":253208,"text":"Transactions involving the advertisement, sale, lease, or license, or the offering for sale, lease, or license, of goods or services to a church or other religious body; and","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"10":{"id":253209,"text":"Transactions involving the advertisement of legal services that contain information about the results of a state or federal survey, inspection, or investigation of a nursing home or certified nursing facility as described in subsection E of § 32.1-126.\n\t\t\t“Cure offer” means a written offer of one or more things of value, including but not limited to the payment of money, that is made by a supplier and that is delivered to a person claiming to have suffered a loss as a result of a consumer transaction or to the attorney for such person. A cure offer shall be reasonably calculated to remedy a loss claimed by the person and it shall include a minimum additional amount equaling 10 percent of the value of the cure offer or $500, whichever is greater, as compensation for inconvenience, any attorney’s or other fees, expenses, or other costs of any kind that such person may incur in relation to such loss, provided, however, that the minimum additional amount need not exceed $4,000.\n\t\t\t“Defective drywall” means drywall, or similar building material composed of dried gypsum-based plaster, that (i) as a result of containing the same or greater levels of strontium sulfide that has been found in drywall manufactured in the People’s Republic of China and imported into the United States between 2004 and 2007 is capable, when exposed to heat, humidity, or both, of releasing sulfur dioxide, hydrogen sulfide, carbon disulfide, or other sulfur compounds into the air or (ii) has been designated by the U.S. Consumer Product Safety Commission as a product with a product defect that constitutes a substantial product hazard within the meaning of § 15(a)(2) of the Consumer Product Safety Act (15 U.S.C. § 2064 (a)(2)).\n\t\t\t“Goods” means all real, personal, or mixed property, tangible or intangible. For purposes of this chapter, intangible property includes but shall not be limited to “computer information” and “informational rights” in computer information as defined in § 59.1-501.2.\n\t\t\t“Person” means any natural person, corporation, trust, partnership, association, and any other legal entity.\n\t\t\t“Reproductive or sexual health information” means information relating to the past, present, or future reproductive or sexual health of an individual, including:","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"1"},"11":{"id":253210,"text":"Efforts to research or obtain reproductive or sexual health information services or supplies, including location information that may indicate an attempt to acquire such services or supplies;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"6","next_prefix":"2"},"12":{"id":253211,"text":"Reproductive or sexual health conditions, status, diseases, or diagnoses, including pregnancy, menstruation, ovulation, ability to conceive a pregnancy, whether an individual is sexually active, and whether an individual is engaging in unprotected sex;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"13":{"id":253212,"text":"Reproductive and sexual health-related surgeries and procedures, including termination of a pregnancy;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"14":{"id":253213,"text":"Use or purchase of contraceptives, birth control, or other medication related to reproductive health, including abortifacients;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"15":{"id":253214,"text":"Bodily functions, vital signs, measurements, or symptoms related to menstruation or pregnancy, including basal temperature, cramps, bodily discharge, or hormone levels;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"16":{"id":253215,"text":"Any information about diagnoses or diagnostic testing, treatment, or medications, or the use of any product or service relating to the matters described in subdivisions 1 through 5; and","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"17":{"id":253216,"text":"Any information described in subdivisions 1 through 6 that is derived or extrapolated from non-health-related information such as proxy, derivative, inferred, emergent, or algorithmic data.\n\t\t\t“Reproductive or sexual health information” does not include health information that is protected under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. § 1320d et seq.), health records for the purposes of Title 32.1, or patient-identifying records for the purposes of 42 U.S.C. § 290dd-2.\n\t\t\t“Services” includes but is not limited to (i) work performed in the business or occupation of the supplier, (ii) work performed for the supplier by an agent whose charges or costs for such work are transferred by the supplier to the consumer or purchaser as an element of the consumer transaction, or (iii) the subject of an “access contract” as defined in § 59.1-501.2.