{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-2619.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-2619.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-2619.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-2619.html"}],"law_id":79951,"edition_id":1,"section_id":79951,"structure_id":12857,"section_number":"6.2-2619","catch_line":"Private cause of action","history":"2020, cc. 1198, 1250.","full_text":"A\n\nA qualified education loan servicer shall:1\n\nComply with this chapter.2\n\nComply with all applicable federal laws related to qualified education loan servicing, as from time to time amended, and the regulations promulgated thereunder.B\n\nAny person who suffers damage as a result of the failure of a qualified education loan servicer to comply with the requirements of subdivisions A 1 and 2 may bring an action against that qualified education loan servicer to recover or obtain any of the following:1\n\nActual damages, but in no case shall the total award of damages be less than $500 per violation;2\n\nAn order enjoining the methods, acts, or practices;3\n\nRestitution of property;4\n\nPunitive damages;5\n\nAttorney fees; and6\n\nAny other relief the court deems proper.C\n\nIn addition to any other remedies provided by this section or otherwise provided by law, whenever it is proven by a preponderance of the evidence that a qualified education loan servicer has engaged in conduct that substantially interferes with a borrower’s right to (i) an alternative payment arrangement; (ii) loan forgiveness, cancellation, or discharge; or (iii) any other financial benefit as established under the terms of a borrower’s promissory note or under the Higher Education Act of 1965, 20 U.S.C. § 1070a et seq., as amended from time to time, and regulations promulgated thereunder, the court shall award treble actual damages to the plaintiff, but in no case shall the award of damages be less than $1,500 per violation.D\n\nThe remedies provided in this section are not intended to be the exclusive remedies available to the qualified education loan borrower, and a qualified education loan borrower shall not be required to exhaust any administrative remedies established pursuant to this chapter or any other applicable law prior to proceeding under this section.","order_by":null,"text":{"0":{"id":286358,"text":"A qualified education loan servicer shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":286359,"text":"Comply with this chapter.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":286360,"text":"Comply with all applicable federal laws related to qualified education loan servicing, as from time to time amended, and the regulations promulgated thereunder.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":286361,"text":"Any person who suffers damage as a result of the failure of a qualified education loan servicer to comply with the requirements of subdivisions A 1 and 2 may bring an action against that qualified education loan servicer to recover or obtain any of the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":286362,"text":"Actual damages, but in no case shall the total award of damages be less than $500 per violation;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":286363,"text":"An order enjoining the methods, acts, or practices;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"6":{"id":286364,"text":"Restitution of property;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"7":{"id":286365,"text":"Punitive damages;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"8":{"id":286366,"text":"Attorney fees; and","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"9":{"id":286367,"text":"Any other relief the court deems proper.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"10":{"id":286368,"text":"In addition to any other remedies provided by this section or otherwise provided by law, whenever it is proven by a preponderance of the evidence that a qualified education loan servicer has engaged in conduct that substantially interferes with a borrower’s right to (i) an alternative payment arrangement; (ii) loan forgiveness, cancellation, or discharge; or (iii) any other financial benefit as established under the terms of a borrower’s promissory note or under the Higher Education Act of 1965, 20 U.S.C. § 1070a et seq., as amended from time to time, and regulations promulgated thereunder, the court shall award treble actual damages to the plaintiff, but in no case shall the award of damages be less than $1,500 per violation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"D"},"11":{"id":286369,"text":"The remedies provided in this section are not intended to be the exclusive remedies available to the qualified education loan borrower, and a qualified education loan borrower shall not be required to exhaust any administrative remedies established pursuant to this chapter or any other applicable law prior to proceeding under this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12857,"edition_id":1,"name":"Qualified Education Loan Servicers","identifier":"26","label":"chapter","depth":3,"order_by":1,"parent_id":12856,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":267179,"object_type":"structure","relational_id":12857,"identifier":"26","token":"6.2\/IV\/26","url":"\/6.2\/IV\/26\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12856,"edition_id":1,"name":"Other Financial Activities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12852,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":267075,"object_type":"structure","relational_id":12856,"identifier":"IV","token":"6.2\/IV","url":"\/6.