                                 CODE OF VIRGINIA

PROHIBITED PRACTICES (§ 59.1-200)

A. The following fraudulent acts or practices committed by a supplier in
connection with a consumer transaction are hereby declared unlawful:

   1. Misrepresenting goods or services as those of another;

   2. Misrepresenting the source, sponsorship, approval, or certification of
   goods or services;

   3. Misrepresenting the affiliation, connection, or association of the
   supplier, or of the goods or services, with another;

   4. Misrepresenting geographic origin in connection with goods or services;

   5. Misrepresenting that goods or services have certain quantities,
   characteristics, ingredients, uses, or benefits;

   6. Misrepresenting that goods or services are of a particular standard,
   quality, grade, style, or model;

   7. Advertising or offering for sale goods that are used, secondhand,
   repossessed, defective, blemished, deteriorated, or reconditioned, or that are
   &#8220;seconds,&#8221; irregulars, imperfects, or &#8220;not first
   class,&#8221; without clearly and unequivocally indicating in the
   advertisement or offer for sale that the goods are used, secondhand,
   repossessed, defective, blemished, deteriorated, reconditioned, or are
   &#8220;seconds,&#8221; irregulars, imperfects, or &#8220;not first
   class&#8221;;

   8. Advertising goods or services with intent not to sell them as advertised,
   or with intent not to sell at the price or upon the terms advertised.
   				In any action brought under this subdivision, the refusal by any person,
   or any employee, agent, or servant thereof, to sell any goods or services
   advertised or offered for sale at the price or upon the terms advertised or
   offered, shall be prima facie evidence of a violation of this subdivision.
   This paragraph shall not apply when it is clearly and conspicuously stated in
   the advertisement or offer by which such goods or services are advertised or
   offered for sale, that the supplier or offeror has a limited quantity or
   amount of such goods or services for sale, and the supplier or offeror at the
   time of such advertisement or offer did in fact have or reasonably expected to
   have at least such quantity or amount for sale;

   9. Making false or misleading statements of fact concerning the reasons for,
   existence of, or amounts of price reductions;

   10. Misrepresenting that repairs, alterations, modifications, or services have
   been performed or parts installed;

   11. Misrepresenting by the use of any written or documentary material that
   appears to be an invoice or bill for merchandise or services previously
   ordered;

   12. Notwithstanding any other provision of law, using in any manner the words
   &#8220;wholesale,&#8221; &#8220;wholesaler,&#8221; &#8220;factory,&#8221; or
   &#8220;manufacturer&#8221; in the supplier&#8217;s name, or to describe the
   nature of the supplier&#8217;s business, unless the supplier is actually
   engaged primarily in selling at wholesale or in manufacturing the goods or
   services advertised or offered for sale;

   13. Using in any contract or lease any liquidated damage clause, penalty
   clause, or waiver of defense, or attempting to collect any liquidated damages
   or penalties under any clause, waiver, damages, or penalties that are void or
   unenforceable under any otherwise applicable laws of the Commonwealth, or
   under federal statutes or regulations;
   				13a. Failing to provide to a consumer, or failing to use or include in any
   written document or material provided to or executed by a consumer, in
   connection with a consumer transaction any statement, disclosure, notice, or
   other information however characterized when the supplier is required by 16
   C.F.R. Part 433 to so provide, use, or include the statement, disclosure,
   notice, or other information in connection with the consumer transaction;

   14. Using any other deception, fraud, false pretense, false promise, or
   misrepresentation in connection with a consumer transaction;

   15. Violating any provision of &#xA7; 3.2-6509, 3.2-6512, 3.2-6513,
   3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6516, or 3.2-6519 is a violation of this
   chapter;