\n\t\t\t“Supplier” means a seller, lessor, licensor, or professional that advertises, solicits, or engages in consumer transactions, or a manufacturer, distributor, or licensor that advertises and sells, leases, or licenses goods or services to be resold, leased, or sublicensed by other persons in consumer transactions.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"ancestry":[{"id":13706,"edition_id":1,"name":"Virginia Consumer Protection Act","identifier":"17","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:45:36","date_modified":"2026-06-26 03:45:36","permalink":{"id":259775,"object_type":"structure","relational_id":13706,"identifier":"17","token":"59.1\/17","url":"\/59.1\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56198,"structure_id":13706,"section_number":"59.1-196","catch_line":"Title","url":"\/59.1-196\/","token":"59.1\/17\/59.1-196","metadata":false},{"id":73728,"structure_id":13706,"section_number":"59.1-197","catch_line":"Intent","url":"\/59.1-197\/","token":"59.1\/17\/59.1-197","metadata":false},{"id":70121,"structure_id":13706,"section_number":"59.1-198","catch_line":"Definitions","url":"\/59.1-198\/","token":"59.1\/17\/59.1-198","metadata":false},{"id":69020,"structure_id":13706,"section_number":"59.1-199","catch_line":"Exclusions","url":"\/59.1-199\/","token":"59.1\/17\/59.1-199","metadata":false},{"id":82977,"structure_id":13706,"section_number":"59.1-200","catch_line":"Prohibited practices","url":"\/59.1-200\/","token":"59.1\/17\/59.1-200","metadata":false},{"id":63532,"structure_id":13706,"section_number":"59.1-200.1","catch_line":"Prohibited practices; foreclosure rescue","url":"\/59.1-200.1\/","token":"59.1\/17\/59.1-200.1","metadata":false},{"id":72568,"structure_id":13706,"section_number":"59.1-201","catch_line":"Civil investigative orders","url":"\/59.1-201\/","token":"59.1\/17\/59.1-201","metadata":false},{"id":80041,"structure_id":13706,"section_number":"59.1-201.1","catch_line":"Attorney General empowered to issue civil investigative demands","url":"\/59.1-201.1\/","token":"59.1\/17\/59.1-201.1","metadata":false},{"id":54689,"structure_id":13706,"section_number":"59.1-202","catch_line":"Assurances of voluntary compliance","url":"\/59.1-202\/","token":"59.1\/17\/59.1-202","metadata":false},{"id":58087,"structure_id":13706,"section_number":"59.1-203","catch_line":"Restraining prohibited acts","url":"\/59.1-203\/","token":"59.1\/17\/59.1-203","metadata":false},{"id":78713,"structure_id":13706,"section_number":"59.1-204","catch_line":"Individual action for damages or penalty","url":"\/59.1-204\/","token":"59.1\/17\/59.1-204","metadata":false},{"id":64214,"structure_id":13706,"section_number":"59.1-204.1","catch_line":"Tolling of limitation","url":"\/59.1-204.1\/","token":"59.1\/17\/59.1-204.1","metadata":false},{"id":64777,"structure_id":13706,"section_number":"59.1-205","catch_line":"Additional relief","url":"\/59.1-205\/","token":"59.1\/17\/59.1-205","metadata":false},{"id":83374,"structure_id":13706,"section_number":"59.1-206","catch_line":"Civil penalties; attorney fees","url":"\/59.1-206\/","token":"59.1\/17\/59.1-206","metadata":false},{"id":85255,"structure_id":13706,"section_number":"59.1-207","catch_line":"Unintentional violations","url":"\/59.1-207\/","token":"59.1\/17\/59.1-207","metadata":false}],"previous_section":{"id":73728,"structure_id":13706,"section_number":"59.1-197","catch_line":"Intent","url":"\/59.1-197\/","token":"59.1\/17\/59.1-197","metadata":false},"next_section":{"id":69020,"structure_id":13706,"section_number":"59.1-199","catch_line":"Exclusions","url":"\/59.1-199\/","token":"59.1\/17\/59.1-199","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-198\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 635 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 11 times. 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. Those modifications are as follows: in 1981, chapter 205; in 1987, chapter 464; in 1988, chapter 485; in 1992, chapter 278; in 2001, chapters 741<\/a> and 762<\/a>; in 2004, chapters 41<\/a> and 90<\/a>; in 2009, chapters 359<\/a> and 700<\/a>; in 2010, chapter 143<\/a>; in 2011, chapter 615<\/a>; in 2019, chapters 291<\/a> and 292<\/a>; in 2025, chapter 591<\/a>.<\/p>","references":[{"id":63532,"section_number":"59.1-200.1","catch_line":"Prohibited practices; foreclosure rescue","order_by":null,"url":"\/59.1-200.1\/"},{"id":74265,"section_number":"59.1-207.40","catch_line":"Definitions","order_by":null,"url":"\/59.1-207.40\/"},{"id":79809,"section_number":"59.1-207.45","catch_line":"Definitions","order_by":null,"url":"\/59.1-207.45\/"},{"id":81557,"section_number":"59.1-526","catch_line":"Definitions","order_by":null,"url":"\/59.1-526\/"},{"id":67388,"section_number":"59.1-607","catch_line":"Definitions","order_by":null,"url":"\/59.1-607\/"}],"refers_to":[{"id":60850,"section_number":"32.1-126","catch_line":"Commissioner to inspect and to issue licenses to or assure compliance with certification requirements for hospitals, nursing homes, and certified nursing facilities; notice of denial of license; consultative advice and assistance; notice to electric utilities","order_by":null,"url":"\/32.1-126\/"},{"id":78004,"section_number":"59.1-262","catch_line":"Short