                                 CODE OF VIRGINIA

RIGHT OF ACTION; VIOLATION OF RULES OR REGULATIONS (§ 56-231.34:2)

A. Any person who suffers loss as the proximate result of a violation by a
cooperative or its affiliate of any rule or regulation adopted by the Commission
pursuant to &#xA7; 56-231.34:1 shall be entitled to initiate an action to
recover actual damages or $500, whichever is greater, and to obtain injunctive
relief. Any action pursuant to this section shall be commenced within two years
after its accrual.

B. Notwithstanding any other provision of law to the contrary, in addition to
any damages awarded, such person may also be awarded reasonable attorney&#8217;s
fees and court costs.

C. In any case arising under this section, no liability shall be imposed upon
any cooperative or its affiliate which shows by a preponderance of the evidence
that (i) the act or practice alleged to be in violation of any rule or
regulation adopted by the Commission pursuant to &#xA7; 56-231.34:1 was an act
or practice over which the same had no control or (ii) the alleged violation
resulted from a bona fide error notwithstanding the maintenance of procedures
reasonably adopted to avoid a violation. However, nothing in this section shall
prevent the court from ordering restitution and payment of reasonable
attorney&#8217;s fees and court costs pursuant to subsection B to any person
aggrieved as a result of an unintentional violation.

HISTORY: 1999, c. 874.