Virginia Consumer Protection Laws: Lemon Law, Refunds, Repairs and Scams

Virginia's Motor Vehicle Warranty Enforcement Act covers new passenger cars, pickup and panel trucks, motorcycles, autocycles, mopeds and the self-propelled chassis of motor homes, including demonstrators and leased vehicles. The "lemon law rights period" is 18 months after delivery. If a defect that significantly impairs the vehicle's use, market value or safety (even one that does not affect driveability) is not fixed after a reasonable number of attempts during that period, the manufacturer must replace the vehicle with a comparable one acceptable to the consumer or take it back and refund the full contract price, collateral charges and incidental damages, minus a use allowance up to the first notice of the defect; the consumer has an unconditional right to choose a refund. A reasonable number of attempts is presumed if, during the rights period, the same defect was repaired three or more times and continues, a serious safety defect was repaired once or more and continues, or the vehicle was out of service 30 calendar days. The consumer must give the manufacturer written notice, and the manufacturer gets one more chance (up to 15 days) if it had not been notified. Using a manufacturer's dispute program is the consumer's choice. A successful consumer recovers attorney's fees, expert fees and court costs. Suit must be filed within the 18-month rights period, with an extension if a timely dispute-program claim was not resolved.

Under the Virginia Home Solicitation Sales Act, a buyer may cancel a home solicitation sale until midnight of the third business day after signing a compliant agreement. A home solicitation sale is a consumer sale or lease of goods or services personally solicited, or solicited by phone or electronically without prior invitation, at a residence other than the seller's, where the buyer agrees there. It does not cover cash sales under $25, sales under an existing revolving charge account or after prior negotiations, buyer-initiated phone or online sales, farm equipment, insurance sales, or sales by licensed motor vehicle dealers. Notice must be written and is effective when mailed. A violation of the Act is also a prohibited practice under the Virginia Consumer Protection Act.

The Virginia Consumer Protection Act lists prohibited practices by suppliers in consumer transactions, including misrepresentations and violations of related consumer laws (such as the Home Solicitation Sales Act and Automobile Repair Facilities Act). A person who suffers loss may sue for actual damages or $500, whichever is greater; if the violation was willful, damages may be increased up to three times actual damages or $1,000, whichever is greater. The court may also award reasonable attorneys' fees and court costs. Special rules apply if the business makes a timely cure offer.

Under the Automobile Repair Facilities Act, if a customer asks before work begins on a repair that may cost more than $25, the shop must give a written estimate of labor and parts costs, a description of the work and the estimated completion time (shops need not prepare estimates before 10 a.m. or after 4 p.m.). Once an estimate is requested, no repair work beyond needed diagnosis may start until the customer authorizes it in writing or orally, and the final charge may not exceed the estimate by more than 10% (20% for vehicles at least 25 model years old) without the customer's authorization. Shops may charge a reasonable, disclosed fee for estimates. Shops must post a "Customer Rights" sign stating these rights, that replaced parts will be offered back (except warranty, core or trade-in parts), and that complaints can go to the Attorney General's consumer office.

Under the Virginia Post-Disaster Anti-Price Gouging Act, during a declared state of emergency it is unlawful for a supplier to sell, lease or license, or offer, necessary goods and services at an unconscionable price in the emergency area; an actual sale is not required. Factors include whether the price grossly exceeds the supplier's own price, or the price readily available in the trade area, during the 10 days before the disaster, and whether the increase is due solely to added costs or a regular seasonal adjustment. Violations are enforced as Consumer Protection Act violations, but the law does not create a private right to sue. Price gouging complaints about motor fuel go to the Virginia Department of Agriculture and Consumer Services, Office of Weights and Measures.

A gift certificate or gift card issued by a Virginia merchant may not carry dormancy, inactivity or service fees unless it was given through an award, loyalty or promotional program with no money exchanged. If a certificate has an expiration date, it must show the date or a phone number or website where the holder can find it; if it loses value over time, it must show a phone number or website explaining that. This information must be clearly and permanently printed on the certificate. The definition of gift certificate includes general-use prepaid cards. Violations are enforced under the Consumer Protection Act.

No person may engage in, or offer to engage in, contracting work in Virginia without a license issued under the Contractors chapter of the Code (administered by a board within the Department of Professional and Occupational Regulation). Home solicitation sales of home improvements are also subject to the three-day cancellation right.

A person or business that owns or licenses computerized personal information must notify the Office of the Attorney General and any affected Virginia resident without unreasonable delay when unencrypted or unredacted personal information was or is reasonably believed to have been accessed and acquired by an unauthorized person and has caused, or is reasonably believed to cause, identity theft or other fraud. Notice may be delayed to determine the breach's scope and restore the system, or at a law enforcement agency's request.

Consumers can file a complaint with the Attorney General's Consumer Protection Section online (preferred) or by mailing a printable form (English or Spanish) to 202 North Ninth Street, Richmond, VA 23219 (fax 804-225-4378). Check the Agency Search first, since some complaints belong to other agencies. The office forwards complaints to businesses for a response and offers voluntary alternative dispute resolution for complaints that do not appear to involve a legal violation. Hotline: 1-800-552-9963 in Virginia, or (804) 786-2042 from Richmond or outside Virginia.

1) Report the problem to the manufacturer, its agents or an authorized dealer during the lemon law rights period (18 months after original delivery). 2) Written notice and final repair chance: before using the lemon law, the consumer must notify the manufacturer of the need for repair, unless the manufacturer already counts as notified (for example, a written complaint was mailed to it, it responded in writing, or a factory representative inspected the vehicle or met with the consumer or dealer). The manufacturer must disclose this written-notice requirement, and the address to use, in the warranty or owner's manual. If the repair presumption has already been met when the manufacturer is first notified, it gets one more chance of no more than 15 days to fix the defect. 3) Arbitration: if the manufacturer offers an informal dispute settlement procedure, using it is the consumer's choice; it is not required before suing. If the program awards a refund or replacement, the manufacturer has 40 days after receiving the consumer's acceptance to comply. Virginia's lemon law does not create a state-run arbitration program or set a consumer fee. 4) Deadline to sue: a lawsuit must be filed within the lemon law rights period. If the consumer used the manufacturer's program within that period without a satisfactory result, the consumer has 12 months from the program's final action or the original rights period, whichever is longer. The rights period is extended if the manufacturer was notified but the defect was not fixed by the end of the period. A consumer who wins recovers reasonable attorney's fees, expert witness fees and court costs.