title","order_by":null,"url":"\/59.1-262\/"},{"id":76155,"section_number":"59.1-501.2","catch_line":"Definitions","order_by":null,"url":"\/59.1-501.2\/"},{"id":81398,"section_number":"59.1-575","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/59.1-575\/"}],"permalink":{"id":259785,"object_type":"law","relational_id":70121,"identifier":"59.1-198","token":"59.1\/17\/59.1-198","url":"\/59.1-198\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-198\/","token":"59.1\/17\/59.1-198","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-198","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Business opportunity<\/span>” means the sale of any products, equipment, supplies, or services<\/span> that are sold to an individual for the purpose of enabling such individual to start a business to be operated out of his residence, but does not include a business opportunity<\/span> that is subject to the Business Opportunity<\/span> Sales Act (\u00a7 59.1-262<\/a> et seq.).\n\t\t“Children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Age Determination Guidelines issued by the staff of the Consumer Products Safety Commission in September 2002, and any successor to such guidelines.\n\t\t\t“Consent<\/span>” means the same as that term is defined in § 59.1-575<\/a>.\n\t\t\t“Consumer transaction” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The advertisement, sale, lease, license, or offering for sale, lease, or license, of goods<\/span> or services<\/span> to be used primarily for personal, family, or household purposes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Transactions involving the advertisement, offer, or sale to an individual of a business opportunity<\/span> that requires both his expenditure of money or property and his personal services<\/span> on a continuing basis and in which he has not been previously engaged; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Transactions involving the advertisement, offer, or sale to an individual of goods<\/span> or services<\/span> relating to the individual’s finding<\/span> or obtaining employment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A layaway agreement, whereby part or all of the price of goods<\/span> is payable in one or more payments subsequent to the making of the layaway agreement and the supplier<\/span> retains possession<\/span> of the goods<\/span> and bears the risk of their loss or damage until the goods<\/span> are paid in full according to the layaway agreement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Transactions involving the advertisement, sale, lease, or license, or the offering for sale, lease, or license, of goods<\/span> or services<\/span> to a church or other religious body; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Transactions involving the advertisement of legal services<\/span> that contain information about the results of a state or federal survey, inspection, or investigation of a nursing home or certified nursing facility as described in subsection E of § 32.1-126<\/a>.\n\t\t\t“Cure offer<\/span>” means a written offer of one or more things of value, including but not limited to the payment of money, that is made by a supplier<\/span> and that is delivered to a person<\/span> claiming to have suffered a loss as a result of a consumer transaction or to the attorney for such person<\/span>. A cure offer<\/span> shall be reasonably calculated to remedy a loss claimed by the person<\/span> and it shall include a minimum additional amount equaling 10 percent of the value of the cure offer<\/span> or $500, whichever is greater, as compensation for inconvenience, any attorney’s or other fees, expenses, or other costs of any kind that such person<\/span> may incur in relation to such loss, provided, however, that the minimum additional amount need not exceed $4,000.\n\t\t\t“Defective drywall<\/span>” means drywall, or similar building material<\/span> composed of dried gypsum-based plaster, that (i) as a result of containing the same or greater levels of strontium sulfide that has been found in drywall manufactured in the People’s Republic of China and imported into the United States between 2004 and 2007 is capable, when exposed to heat, humidity, or both, of releasing sulfur dioxide, hydrogen sulfide, carbon disulfide, or other sulfur compounds into the air or (ii) has been designated by the U.S. Consumer Product Safety Commission as a product with a product defect that constitutes a substantial product hazard within the meaning of § 15(a)(2) of the Consumer Product Safety Act (15 U.S.C. § 2064 (a)(2)).\n\t\t\t“Goods<\/span>” means all real, personal, or mixed property, tangible or intangible. For purposes of this chapter, intangible property includes but shall not be limited to “computer information<\/span>” and “informational rights<\/span>” in computer information<\/span> as defined in § 59.1-501.2<\/a>.\n\t\t\t“Person<\/span>” means any natural person<\/span>, corporation, trust, partnership, association, and any other legal entity.