Virginia

• Pages: 591-598

591

CHAPTER 48

VIRGINIA

A. Scope of the Statute and Elements of a Cause of Action

The Virginia Consumer Protection Act (VCPA)1 was designed to

“promote fair and ethical standards of dealings between suppliers and the

consuming public.”2 In pursuit of that goal, it prohibits sixty-five

“fraudulent acts or practices committed by a supplier in connection with a

consumer transaction.”3 The VCPA further prohibits certain practices in

connection with foreclosure rescue services.4 Most of the prohibited acts

or practices involve certain misrepresentations by product suppliers to

consumers.5 It also prohibits certain disclaimers, waivers, and liquidated

damages clauses in consumer contracts.6 Violations of more than twenty-

five state statutes, including those related to health clubs, prizes and gifts,

manufacturers’ warranties, and travel clubs, constitute violations of the

VCPA.7 In addition to specific acts or practices constituting per se

violations, the statute also includes a catchall provision prohibiting any

other acts or practices that involve “deception, fraud, false pretense, false

promise, or misrepresentation.”8

The VCPA applies to acts or practices committed by a “supplier” in

connection with “consumer transactions.”9 The term “supplier” has been

construed as including only those persons who make a business out of

supplying goods and services in consumer transactions, and not “one who

is involved in an isolated, casual, occasional, and essentially private

transaction.”10 The term “consumer transaction” is defined, broadly

speaking, to include transactions involving the sale, lease, or license of

goods or services to be used primarily for personal, family, or household

1. VA. CODE § 59.1-196-207.

2. Id. § 59.1-197.

3. Id. § 59.1-200(A).

4. Id. § 59.1-200.1.

5. Id. § 59.1-200(A)(1)-(16).

6. Id. § 59.1-200(A)(13).

7. Id. § 59.1-200(A).

8. Id. § 59.1-200(A)(14).

9. Id. § 59.1-200(A).

10. Sullivan v. Reliable Realty, 16 Va. Cir. 118, 126 (Va. Cir. Ct., Clarke Cty.

1989).