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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 59.1-204, 59.1-204.1, and 59.1-207 of the Code of Virginia are 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 §
59.1-200 this chapter shall be entitled to initiate an action to
recover actual damages, or $100 $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 fees and court costs.
§ 59.1-204.1. Tolling of limitation.
A. Any individual action pursuant to § 59.1-204 for which the right to bring such action first accrues on or after July 1, 1995, shall be commenced within two years after such accrual. The cause of action shall accrue as provided in § 8.01-230.
B. When any of the authorized government agencies files suit under this chapter, the time during which such governmental suit and all appeals therefrom is pending shall not be counted as any part of the period within which an action under § 59.1-204 shall be brought.
§ 59.1-207. Unintentional violations.
In any case arising under this chapter, no liability shall be imposed upon a
supplier who shows by a preponderance of the evidence (i) that (i)
the act or practice alleged to be in violation of § 59.1-200 was an act
or practice of the manufacturer or distributor to the supplier over which the
supplier had no control, or (ii) that the alleged violation
resulted from a bona fide error notwithstanding the maintenance of procedures
reasonably adopted to avoid a violation; provided, however, that
nothing in this section shall prevent the court from ordering restitution
to individuals aggrieved as a result of an unintentional violation of §
59.1-200 this chapter.