\n\t\t\t“Reproductive or sexual health information<\/span>” means information relating to the past, present, or future reproductive or sexual health of an individual, including: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Efforts to research or obtain reproductive or sexual health information<\/span> services<\/span> or supplies, including location information that may indicate an attempt to acquire such services<\/span> or supplies; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Reproductive or sexual health conditions, status, diseases, or diagnoses, including pregnancy, menstruation, ovulation, ability to conceive a pregnancy, whether an individual is sexually active, and whether an individual is engaging in unprotected sex; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Reproductive and sexual health-related surgeries and procedures, including termination of a pregnancy; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Use or purchase of contraceptives, birth control, or other medication related to reproductive health, including abortifacients; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Bodily functions, vital signs, measurements, or symptoms related to menstruation or pregnancy, including basal temperature, cramps, bodily discharge, or hormone levels; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any information about diagnoses or diagnostic testing, treatment, or medications, or the use of any product or service relating to the matters described in subdivisions 1 through 5; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any information described in subdivisions 1 through 6 that is derived or extrapolated from non-health-related information such as proxy, derivative, inferred, emergent, or algorithmic data.\n\t\t\t“Reproductive or sexual health information<\/span>” does not include health information that is protected under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. § 1320d et seq.), health records for the purposes of Title 32.1, or patient-identifying records for the purposes of 42 U.S.C. § 290dd-2.\n\t\t\t“Services<\/span>” includes but is not limited to (i) work performed in the business or occupation of the supplier<\/span>, (ii) work performed for the supplier<\/span> by an agent whose charges or costs for such work are transferred by the supplier<\/span> to the consumer or purchaser as an element of the consumer transaction, or (iii) the subject of an “access contract<\/span>” as defined in § 59.1-501.2<\/a>.\n\t\t\t“Supplier<\/span>” means a seller, lessor, licensor, or professional that advertises, solicits, or engages in consumer transactions, or a manufacturer, distributor, or licensor that advertises and sells, leases, or licenses goods<\/span> or services<\/span> to be resold, leased, or sublicensed by other persons<\/span> in consumer transactions. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 59.1-198)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Business opportunity” means the sale of any products, equipment,\nsupplies, or services that are sold to an individual for the purpose of enabling\nsuch individual to start a business to be operated out of his residence, but\ndoes not include a business opportunity that is subject to the Business\nOpportunity Sales Act (\u00a7 59.1-262 et seq.).\n\t\t“Children’s product” means a consumer product designed or\nintended primarily for children 12 years of age or younger. In determining\nwhether a consumer product is primarily intended for a child 12 years of age or\nyounger, the following factors shall be considered:\n\n1. A statement by a manufacturer about the intended use of such product,\nincluding a label on such product if such statement is reasonable;\n\n2. Whether the product is represented in its packaging, display, promotion, or\nadvertising as appropriate for use by children 12 years of age or younger;\n\n3. Whether the product is commonly recognized by consumers as being intended for\nuse by a child 12 years of age or younger; and\n\n4. The Age Determination Guidelines issued by the staff of the Consumer Products\nSafety Commission in September 2002, and any successor to such guidelines.\n\t\t\t“Consent” means the same as that term is defined in §\n59.1-575.\n\t\t\t“Consumer transaction” means:\n\n1. The advertisement, sale, lease, license, or offering for sale, lease, or\nlicense, of goods or services to be used primarily for personal, family, or\nhousehold purposes;\n\n2. Transactions involving the advertisement, offer, or sale to an individual of\na business opportunity that requires both his expenditure of money or property\nand his personal services on a continuing basis and in which he has not been\npreviously engaged;\n\n3. Transactions involving the advertisement, offer, or sale to an individual of\ngoods or services relating to the individual’s finding or obtaining\nemployment;\n\n4. A layaway agreement, whereby part or all of the price of goods is payable in\none or more payments subsequent to the making of the layaway agreement and the\nsupplier retains possession of the goods and bears the risk of their loss or\ndamage until the goods are paid in full according to the layaway agreement;\n\n5. Transactions involving the advertisement, sale, lease, or license, or the\noffering for sale, lease, or license, of goods or services to a church or other\nreligious body; and\n\n6. Transactions involving the advertisement of legal services that contain\ninformation about the results of a state or federal survey, inspection, or\ninvestigation of a nursing home or certified nursing facility as described in\nsubsection E of § 32.1-126.