{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-204.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-204.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-204.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-204.html"}],"law_id":78713,"edition_id":1,"section_id":78713,"structure_id":13706,"section_number":"59.1-204","catch_line":"Individual action for damages or penalty","history":"1977, c. 635; 1995, cc. 703, 726; 2004, cc. 41, 90; 2005, c. 250; 2006, c. 453.","full_text":"A\n\nAny person who suffers loss as the result of a violation of this chapter 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. Any person who accepts a cure offer under this chapter may not initiate or maintain any other or additional action based on any cause of action arising under any other statute or common law theory if such other action is substantially based on the same allegations of fact on which the action initiated under this chapter is based.B\n\nNotwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person also may be awarded reasonable attorneys’ fees and court costs.C\n\nNo cure offer shall be admissible in any proceeding initiated under this section, unless the cure offer is delivered by a supplier to the person claiming loss or to any attorney representing such person, prior to the filing of the supplier’s initial responsive pleading in such proceeding. If the cure offer is timely delivered by the supplier, then the supplier may introduce the cure offer into evidence at trial. The supplier shall not be liable for such person’s attorneys’ fees and court costs incurred following delivery of the cure offer unless the actual damages found to have been sustained and awarded, without consideration of attorneys’ fees and court costs, exceed the value of the cure offer.D\n\nIn any action which the parties desire to settle all matters in dispute, the question of whether the plaintiff shall be awarded reasonable attorneys’ fees and court costs in accordance with subsections B and C may be tendered to the court for consideration of the amount of such an award, if any.","order_by":null,"text":{"0":{"id":282040,"text":"Any person who suffers loss as the result of a violation of this chapter 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. Any person who accepts a cure offer under this chapter may not initiate or maintain any other or additional action based on any cause of action arising under any other statute or common law theory if such other action is substantially based on the same allegations of fact on which the action initiated under this chapter is based.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":282041,"text":"Notwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person also may be awarded reasonable attorneys’ fees and court costs.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":282042,"text":"No cure offer shall be admissible in any proceeding initiated under this section, unless the cure offer is delivered by a supplier to the person claiming loss or to any attorney representing such person, prior to the filing of the supplier’s initial responsive pleading in such proceeding. If the cure offer is timely delivered by the supplier, then the supplier may introduce the cure offer into evidence at trial. The supplier shall not be liable for such person’s attorneys’ fees and court costs incurred following delivery of the cure offer unless the actual damages found to have been sustained and awarded, without consideration of attorneys’ fees and court costs, exceed the value of the cure offer.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":282043,"text":"In any action which the parties desire to settle all matters in dispute, the question of whether the plaintiff shall be awarded reasonable attorneys’ fees and court costs in accordance with subsections B and C may be tendered to the court for consideration of the amount of such an award, if any.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-204\/","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 4 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 1995, chapters 703<\/a> and 726<\/a>; in 2004, chapters 41<\/a> and 90<\/a>; in 2005, chapter 250<\/a>; in 2006, chapter 453<\/a>.<\/p>","references":[{"id":64214,"section_number":"59.1-204.1","catch_line":"Tolling of limitation","order_by":null,"url":"\/59.1-204.1\/"},{"id":85255,"section_number":"59.1-207","catch_line":"Unintentional violations","order_by":null,"url":"\/59.1-207\/"},{"id":78052,"section_number":"59.1-207.49","catch_line":"Enforcement; penalties","order_by":null,"url":"\/59.1-207.49\/"},{"id":78447,"section_number":"59.1-529","catch_line":"Enforcement; penalties","order_by":null,"url":"\/59.1-529\/"},{"id":64496,"section_number":"59.1-537","catch_line":"Enforcement; penalties","order_by":null,"url":"\/59.1-537\/"}],"refers_to":false,"permalink":{"id":259817,"object_type":"law","relational_id":78713,"identifier":"59.1-204","token":"59.1\/17\/59.1-204","url":"\/59.1-204\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-204\/","token":"59.1\/17\/59.1-204","dublin_core":{"Title":"Individual action for damages or penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-204","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> who suffers loss as the result of a violation of this chapter 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. Any person<\/span> who accepts a cure offer<\/span> under this chapter may not initiate or maintain any other or additional action based on any cause of action<\/span> arising under any other statute<\/span> or common law<\/span> theory if such other action is substantially based on the same allegations<\/span> of fact<\/span> on which the action initiated under this chapter is based. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of law to the contrary, in addition to any damages<\/span> awarded, such person<\/span> also may be awarded reasonable attorneys’ fees and court<\/span> costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No cure offer<\/span> shall be admissible<\/span> in any proceeding initiated under this section, unless the cure offer<\/span> is delivered by a supplier<\/span> to the person<\/span> claiming loss or to any attorney representing such person<\/span>, prior to the filing of the supplier<\/span>’s initial responsive pleading in such proceeding. If the cure offer<\/span> is timely delivered by the supplier<\/span>, then the supplier<\/span> may introduce the cure offer<\/span> into evidence<\/span> at trial<\/span>. The supplier<\/span> shall not be liable for such person<\/span>’s attorneys’ fees and court<\/span> costs incurred following delivery of the cure offer<\/span> unless the actual damages<\/span> found to have been sustained and awarded, without consideration of attorneys’ fees and court<\/span> costs, exceed the value of the cure offer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any action which the parties desire to settle all matters in dispute, the question of whether the plaintiff<\/span> shall be awarded reasonable attorneys’ fees and court<\/span> costs in accordance with subsections B and C may be tendered to the court<\/span> for consideration of the amount of such an award, if any. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINDIVIDUAL ACTION FOR DAMAGES OR PENALTY (\u00a7 59.1-204)\n\nA. Any person who suffers loss as the result of a violation of this chapter\nshall be entitled to initiate an action to recover actual damages, or $500,\nwhichever is greater. If the trier of fact finds that the violation was willful,\nit may increase damages to an amount not exceeding three times the actual\ndamages sustained, or $1,000, whichever is greater. Any person who accepts a\ncure offer under this chapter may not initiate or maintain any other or\nadditional action based on any cause of action arising under any other statute\nor common law theory if such other action is substantially based on the same\nallegations of fact on which the action initiated under this chapter is based.\n\nB. Notwithstanding any other provision of law to the contrary, in addition to\nany damages awarded, such person also may be awarded reasonable attorneys’\nfees and court costs.\n\nC. No cure offer shall be admissible in any proceeding initiated under this\nsection, unless the cure offer is delivered by a supplier to the person claiming\nloss or to any attorney representing such person, prior to the filing of the\nsupplier’s initial responsive pleading in such proceeding. If the cure\noffer is timely delivered by the supplier, then the supplier may introduce the\ncure offer into evidence at trial. The supplier shall not be liable for such\nperson’s attorneys’ fees and court costs incurred following delivery\nof the cure offer unless the actual damages found to have been sustained and\nawarded, without consideration of attorneys’ fees and court costs, exceed\nthe value of the cure offer.\n\nD. In any action which the parties desire to settle all matters in dispute, the\nquestion of whether the plaintiff shall be awarded reasonable attorneys’\nfees and court costs in accordance with subsections B and C may be tendered to\nthe court for consideration of the amount of such an award, if any.\n\nHISTORY: 1977, c. 635; 1995, cc. 703, 726; 2004, cc. 41, 90; 2005, c. 250; 2006,\nc. 453.","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}}