15103448D
HOUSE BILL NO. 1920
Offered January 14, 2015
Prefiled January 13, 2015
A BILL to amend and reenact §59.1-199 of the Code of
Virginia, relating to the Virginia Consumer Protection Act; exclusion for
public service companies.
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Patron-- LeMunyon
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §59.1-199 of the Code of Virginia is amended and
reenacted as follows:
§59.1-199. Exclusions.
Nothing in this chapter shall apply to:
A. 1. Any
aspect of a consumer transaction which aspect is authorized under laws or
regulations of this the
Commonwealth or the United States, or the formal advisory opinions of any
regulatory body or official of this the Commonwealth or the United
States.;
B. 2. Acts
done by the publisher, owner, agent, or
employee of a newspaper, periodical, or radio or television station, or other
advertising media such as outdoor advertising and advertising agencies, in the
publication or dissemination of an advertisement in violation of §59.1-200,
unless it be proved that such person knew that the advertisement was of a
character prohibited by §59.1-200.;
C. 3. Those
aspects of a consumer transaction which that are regulated by the
Federal Consumer Credit Protection Act, 15 U.S.C. §1601 et seq;.
D. 4. Banks,
savings institutions, credit unions, small loan consumer finance companies, public service corporations,
mortgage lenders as defined in §6.2-1600, broker-dealers as defined in §
13.1-501, gas suppliers as defined in subsection E of §56-235.8, and insurance
companies, provided such entity is
regulated and supervised by the State Corporation Commission or a comparable
federal regulating body.;
E. 5. Any
aspect of a consumer transaction which that is subject to the
Landlord and Tenant Act, Chapter 13 (§55-217 et seq.) of Title 55 or the
Virginia Residential Landlord and Tenant Act, Chapter 13.2 (§55-248.2 et seq.)
of Title 55, unless the act or practice of a landlord constitutes a
misrepresentation or fraudulent act or practice under §59.1-200.;
F. 6. Real
estate licensees who are licensed under Chapter 21 (§54.1-2100 et seq.) of
Title 54.1; or
7. Any aspect of a
consumer transaction that relates to the
provision, by a public
service corporation that is
regulated and supervised by the State Corporation Commission, of a
service unless such public service
corporation's provision of the service is not subject to regulation by the State
Corporation Commission.
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