Consumer
Protection/Other Protections
VIRGINIA COMPARISON PRICE ADVERTISING ACT
Many consumers complain of so called "bait and switch" tactics by certain dealers, by advertising an item at one price, but also not only offering the item in the store or offering another one at a higher price. The Comparison Price Advertising Act was enacted to help deal with this problem.
The Act forbids any supplier to knowingly advertise a former price of goods or services unless, the dates the former price was in effect is disclosed in the advertisement; or substantial sales were made recently of that item or similar items at that former price in the regular course of business; or, the former price was based on the cost of the item to the supplier plus the ordinary mark up. Va. Code §59.1-207.41.
In addition, no supplier shall in any manner knowingly advertise a comparison price with another item sold by a competitor unless: the supplier can substantiate that the price advertised as a comparison was indeed offered by the competitor in that service area; and the service area is disclosed in the advertisement; and it is clearly disclosed in the advertisement that the other price is merely a comparison price, and not the supplier's price. Va. Code §59.1-207.42. A supplier in an advertisement cannot use the phrases “market value” or “valued at” unless goods of the same quality are offered by a reasonable number of other vendors in the same area as the supplier. Va. Code §59.1-207.43.
Suppliers who violate these provisions also violate the Virginia Consumer Protection Act.
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GRACE PERIOD FOR LATE PAYMENTS
This provision states that no acceleration or repossession can occur under a consumer contract unless there is a ten-day grace period from the time of default. Thus, a creditor may not repossess or accelerate a loan agreement until ten days after a default has occurred. Va. Code §11-4.3.
UNSOLICITED GOODS
Unsolicited goods sent or mailed are a gift to the recipient. Va. Code 11-2.1 and 11-2.2.
PRENEED FUNERAL CONTRACTS
Va. Code Section 54.1-2820 outlines ten requirements of preneed funeral contracts and four requirements of a life insurance or annuity contract that funds a preneed funeral contract.
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PRIZES AND GIFTS ACT
Va. Code Section 59.1-416 provides that no person shall in connection with the sale or lease or solicitation for the sale or lease of goods, property, or service, represent that another person has won anything of value or is the winner of a contest, unless 1) the recipient shall be given the prize without obligation, and 2) the prize shall be delivered to the recipient at no expense to her, within 10 days.
The Act also imposes certain requirements on the representation of eligibility to win or receive a prize.
Any violation of this Act is a prohibited practice under the Consumer Protection Act. Va. Code Section 59.1-422.
Exemptions from this Act are listed in Va. Code Section 59.1-423.
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