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12852,"edition_id":1,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263249,"object_type":"structure","relational_id":12852,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79869,"structure_id":12857,"section_number":"6.2-2600","catch_line":"Definitions","url":"\/6.2-2600\/","token":"6.2\/IV\/26\/6.2-2600","metadata":false},{"id":56387,"structure_id":12857,"section_number":"6.2-2601","catch_line":"License requirement; exceptions","url":"\/6.2-2601\/","token":"6.2\/IV\/26\/6.2-2601","metadata":false},{"id":62840,"structure_id":12857,"section_number":"6.2-2602","catch_line":"Licensure of qualified education loan servicers; automatic issuance of license for federal student loan servicing contractors","url":"\/6.2-2602\/","token":"6.2\/IV\/26\/6.2-2602","metadata":false},{"id":56136,"structure_id":12857,"section_number":"6.2-2603","catch_line":"Application for license; form; content; fee","url":"\/6.2-2603\/","token":"6.2\/IV\/26\/6.2-2603","metadata":false},{"id":86504,"structure_id":12857,"section_number":"6.2-2604","catch_line":"Bond required","url":"\/6.2-2604\/","token":"6.2\/IV\/26\/6.2-2604","metadata":false},{"id":71805,"structure_id":12857,"section_number":"6.2-2605","catch_line":"Investigation of applications","url":"\/6.2-2605\/","token":"6.2\/IV\/26\/6.2-2605","metadata":false},{"id":77205,"structure_id":12857,"section_number":"6.2-2606","catch_line":"Qualifications","url":"\/6.2-2606\/","token":"6.2\/IV\/26\/6.2-2606","metadata":false},{"id":56065,"structure_id":12857,"section_number":"6.2-2607","catch_line":"Licenses; place of business; changes; renewal","url":"\/6.2-2607\/","token":"6.2\/IV\/26\/6.2-2607","metadata":false},{"id":79671,"structure_id":12857,"section_number":"6.2-2608","catch_line":"Retention of records; responding to the Bureau","url":"\/6.2-2608\/","token":"6.2\/IV\/26\/6.2-2608","metadata":false},{"id":76529,"structure_id":12857,"section_number":"6.2-2609","catch_line":"Acquisition of control; application","url":"\/6.2-2609\/","token":"6.2\/IV\/26\/6.2-2609","metadata":false},{"id":82485,"structure_id":12857,"section_number":"6.2-2610","catch_line":"Prohibited activities; compliance with federal laws and regulations","url":"\/6.2-2610\/","token":"6.2\/IV\/26\/6.2-2610","metadata":false},{"id":77018,"structure_id":12857,"section_number":"6.2-2611","catch_line":"Affirmative acts required of qualified education loan servicers","url":"\/6.2-2611\/","token":"6.2\/IV\/26\/6.2-2611","metadata":false},{"id":65901,"structure_id":12857,"section_number":"6.2-2612","catch_line":"Reporting requirements","url":"\/6.2-2612\/","token":"6.2\/IV\/26\/6.2-2612","metadata":false},{"id":80772,"structure_id":12857,"section_number":"6.2-2613","catch_line":"Investigations; examinations","url":"\/6.2-2613\/","token":"6.2\/IV\/26\/6.2-2613","metadata":false},{"id":61083,"structure_id":12857,"section_number":"6.2-2614","catch_line":"Annual fees","url":"\/6.2-2614\/","token":"6.2\/IV\/26\/6.2-2614","metadata":false},{"id":76191,"structure_id":12857,"section_number":"6.2-2615","catch_line":"Suspension or revocation of license","url":"\/6.2-2615\/","token":"6.2\/IV\/26\/6.2-2615","metadata":false},{"id":81753,"structure_id":12857,"section_number":"6.2-2616","catch_line":"Notice of proposed suspension or revocation","url":"\/6.2-2616\/","token":"6.2\/IV\/26\/6.2-2616","metadata":false},{"id":53994,"structure_id":12857,"section_number":"6.2-2617","catch_line":"Cease and desist orders","url":"\/6.2-2617\/","token":"6.2\/IV\/26\/6.2-2617","metadata":false},{"id":63307,"structure_id":12857,"section_number":"6.2-2618","catch_line":"Civil penalties","url":"\/6.2-2618\/","token":"6.2\/IV\/26\/6.2-2618","metadata":false},{"id":79951,"structure_id":12857,"section_number":"6.2-2619","catch_line":"Private cause of action","url":"\/6.2-2619\/","token":"6.2\/IV\/26\/6.2-2619","metadata":false},{"id":63154,"structure_id":12857,"section_number":"6.2-2620","catch_line":"Investigating and restraining prohibited acts","url":"\/6.2-2620\/","token":"6.2\/IV\/26\/6.2-2620","metadata":false},{"id":60246,"structure_id":12857,"section_number":"6.2-2621","catch_line":"Violation of the Virginia Consumer Protection Act","url":"\/6.2-2621\/","token":"6.2\/IV\/26\/6.2-2621","metadata":false},{"id":69784,"structure_id":12857,"section_number":"6.2-2622","catch_line":"Regulations","url":"\/6.2-2622\/","token":"6.2\/IV\/26\/6.2-2622","metadata":false}],"previous_section":{"id":63307,"structure_id":12857,"section_number":"6.2-2618","catch_line":"Civil penalties","url":"\/6.2-2618\/","token":"6.2\/IV\/26\/6.2-2618","metadata":false},"next_section":{"id":63154,"structure_id":12857,"section_number":"6.2-2620","catch_line":"Investigating and restraining prohibited acts","url":"\/6.2-2620\/","token":"6.2\/IV\/26\/6.2-2620","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-2619\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1198<\/a> and 1250<\/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.