   16. Failing to disclose all conditions, charges, or fees relating to:
   				a. The return of goods for refund, exchange, or credit. Such disclosure
   shall be by means of a sign attached to the goods, or placed in a conspicuous
   public area of the premises of the supplier, so as to be readily noticeable
   and readable by the person obtaining the goods from the supplier. If the
   supplier does not permit a refund, exchange, or credit for return, he shall so
   state on a similar sign. The provisions of this subdivision shall not apply to
   any retail merchant who has a policy of providing, for a period of not less
   than 20 days after date of purchase, a cash refund or credit to the
   purchaser&#8217;s credit card account for the return of defective, unused, or
   undamaged merchandise upon presentation of proof of purchase. In the case of
   merchandise paid for by check, the purchase shall be treated as a cash
   purchase and any refund may be delayed for a period of 10 banking days to
   allow for the check to clear. This subdivision does not apply to sale
   merchandise that is obviously distressed, out of date, post season, or
   otherwise reduced for clearance; nor does this subdivision apply to special
   order purchases where the purchaser has requested the supplier to order
   merchandise of a specific or unusual size, color, or brand not ordinarily
   carried in the store or the store&#8217;s catalog; nor shall this subdivision
   apply in connection with a transaction for the sale or lease of motor
   vehicles, farm tractors, or motorcycles as defined in &#xA7; 46.2-100;
   				b. A layaway agreement. Such disclosure shall be furnished to the consumer
   (i) in writing at the time of the layaway agreement, or (ii) by means of a
   sign placed in a conspicuous public area of the premises of the supplier, so
   as to be readily noticeable and readable by the consumer, or (iii) on the bill
   of sale. Disclosure shall include the conditions, charges, or fees in the
   event that a consumer breaches the agreement;
   				16a. Failing to provide written notice to a consumer of an existing
   open-end credit balance in excess of $5 (i) on an account maintained by the
   supplier and (ii) resulting from such consumer&#8217;s overpayment on such
   account. Suppliers shall give consumers written notice of such credit balances
   within 60 days of receiving overpayments. If the credit balance information is
   incorporated into statements of account furnished consumers by suppliers
   within such 60-day period, no separate or additional notice is required;

   17. If a supplier enters into a written agreement with a consumer to resolve a
   dispute that arises in connection with a consumer transaction, failing to
   adhere to the terms and conditions of such an agreement;

   18. Violating any provision of the Virginia Health Club Act, Chapter 24
   (&#xA7; 59.1-294 et seq.);

   19. Violating any provision of the Virginia Home Solicitation Sales Act,
   Chapter 2.1 (&#xA7; 59.1-21.1 et seq.);

   20. Violating any provision of the Automobile Repair Facilities Act, Chapter
   17.1 (&#xA7; 59.1-207.1 et seq.);

   21. Violating any provision of the Virginia Lease-Purchase Agreement Act,
   Chapter 17.4 (&#xA7; 59.1-207.17 et seq.);

   22. Violating any provision of the Prizes and Gifts Act, Chapter 31 (&#xA7;
   59.1-415 et seq.);

   23. Violating any provision of the Virginia Public Telephone Information Act,
   Chapter 32 (&#xA7; 59.1-424 et seq.);

   24. Violating any provision of &#xA7; 54.1-1505;

   25. Violating any provision of the Motor Vehicle Manufacturers&#8217; Warranty
   Adjustment Act, Chapter 17.6 (&#xA7; 59.1-207.34 et seq.);

   26. Violating any provision of &#xA7; 3.2-5627, relating to the pricing of
   merchandise;

   27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33
   (&#xA7; 59.1-429 et seq.);

   28. Violating any provision of the Extended Service Contract Act, Chapter 34
   (&#xA7; 59.1-435 et seq.);

   29. Violating any provision of the Virginia Membership Camping Act, Chapter 25
   (&#xA7; 59.1-311 et seq.);

   30. Violating any provision of the Comparison Price Advertising Act, Chapter
   17.7 (&#xA7; 59.1-207.40 et seq.);

   31. Violating any provision of the Virginia Travel Club Act, Chapter 36
   (&#xA7; 59.1-445 et seq.);

   32. Violating any provision of &#xA7;&#xA7; 46.2-1231 and 46.2-1233.1;

   33. Violating any provision of Chapter 40 (&#xA7; 54.1-4000 et seq.) of Title
   54.1;

   34. Violating any provision of Chapter 10.1 (&#xA7; 58.1-1031 et seq.) of
   Title 58.1;

   35. Using the consumer&#8217;s social security number as the consumer&#8217;s
   account number with the supplier, if the consumer has requested in writing
   that the supplier use an alternate number not associated with the
   consumer&#8217;s social security number;

   36. Violating any provision of Chapter 18 (&#xA7; 6.2-1800 et seq.) of Title
   6.2;

   37. Violating any provision of &#xA7; 8.01-40.2;

   38. Violating any provision of Article 7 (&#xA7; 32.1-212 et seq.) of Chapter
   6 of Title 32.1;

   39. Violating any provision of Chapter 34.1 (&#xA7; 59.1-441.1 et seq.);

   40. Violating any provision of Chapter 20 (&#xA7; 6.2-2000 et seq.) of Title
   6.2;

   41. Violating any provision of the Virginia Post-Disaster Anti-Price Gouging
   Act, Chapter 46 (&#xA7; 59.1-525 et seq.). For the purposes of this
   subdivision, &#8220;consumer transaction&#8221; has the same meaning as
   provided in &#xA7; 59.1-526;

