                                 CODE OF VIRGINIA

RECORDKEEPING BY RESELLERS (§ 55.1-2245)

A. If contact information has been obtained by a reseller from any source,
including a lead dealer, the reseller and lead dealer shall maintain the
following records for a period of five years from the last date of contact
between the reseller and the owner:

   1. The name; home address; work address, if different; telephone number; and
   email address of the lead dealer who provided the contact information;

   2. The date, time, and place of the transaction at which the contact
   information was obtained, along with the amount of consideration paid and a
   signed receipt from the lead dealer or copy of a canceled check; and

   3. A copy of the contact information obtained in the exact form and media in
   which received.

B. A reseller shall maintain records for at least five years after each
transaction involving resale service including resale transfer agreements and
resale purchase agreements.

C. In any civil or criminal action based on a violation of this section, there
shall be a presumption that contact information was wrongfully obtained if a
reseller or lead dealer fails to produce the records required by this section.

D. Any person who establishes that a reseller or lead dealer wrongfully obtained
or wrongfully used contact information with respect to time-share owners or
members of an exchange program shall, in addition to any other remedies that may
be available in law or equity, be entitled to recover from such reseller or lead
dealer an amount equal to $1,000 for each time-share owner or member about whom
contact information was wrongfully obtained or used. The prevailing person in
any such action shall also be entitled to recover reasonable attorney fees and
costs.

HISTORY: 2012, c. 751, § 55-394.4; 2019, c. 712; 2025, c. 353.