                                 CODE OF VIRGINIA

COMPLAINTS AGAINST TOW TRUCK DRIVERS OR TOWING AND RECOVERY OPERATORS;
ENFORCEMENT BY THE OFFICE OF THE ATTORNEY GENERAL (§ 46.2-119)

A. Any consumer aggrieved by the actions of a (i) tow truck driver for an
alleged violation of subsection A of &#xA7; 46.2-118 or &#xA7; 46.2-1217,
46.2-1231, or 46.2-1233.1 or (ii) towing and recovery operator for an alleged
violation of subsection B of &#xA7; 46.2-118 or &#xA7; 46.2-1217, 46.2-1231, or
46.2-1233.1 may file a complaint with the Division of Consumer Counsel of the
Office of the Attorney General for appropriate action in accordance with this
section and any other applicable law.

B. The Attorney General may cause an action to be brought in the appropriate
circuit court in the name of the Commonwealth to enjoin any violation of &#xA7;
46.2-118, 46.2-1217, 46.2-1231, or 46.2-1233.1. The circuit court having
jurisdiction may enjoin such violations notwithstanding the existence of an
adequate remedy at law. In any action under this section, it shall not be
necessary that damages or intent be proved to establish a violation. The
standard of proof at trial shall be a preponderance of the evidence. The circuit
court may issue temporary or permanent injunctions to restrain and prevent
violations of &#xA7; 46.2-118, 46.2-1217, 46.2-1231, or 46.2-1233.1.

C. In any action brought under this section, the Attorney General may recover
damages and such other relief allowed by law, including restitution on behalf of
consumers injured by violations of &#xA7; 46.2-118, 46.2-1217, 46.2-1231, or
46.2-1233.1, as well as costs and reasonable expenses incurred by the
Commonwealth in investigating and preparing the case, including attorney fees.

HISTORY: 2012, cc. 803, 835.