   42. Violating any provision of Chapter 47 (&#xA7; 59.1-530 et seq.);

   43. Violating any provision of &#xA7; 59.1-443.2;

   44. Violating any provision of Chapter 48 (&#xA7; 59.1-533 et seq.);

   45. Violating any provision of Chapter 25 (&#xA7; 6.2-2500 et seq.) of Title
   6.2;

   46. Violating the provisions of clause (i) of subsection B of &#xA7;
   54.1-1115;

   47. Violating any provision of &#xA7; 18.2-239;

   48. Violating any provision of Chapter 26 (&#xA7; 59.1-336 et seq.);

   49. Selling, offering for sale, or manufacturing for sale a children&#8217;s
   product the supplier knows or has reason to know was recalled by the U.S.
   Consumer Product Safety Commission. There is a rebuttable presumption that a
   supplier has reason to know a children&#8217;s product was recalled if notice
   of the recall has been posted continuously at least 30 days before the sale,
   offer for sale, or manufacturing for sale on the website of the U.S. Consumer
   Product Safety Commission. This prohibition does not apply to children&#8217;s
   products that are used, secondhand or &#8220;seconds&#8221;;

   50. Violating any provision of Chapter 44.1 (&#xA7; 59.1-518.1 et seq.);

   51. Violating any provision of Chapter 22 (&#xA7; 6.2-2200 et seq.) of Title
   6.2;

   52. Violating any provision of &#xA7; 8.2-317.1;

   53. Violating subsection A of &#xA7; 9.1-149.1;

   54. Selling, offering for sale, or using in the construction, remodeling, or
   repair of any residential dwelling in the Commonwealth, any drywall that the
   supplier knows or has reason to know is defective drywall. This subdivision
   shall not apply to the sale or offering for sale of any building or structure
   in which defective drywall has been permanently installed or affixed;

   55. Engaging in fraudulent or improper or dishonest conduct as defined in
   &#xA7; 54.1-1118 while engaged in a transaction that was initiated (i) during
   a declared state of emergency as defined in &#xA7; 44-146.16 or (ii) to repair
   damage resulting from the event that prompted the declaration of a state of
   emergency, regardless of whether the supplier is licensed as a contractor in
   the Commonwealth pursuant to Chapter 11 (&#xA7; 54.1-1100 et seq.) of Title
   54.1;

   56. Violating any provision of Chapter 33.1 (&#xA7; 59.1-434.1 et seq.);

   57. Violating any provision of &#xA7; 18.2-178, 18.2-178.1, or 18.2-200.1;

   58. Violating any provision of Chapter 17.8 (&#xA7; 59.1-207.45 et seq.). For
   the purposes of this subdivision, &#8220;consumer transaction&#8221; also
   includes transactions involving an automatic renewal or continuous service
   offer by a supplier to a small business, as those terms are defined in &#xA7;
   59.1-207.45;

   59. Violating any provision of subsection E of &#xA7; 32.1-126;

   60. Violating any provision of &#xA7; 54.1-111 relating to the unlicensed
   practice of a profession licensed under Chapter 11 (&#xA7; 54.1-1100 et seq.)
   or Chapter 21 (&#xA7; 54.1-2100 et seq.) of Title 54.1;

   61. Violating any provision of &#xA7; 2.2-2001.5;

   62. Violating any provision of Chapter 5.2 (&#xA7; 54.1-526 et seq.) of Title
   54.1;

   63. Violating any provision of &#xA7; 6.2-312;

   64. Violating any provision of Chapter 20.1 (&#xA7; 6.2-2026 et seq.) of Title
   6.2;

   65. Violating any provision of Chapter 26 (&#xA7; 6.2-2600 et seq.) of Title
   6.2;

   66. Violating any provision of Chapter 54 (&#xA7; 59.1-586 et seq.);

   67. Knowingly violating any provision of &#xA7; 8.01-27.5;

   68. Failing to, in accordance with &#xA7; 59.1-207.46, (i) make available a
   conspicuous online option to cancel a recurring purchase of a good or service
   or (ii) with respect to a free trial lasting more than 30 days, notify a
   consumer of his option to cancel such free trial within 30 days of the end of
   the trial period to avoid an obligation to pay for the goods or services;

