Va. Code § 59.1-9.1
Short title
This chapter may be known and cited as the "Virginia Antitrust Act."
Code of Virginia Title 59.1 — Trade and Commerce
Virginia · statute · Va. Code tit. 59.1 · 810 active provisions
Va. Code § 59.1-9.2
Purpose of chapter
The purpose of this chapter is to promote the free market system in the economy of this Commonwealth by prohibiting restraints of trade and monopolistic practices that act or tend to act to decrease competition. This chapter shall be construed in accordance with the legislative purpose to implement fully the Commonweal…
Va. Code § 59.1-9.3
Definitions
When used in this chapter, unless the context requires a different meaning: "Commodity" includes any kind of real or personal property. "Person" includes any natural person; any trust or association of persons, formal or otherwise; or any corporation, partnership, company, or other legal or commercial entity. "Service"…
Va. Code § 59.1-9.4
Certain activities not prohibited
A. No provision of this chapter shall be construed to make illegal: 1. The activities of any labor or professional organization or of individual members thereof that are directed solely to labor or professional objectives legitimate under the laws of the Commonwealth or the United States. 2. The activities of any agric…
Va. Code § 59.1-9.5
Contracts, etc., in restraint of trade unlawful
Every contract, combination or conspiracy in restraint of trade or commerce of this Commonwealth is unlawful.
Va. Code § 59.1-9.6
Monopolies unlawful
Every conspiracy, combination, or attempt to monopolize, or monopolization of, trade or commerce of this Commonwealth is unlawful.
Va. Code § 59.1-9.7
Discriminatory practices unlawful; proof; payment or acceptance of certain commissions, etc., unlawful
A. It is unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities or services of like grade and quality, where either or any of the purchasers involved in such commerce are in competition, where such…
Va. Code § 59.1-9.8
Forum; restraining orders and injunctions; penalties
Actions and proceedings for violations of this chapter shall be brought in the circuit courts of this Commonwealth. Those courts may issue temporary restraining orders and injunctions to prevent and restrain violations of this chapter, and may award the damages and impose the civil penalties provided herein. They may a…
Va. Code § 59.1-9.9
Venue
The venue for all actions and proceedings for violations of this chapter shall be as specified below in this section. The circuit court of the county or city wherein any defendant: (i) resides; or (ii) regularly or systematically conducts affairs or business activity; or (iii) has property that may be affected by the a…
Va. Code § 59.1-9.10
Investigation by Attorney General of suspected violations; civil investigative demand to witnesses; access to business records, etc
A. Whenever it shall appear to the Attorney General, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice prohibited by this chapter, the Attorney General may in his discretion either require or permit such person to file with him a statemen…
Va. Code § 59.1-9.11
Penalty for flagrant violations
In any action or proceeding brought under subsection A of § 59.1-9.15 the court may assess for the benefit of the Commonwealth a civil penalty of not more than $100,000 for each willful or flagrant violation of this chapter. No civil penalty shall be imposed in connection with any violation for which any fine or penalt…
Va. Code § 59.1-9.12
Personal suit for injunction or actual damages
A. Any person threatened with injury or damage to his business or property by reason of a violation of this chapter may institute an action or proceeding for injunctive relief, disgorgement, and other forms of equitable monetary relief as the court deems appropriate when and under the same conditions and principles as…
Va. Code § 59.1-9.13
Effect of conviction in other proceedings
A final judgment or decree to the effect that a defendant has violated this chapter, other than a consent judgment or decree entered before any testimony has been taken, in an action or proceeding brought under subsection A of § 59.1-9.15 is prima facie evidence against that defendant in any other action or proceeding…
Va. Code § 59.1-9.14
Limitation of actions
A. An action under subsection A of § 59.1-9.15 to recover a civil penalty is barred if it is not commenced within four years after the cause of action accrues. B. An action under subsection B of § 59.1-9.12 or subsection B of § 59.1-9.15 to recover damages is barred if it is not commenced within four years after the ca…
Va. Code § 59.1-9.15
Actions on behalf of Commonwealth or localities; injunctive and other equitable relief; damages
A. The Attorney General on behalf of the Commonwealth, or the attorney for the Commonwealth or county attorney on behalf of a county, or the city attorney on behalf of a city, or the town attorney on behalf of a town may institute actions and proceedings for injunctive relief, disgorgement, and other forms of equitable…
Va. Code § 59.1-9.16
Remedies cumulative
The remedies in this chapter are cumulative.
Va. Code § 59.1-9.17
Construction of chapter
This chapter shall be applied and construed to effectuate its general purposes in harmony with judicial interpretation of comparable federal statutory provisions.
Va. Code § 59.1-21.1
Citation of chapter
This chapter shall be known, and may be cited, as the "Virginia Home Solicitation Sales Act."
Va. Code § 59.1-21.2
Definitions
A. As used in this chapter, "home solicitation sale" means: 1. A consumer sale or lease of goods or services in which the seller or a person acting for him engages (i) in a personal solicitation of the sale or lease or (ii) in a solicitation of the sale or lease by telephone or electronic means at any residence other t…
Va. Code § 59.1-21.3
Cancellation of sale
(1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with § 59.1-21.4 . (2) Cancellation…
Va. Code § 59.1-21.4
Receipt or written agreement
(1) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer a fully completed receipt if it is a cash or credit card sale or obtain the buyer's signature to a written agreement or offer to purchase, in the case of…
Va. Code § 59.1-21.5
Tender of payments to buyer
(1) Except as provided in this section, within ten days after a home solicitation sale has been canceled or an offer to purchase revoked the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. (2) If the down payment includes goods traded in, the goods must be…
Va. Code § 59.1-21.6
Tender of goods to seller
(1) Except as provided by the provisions of § 59.1-21.5 (3), within a reasonable time after a home solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale but he is not obligated to tender at any place ot…
Va. Code § 59.1-21.7
Cancellation of contract when seller has misrepresented nature or purpose of transaction
Notwithstanding any other provision of law, if at the time of a home solicitation a seller or his agent should fail to immediately identify himself as a seller or lessor, or should he represent or imply that his purpose at the time of solicitation is anything other than selling or leasing if that is not substantially t…
Va. Code § 59.1-21.7:1
Enforcement; penalties
Any violation of the provisions of this chapter shall constitute a prohibited practice pursuant to the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act of 1977, Chapter 17 (§ 59.1-196 et seq.) of this title.
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