<\/p>","references":false,"refers_to":false,"permalink":{"id":267257,"object_type":"law","relational_id":79951,"identifier":"6.2-2619","token":"6.2\/IV\/26\/6.2-2619","url":"\/6.2-2619\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-2619\/","token":"6.2\/IV\/26\/6.2-2619","dublin_core":{"Title":"Private cause of action","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-2619","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A qualified education loan<\/span> servicer<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Comply with this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Comply with all applicable federal laws<\/span> related to qualified education loan<\/span> servicing, as from time to time amended, and the regulations promulgated thereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> who suffers damage as a result of the failure of a qualified education loan<\/span> servicer<\/span> to comply with the requirements of subdivisions A 1 and 2 may bring an action against that qualified education loan<\/span> servicer<\/span> to recover or obtain any of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Actual damages<\/span>, but in no case shall the total award of damages<\/span> be less than $500 per violation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An order<\/span> enjoining the methods, acts, or practices; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Restitution<\/span> of property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Punitive damages<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Attorney fees; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any other relief the court<\/span> deems proper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In addition to any other remedies provided by this section or otherwise provided by law<\/span>, whenever it is proven by a preponderance of the evidence<\/span> that a qualified education loan<\/span> servicer<\/span> has engaged in conduct that substantially interferes with a borrower<\/span>’s right to (i) an alternative payment arrangement; (ii) loan forgiveness, cancellation, or discharge; or (iii) any other financial benefit as established under the terms of a borrower<\/span>’s promissory note or under the Higher Education Act of 1965, 20 U.S.C. § 1070a et seq., as amended from time to time, and regulations promulgated thereunder, the court<\/span> shall award treble actual damages<\/span> to the plaintiff<\/span>, but in no case shall the award of damages<\/span> be less than $1,500 per violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The remedies provided in this section are not intended to be the exclusive remedies available to the qualified education loan<\/span> borrower<\/span>, and a qualified education loan<\/span> borrower<\/span> shall not be required to exhaust any administrative remedies established pursuant to this chapter or any other applicable law<\/span> prior to proceeding under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRIVATE CAUSE OF ACTION (\u00a7 6.2-2619)\n\nA. A qualified education loan servicer shall:\n\n 1. Comply with this chapter.\n\n 2. Comply with all applicable federal laws related to qualified education loan\n servicing, as from time to time amended, and the regulations promulgated\n thereunder.\n\nB. Any person who suffers damage as a result of the failure of a qualified\neducation loan servicer to comply with the requirements of subdivisions A 1 and\n2 may bring an action against that qualified education loan servicer to recover\nor obtain any of the following:\n\n 1. Actual damages, but in no case shall the total award of damages be less\n than $500 per violation;\n\n 2. An order enjoining the methods, acts, or practices;\n\n 3. Restitution of property;\n\n 4. Punitive damages;\n\n 5. Attorney fees; and\n\n 6. Any other relief the court deems proper.\n\nC. In addition to any other remedies provided by this section or otherwise\nprovided by law, whenever it is proven by a preponderance of the evidence that a\nqualified education loan servicer has engaged in conduct that substantially\ninterferes with a borrower’s right to (i) an alternative payment\narrangement; (ii) loan forgiveness, cancellation, or discharge; or (iii) any\nother financial benefit as established under the terms of a borrower’s\npromissory note or under the Higher Education Act of 1965, 20 U.S.C. §\n1070a et seq., as amended from time to time, and regulations promulgated\nthereunder, the court shall award treble actual damages to the plaintiff, but in\nno case shall the award of damages be less than $1,500 per violation.\n\nD. The remedies provided in this section are not intended to be the exclusive\nremedies available to the qualified education loan borrower, and a qualified\neducation loan borrower shall not be required to exhaust any administrative\nremedies established pursuant to this chapter or any other applicable law prior\nto proceeding under this section.\n\nHISTORY: 2020, cc. 1198, 1250.","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}}