\n\t\t\t“Cure offer” means a written offer of one or more things of\nvalue, including but not limited to the payment of money, that is made by a\nsupplier and that is delivered to a person claiming to have suffered a loss as a\nresult of a consumer transaction or to the attorney for such person. A cure\noffer shall be reasonably calculated to remedy a loss claimed by the person and\nit shall include a minimum additional amount equaling 10 percent of the value of\nthe cure offer or $500, whichever is greater, as compensation for inconvenience,\nany attorney’s or other fees, expenses, or other costs of any kind that\nsuch person may incur in relation to such loss, provided, however, that the\nminimum additional amount need not exceed $4,000.\n\t\t\t“Defective drywall” means drywall, or similar building material\ncomposed of dried gypsum-based plaster, that (i) as a result of containing the\nsame or greater levels of strontium sulfide that has been found in drywall\nmanufactured in the People’s Republic of China and imported into the\nUnited States between 2004 and 2007 is capable, when exposed to heat, humidity,\nor both, of releasing sulfur dioxide, hydrogen sulfide, carbon disulfide, or\nother sulfur compounds into the air or (ii) has been designated by the U.S.\nConsumer Product Safety Commission as a product with a product defect that\nconstitutes a substantial product hazard within the meaning of § 15(a)(2)\nof the Consumer Product Safety Act (15 U.S.C. § 2064 (a)(2)).\n\t\t\t“Goods” means all real, personal, or mixed property, tangible or\nintangible. For purposes of this chapter, intangible property includes but shall\nnot be limited to “computer information” and “informational\nrights” in computer information as defined in § 59.1-501.2.\n\t\t\t“Person” means any natural person, corporation, trust,\npartnership, association, and any other legal entity.\n\t\t\t“Reproductive or sexual health information” means information\nrelating to the past, present, or future reproductive or sexual health of an\nindividual, including:\n\n1. Efforts to research or obtain reproductive or sexual health information\nservices or supplies, including location information that may indicate an\nattempt to acquire such services or supplies;\n\n2. Reproductive or sexual health conditions, status, diseases, or diagnoses,\nincluding pregnancy, menstruation, ovulation, ability to conceive a pregnancy,\nwhether an individual is sexually active, and whether an individual is engaging\nin unprotected sex;\n\n3. Reproductive and sexual health-related surgeries and procedures, including\ntermination of a pregnancy;\n\n4. Use or purchase of contraceptives, birth control, or other medication related\nto reproductive health, including abortifacients;\n\n5. Bodily functions, vital signs, measurements, or symptoms related to\nmenstruation or pregnancy, including basal temperature, cramps, bodily\ndischarge, or hormone levels;\n\n6. Any information about diagnoses or diagnostic testing, treatment, or\nmedications, or the use of any product or service relating to the matters\ndescribed in subdivisions 1 through 5; and\n\n7. Any information described in subdivisions 1 through 6 that is derived or\nextrapolated from non-health-related information such as proxy, derivative,\ninferred, emergent, or algorithmic data.\n\t\t\t“Reproductive or sexual health information” does not include\nhealth information that is protected under the federal Health Insurance\nPortability and Accountability Act of 1996 (42 U.S.C. § 1320d et seq.),\nhealth records for the purposes of Title 32.1, or patient-identifying records\nfor the purposes of 42 U.S.C. § 290dd-2.\n\t\t\t“Services” includes but is not limited to (i) work performed in\nthe business or occupation of the supplier, (ii) work performed for the supplier\nby an agent whose charges or costs for such work are transferred by the supplier\nto the consumer or purchaser as an element of the consumer transaction, or (iii)\nthe subject of an “access contract” as defined in § 59.1-501.2.\n\t\t\t“Supplier” means a seller, lessor, licensor, or professional that\nadvertises, solicits, or engages in consumer transactions, or a manufacturer,\ndistributor, or licensor that advertises and sells, leases, or licenses goods or\nservices to be resold, leased, or sublicensed by other persons in consumer\ntransactions.\n\nHISTORY: 1977, c. 635; 1981, c. 205; 1987, c. 464; 1988, c. 485; 1992, c. 278;\n2001, cc. 741, 762; 2004, cc. 41, 90; 2009, cc. 359, 700; 2010, c. 143; 2011, c.\n615; 2019, cc. 291, 292; 2025, c. 591.","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}}