{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-206.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-206.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-206.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-206.html"}],"law_id":83374,"edition_id":1,"section_id":83374,"structure_id":13706,"section_number":"59.1-206","catch_line":"Civil penalties; attorney fees","history":"1977, c. 635; 1980, c. 171; 1982, c. 13; 1991, c. 156; 1995, c. 703; 2008, c. 485; 2023, cc. 744, 794.","full_text":"A\n\nIn any action brought under this chapter, if the court finds that a person has willfully engaged in an act or practice in violation of § 59.1-200 or 59.1-200.1, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $2,500 per violation. If the court finds that a person has willfully committed a second or subsequent violation of subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation.B\n\nFor purposes of this section, prima facie evidence of a willful violation may be shown when the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town notifies the alleged violator by certified mail that an act or practice is a violation of § 59.1-200 or 59.1-200.1, and the alleged violator, after receipt of said notice, continues to engage in the act or practice.C\n\nAny person who willfully violates the terms of an assurance of voluntary compliance or an injunction issued under § 59.1-203 shall forfeit and pay to the Literary Fund a civil penalty of not more than $5,000 per violation. For purposes of this section, the circuit court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may petition for recovery of civil penalties.D\n\nIn any action pursuant to subsection A, B, or C and in addition to any other amount awarded, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover any applicable civil penalty or penalties, costs, reasonable expenses incurred by the state or local agency in investigating and preparing the case not to exceed $1,000 per violation, and attorney’s fees. Such civil penalty or penalties, costs, reasonable expenses, and attorney’s fees shall be paid into the general fund of the Commonwealth or of the county, city, or town which such attorney represented.E\n\nNothing in this section shall be construed as limiting the power of the court to punish as contempt the violation of any order issued by the court, or as limiting the power of the court to enter other orders under § 59.1-203 or 59.1-205.F\n\nThe right of trial by jury as provided by law shall be preserved in actions brought under this section.","order_by":null,"text":{"0":{"id":298706,"text":"In any action brought under this chapter, if the court finds that a person has willfully engaged in an act or practice in violation of § 59.1-200 or 59.1-200.1, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $2,500 per violation. If the court finds that a person has willfully committed a second or subsequent violation of subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":298707,"text":"For purposes of this section, prima facie evidence of a willful violation may be shown when the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town notifies the alleged violator by certified mail that an act or practice is a violation of § 59.1-200 or 59.1-200.1, and the alleged violator, after receipt of said notice, continues to engage in the act or practice.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":298708,"text":"Any person who willfully violates the terms of an assurance of voluntary compliance or an injunction issued under § 59.1-203 shall forfeit and pay to the Literary Fund a civil penalty of not more than $5,000 per violation. For purposes of this section, the circuit court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may petition for recovery of civil penalties.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":298709,"text":"In any action pursuant to subsection A, B, or C and in addition to any other amount awarded, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover any applicable civil penalty or penalties, costs, reasonable expenses incurred by the state or local agency in investigating and preparing the case not to exceed $1,000 per violation, and attorney’s fees. Such civil penalty or penalties, costs, reasonable expenses, and attorney’s fees shall be paid into the general fund of the Commonwealth or of the county, city, or town which such attorney represented.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":298710,"text":"Nothing in this section shall be construed as limiting the power of the court to punish as contempt the violation of any order issued by the court, or as limiting the power of the court to enter other orders under § 59.1-203 or 59.1-205.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":298711,"text":"The right of trial by jury as provided by law shall be preserved in actions brought under this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-206\/","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 6 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 1980, chapter 171; in 1982, chapter 13; in 1991, chapter 156; in 1995, chapter 703<\/a>; in 2008, chapter 485<\/a>; in 2023, chapters 744<\/a> and 794<\/a>.