   69. Selling or offering for sale any substance intended for human consumption,
   orally or by inhalation, that contains a synthetic derivative of
   tetrahydrocannabinol. As used in this subdivision, &#8220;synthetic
   derivative&#8221; means a chemical compound produced by man through a chemical
   transformation to turn a compound into a different compound by adding or
   subtracting molecules to or from the original compound. This subdivision shall
   not (i) apply to products that are approved for marketing by the U.S. Food and
   Drug Administration and scheduled in the Drug Control Act (&#xA7; 54.1-3400 et
   seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16
   (&#xA7; 4.1-1600 et seq.) of Title 4.1;

   70. Selling or offering for sale to a person younger than 21 years of age any
   substance intended for human consumption, orally or by inhalation, that
   contains tetrahydrocannabinol. This subdivision shall not (i) apply to
   products that are approved for marketing by the U.S. Food and Drug
   Administration and scheduled in the Drug Control Act (&#xA7; 54.1-3400 et
   seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16
   (&#xA7; 4.1-1600 et seq.) of Title 4.1;

   71. Selling or offering for sale any substance intended for human consumption,
   orally or by inhalation, that contains tetrahydrocannabinol, unless such
   substance is (i) contained in child-resistant packaging, as defined in &#xA7;
   4.1-600; (ii) equipped with a label that states, in English and in a font no
   less than 1/16 of an inch, (a) that the substance contains
   tetrahydrocannabinol and may not be sold to persons younger than 21 years of
   age, (b) all ingredients contained in the substance, (c) the amount of such
   substance that constitutes a single serving, and (d) the total percentage and
   milligrams of tetrahydrocannabinol included in the substance and the number of
   milligrams of tetrahydrocannabinol that are contained in each serving; and
   (iii) accompanied by a certificate of analysis, produced by an independent
   laboratory that is accredited pursuant to standard ISO/IEC 17025 of the
   International Organization of Standardization by a third-party accrediting
   body, that states the tetrahydrocannabinol concentration of the substance or
   the tetrahydrocannabinol concentration of the batch from which the substance
   originates. This subdivision shall not (i) apply to products that are approved
   for marketing by the U.S. Food and Drug Administration and scheduled in the
   Drug Control Act (&#xA7; 54.1-3400 et seq.) or (ii) be construed to prohibit
   any conduct permitted under Chapter 16 (&#xA7; 4.1-1600 et seq.) of Title 4.1;

   72. Manufacturing, offering for sale at retail, or selling at retail an
   industrial hemp extract, as defined in &#xA7; 3.2-5145.1, a food containing an
   industrial hemp extract, or a substance containing tetrahydrocannabinol that
   depicts or is in the shape of a human, animal, vehicle, or fruit;

   73. Selling or offering for sale any substance intended for human consumption,
   orally or by inhalation, that contains tetrahydrocannabinol and, without
   authorization, bears, is packaged in a container or wrapper that bears, or is
   otherwise labeled to bear the trademark, trade name, famous mark as defined in
   15 U.S.C. &#xA7; 1125, or other identifying mark, imprint, or device, or any
   likeness thereof, of a manufacturer, processor, packer, or distributor of a
   product intended for human consumption other than the manufacturer, processor,
   packer, or distributor that did in fact so manufacture, process, pack, or
   distribute such substance;

   74. Selling or offering for sale a topical hemp product, as defined in &#xA7;
   3.2-4112, that does not include a label stating that the product is not
   intended for human consumption. This subdivision shall not (i) apply to
   products that are approved for marketing by the U.S. Food and Drug
   Administration and scheduled in the Drug Control Act (&#xA7; 54.1-3400 et
   seq.), (ii) be construed to prohibit any conduct permitted under Chapter 16
   (&#xA7; 4.1-1600 et seq.) of Title 4.1, or (iii) apply to topical hemp
   products that were manufactured prior to July 1, 2023, provided that the
   person provides documentation of the date of manufacture if requested;

   75. Violating any provision of &#xA7; 59.1-466.8;

   76. Violating subsection F of &#xA7; 36-96.3:1;

   77. Selling or offering for sale (i) any kratom product to a person younger
   than 21 years of age or (ii) any kratom product that does not include a label
   listing all ingredients and with the following guidance: &#8220;This product
   may be harmful to your health, has not been evaluated by the FDA, and is not
   intended to diagnose, treat, cure, or prevent any disease.&#8221; As used in
   this subdivision, &#8220;kratom&#8221; means any part of the leaf of the plant
   Mitragyna speciosa or any extract thereof;

