                                 CODE OF VIRGINIA

INDIVIDUAL ACTION FOR DAMAGES OR PENALTY (§ 59.1-204)

A. Any person who suffers loss as the result of a violation of this chapter
shall be entitled to initiate an action to recover actual damages, or $500,
whichever is greater. If the trier of fact finds that the violation was willful,
it may increase damages to an amount not exceeding three times the actual
damages sustained, or $1,000, whichever is greater. Any person who accepts a
cure offer under this chapter may not initiate or maintain any other or
additional action based on any cause of action arising under any other statute
or common law theory if such other action is substantially based on the same
allegations of fact on which the action initiated under this chapter is based.

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

C. No cure offer shall be admissible in any proceeding initiated under this
section, unless the cure offer is delivered by a supplier to the person claiming
loss or to any attorney representing such person, prior to the filing of the
supplier&#8217;s initial responsive pleading in such proceeding. If the cure
offer is timely delivered by the supplier, then the supplier may introduce the
cure offer into evidence at trial. The supplier shall not be liable for such
person&#8217;s attorneys&#8217; fees and court costs incurred following delivery
of the cure offer unless the actual damages found to have been sustained and
awarded, without consideration of attorneys&#8217; fees and court costs, exceed
the value of the cure offer.

D. In any action which the parties desire to settle all matters in dispute, the
question of whether the plaintiff shall be awarded reasonable attorneys&#8217;
fees and court costs in accordance with subsections B and C may be tendered to
the court for consideration of the amount of such an award, if any.

HISTORY: 1977, c. 635; 1995, cc. 703, 726; 2004, cc. 41, 90; 2005, c. 250; 2006,
c. 453.