<\/p>","references":[{"id":78052,"section_number":"59.1-207.49","catch_line":"Enforcement; penalties","order_by":null,"url":"\/59.1-207.49\/"},{"id":56862,"section_number":"59.1-335.4","catch_line":"Bond or letter of credit required","order_by":null,"url":"\/59.1-335.4\/"}],"refers_to":[{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"},{"id":63532,"section_number":"59.1-200.1","catch_line":"Prohibited practices; foreclosure rescue","order_by":null,"url":"\/59.1-200.1\/"},{"id":58087,"section_number":"59.1-203","catch_line":"Restraining prohibited acts","order_by":null,"url":"\/59.1-203\/"}],"permalink":{"id":259829,"object_type":"law","relational_id":83374,"identifier":"59.1-206","token":"59.1\/17\/59.1-206","url":"\/59.1-206\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-206\/","token":"59.1\/17\/59.1-206","dublin_core":{"Title":"Civil penalties; attorney fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-206","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any action brought under this chapter, if the court<\/span> finds that a person<\/span> has willfully engaged in an act or practice in violation of § 59.1-200<\/a> or 59.1-200.1<\/a>, the Attorney General<\/span>, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition<\/span> to the court<\/span>, a civil penalty<\/span> of not more than $2,500 per violation. If the court<\/span> finds that a person<\/span> has willfully committed a second or subsequent violation of subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200<\/a>, the Attorney General<\/span>, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition<\/span> to the court<\/span>, a civil penalty<\/span> of not more than $5,000 per violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this section, prima facie evidence<\/span> of a willful violation may be shown when the Attorney General<\/span>, the attorney for the Commonwealth, or the attorney for the county, city, or town notifies the alleged violator by certified mail that an act or practice is a violation of § 59.1-200<\/a> or 59.1-200.1<\/a>, and the alleged violator, after receipt of said notice, continues to engage in the act or practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person<\/span> who willfully violates the terms of an assurance of voluntary compliance or an injunction<\/span> issued under § 59.1-203<\/a> shall forfeit and pay to the Literary Fund a civil penalty<\/span> of not more than $5,000 per violation. For purposes of this section, the circuit<\/span> court<\/span> issuing an injunction<\/span> shall retain jurisdiction<\/span>, and the cause shall be continued, and in such cases the Attorney General<\/span>, the attorney for the Commonwealth, or the attorney for the county, city, or town may petition<\/span> for recovery of civil penalties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any action pursuant to subsection A, B, or C and in addition to any other amount awarded, the Attorney General<\/span>, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover any applicable civil penalty<\/span> or penalties, costs, reasonable expenses incurred by the state or local agency in investigating and preparing the case not to exceed $1,000 per violation, and attorney’s fees. Such civil penalty<\/span> or penalties, costs, reasonable expenses, and attorney’s fees shall be paid into the general fund of the Commonwealth or of the county, city, or town which such attorney represented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall be construed as limiting the power of the court<\/span> to punish as contempt<\/span> the violation of any order<\/span> issued by the court<\/span>, or as limiting the power of the court<\/span> to enter other orders<\/span> under § 59.1-203<\/a> or 59.1-205<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The right of trial<\/span> by jury<\/span> as provided by law<\/span> shall be preserved in actions brought under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL PENALTIES; ATTORNEY FEES (\u00a7 59.1-206)\n\nA. In any action brought under this chapter, if the court finds that a person\nhas willfully engaged in an act or practice in violation of § 59.1-200 or\n59.1-200.1, the Attorney General, the attorney for the Commonwealth, or the\nattorney for the county, city, or town may recover for the Literary Fund, upon\npetition to the court, a civil penalty of not more than $2,500 per violation. If\nthe court finds that a person has willfully committed a second or subsequent\nviolation of subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200, the\nAttorney General, the attorney for the Commonwealth, or the attorney for the\ncounty, city, or town may recover for the Literary Fund, upon petition to the\ncourt, a civil penalty of not more than $5,000 per violation.\n\nB. For purposes of this section, prima facie evidence of a willful violation may\nbe shown when the Attorney General, the attorney for the Commonwealth, or the\nattorney for the county, city, or town notifies the alleged violator by\ncertified mail that an act or practice is a violation of § 59.1-200 or\n59.1-200.1, and the alleged violator, after receipt of said notice, continues to\nengage in the act or practice.\n\nC. Any person who willfully violates the terms of an assurance of voluntary\ncompliance or an injunction issued under § 59.1-203 shall forfeit and pay\nto the Literary Fund a civil penalty of not more than $5,000 per violation. For\npurposes of this section, the circuit court issuing an injunction shall retain\njurisdiction, and the cause shall be continued, and in such cases the Attorney\nGeneral, the attorney for the Commonwealth, or the attorney for the county,\ncity, or town may petition for recovery of civil penalties.\n\nD. In any action pursuant to subsection A, B, or C and in addition to any other\namount awarded, the Attorney General, the attorney for the Commonwealth, or the\nattorney for the county, city, or town may recover any applicable civil penalty\nor penalties, costs, reasonable expenses incurred by the state or local agency\nin investigating and preparing the case not to exceed $1,000 per violation, and\nattorney’s fees. Such civil penalty or penalties, costs, reasonable\nexpenses, and attorney’s fees shall be paid into the general fund of the\nCommonwealth or of the county, city, or town which such attorney represented.\n\nE. Nothing in this section shall be construed as limiting the power of the court\nto punish as contempt the violation of any order issued by the court, or as\nlimiting the power of the court to enter other orders under § 59.1-203 or\n59.1-205.\n\nF. The right of trial by jury as provided by law shall be preserved in actions\nbrought under this section.\n\nHISTORY: 1977, c. 635; 1980, c. 171; 1982, c. 13; 1991, c. 156; 1995, c. 703;\n2008, c. 485; 2023, cc. 744, 794.","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}}