   78. Advertising of any ignition interlock system in Virginia by an ignition
   interlock vendor not approved by the Commission on the Virginia Alcohol Safety
   Action Program to operate in Virginia; targeted advertising of any ignition
   interlock system to a person before determination of guilt; and any
   advertising, whether before or after determination of guilt, without a
   conspicuous statement that such advertisement is not affiliated with any
   government agency. For purposes of this subdivision, &#8220;ignition interlock
   system&#8221; has the same meaning as ascribed to that term in &#xA7;
   18.2-270.1 and &#8220;targeted advertising&#8221; has the same meaning
   ascribed to that term in &#xA7; 59.1-575 and includes direct mailings to an
   individual. This provision shall not apply to ignition interlock service
   vendor ads, pamphlets, or kiosk advertisements approved by the Commission on
   the Virginia Alcohol Safety Action Program and provided at a
   Commission-approved location;

   79. Failing to disclose the total cost of a good or continuous service, as
   defined in &#xA7; 59.1-207.45, to a consumer, including any mandatory fees or
   charges, prior to entering into an agreement for the sale of any such good or
   provision of any such continuous service;

   80. Violating any provision of the Unfair Real Estate Service Agreement Act
   (&#xA7; 55.1-3200 et seq.);

   81. Selling or offering for sale services as a professional mold remediator to
   be performed upon any residential dwelling without holding a mold remediation
   certification from a nationally or internationally recognized certifying body
   for mold remediation, and failing to comply with (i) the U.S. Environmental
   Protection Agency&#8217;s publication on Mold Remediation in Schools and
   Commercial Buildings, as revised; (ii) the ANSI/IICRC S520 Standard for
   Professional Mold Remediation, as revised; or (iii) any other equivalent
   ANSI-accredited mold remediation standard, when conducting or offering to
   conduct mold remediation in the Commonwealth;

   82. Willfully violating any provision of &#xA7; 59.1-444.4;

   83. Violating any provision of Chapter 23.2 (&#xA7; 59.1-293.10 et seq.);

   84. Selling any food that is required by the FDA to have a nutrition label
   that does not meet the requirements of 21 C.F.R. Part 101;

   85. Obtaining, disclosing, selling, or disseminating any personally
   identifiable reproductive or sexual health information without the consent of
   the consumer;

   86. Violating any provision of Chapter 58 (&#xA7; 59.1-607 et seq.); and

   87. (Effective July 1, 2026) Violating any provision of the Medical Debt
   Protection Act (&#xA7; 59.1-611 et seq.).

B. Nothing in this section shall be construed to invalidate or make
unenforceable any contract or lease solely by reason of the failure of such
contract or lease to comply with any other law of the Commonwealth or any
federal statute or regulation, to the extent such other law, statute, or
regulation provides that a violation of such law, statute, or regulation shall
not invalidate or make unenforceable such contract or lease.

HISTORY: 1977, c. 635; 1979, c. 304; 1981, c. 205; 1983, c. 173; 1986, c. 432;
1987, cc. 462 to 464; 1988, cc. 24, 534; 1989, cc. 689, 703; 1990, c. 584; 1991,
cc. 300, 605, 608, 630, 654; 1992, cc. 278, 545, 768; 1993, cc. 455, 760; 1994,
cc. 261, 400, 655; 1995, c. 10; 1998, c. 848; 2000, cc. 880, 901; 2002, cc. 217,
897; 2003, cc. 800, 1003; 2004, cc. 784, 790, 798, 817; 2005, cc. 269, 303, 640,
861; 2006, c. 399; 2008, cc. 294, 791, 842; 2009, cc. 321, 359, 376, 699, 700;
2010, cc. 477, 713; 2011, c. 615; 2014, cc. 396, 459; 2016, c. 591; 2017, cc.
11, 16, 727; 2018, cc. 299, 704; 2019, cc. 291, 292, 521; 2020, cc. 412, 438,
481, 785, 1198, 1215, 1250, 1258; 2021, Sp. Sess. I, c. 485; 2022, cc. 351, 557;
2022, Sp. Sess. I, c. 2; 2023, cc. 304, 305, 439, 596, 688, 740, 744, 773, 794;
2023, Sp. Sess. I, c. 1; 2024, cc. 328, 362, 452, 476, 549, 747, 751, 793, 828;
2025, cc. 251, 342, 591, 685, 686, 692.