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2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 59.1-204 of the Code of Virginia is amended and reenacted as follows:
§ 59.1-204. Individual action for damages or penalty.
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.
B. Notwithstanding any other provision of law to the contrary,
in addition to any damages awarded, such person also may be awarded reasonable
attorney's attorneys' 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'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's attorney's attorneys' 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
attorney's attorneys' 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' 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.