Bill Text: VA HB2085 | 2013 | Regular Session | Prefiled
Bill Title: Consumer Counsel of Dept. of Law, Division of; replaces referenece to Office of Consumer Affairs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-02-20 - Governor: Acts of Assembly Chapter text (CHAP0024) [HB2085 Detail]
Download: Virginia-2013-HB2085-Prefiled.html
13101268D Be it enacted by the General Assembly of Virginia: 1. That §§15.2-963, 57-48, 57-55.2, 57-55.3, 59.1-298, 59.1-326, and 59.1-328 of the Code of Virginia are amended and reenacted as follows: §15.2-963. Local offices of consumer affairs; establishment; powers and duties. Any county or city may, by ordinance, establish a local office
of consumer affairs 1. To serve as a central coordinating agency and clearinghouse
for receiving and investigating complaints of illegal, fraudulent, deceptive, or dangerous practices
occurring in such county or city, and referring such complaints to the local
departments or agencies charged with enforcement of consumer laws. The
processing of complaints involving statutes or regulations administered by
state agencies shall be coordinated, where applicable, with the 2. To attempt to resolve complaints received pursuant to
subdivision 1 3. To develop programs of community consumer education and information; and 4. To maintain records of consumer complaints and their
eventual disposition, provided that records disclosing §57-48. Definitions. As used in this chapter, unless the context requires a different meaning: "Board" means the Board of Agriculture and Consumer Services. "Charitable organization" means any person "Charitable purpose" means any charitable, benevolent, humane, philanthropic, patriotic, or eleemosynary purpose and the purposes of influencing legislation or influencing the actions of any public official or instigating, prosecuting, or intervening in litigation. "Charitable sales promotion" means advertised sales
that feature the names of both the commercial co-venturer and the charitable or
civic organization and "Civic organization" means any local service club, "Commercial co-venturer" means any person who (i) is organized for profit, (ii) is regularly and primarily engaged in trade or commerce, other than in connection with soliciting for charitable or civic organizations or charitable purposes, and (iii) conducts an advertised charitable sales promotion for a specified limited period of time. "Commissioner" means the Commissioner of Agriculture
and Consumer Services "Contribution" means any gift, bequest, devise, or other grant of any money,
credit, financial assistance, or
property of any kind or value, including the promise to contribute, except
payments by the membership of an organization for membership fees, dues, fines,
or assessments, or for services rendered to individual members, and except
money, credit, financial assistance, or
property received from any governmental authority. "Department" means the Department of Agriculture and Consumer Services. "Federated fund-raising organization" means any
federation of independent charitable organizations "File with the Commissioner" means depositing the
originals of the documents required to be filed, along with the payment of the
appropriate fee and all supporting documents with the "Fund-raising expenses" means the expenses of all activities that constitute or are an integral and inseparable part of a solicitation. "Membership" means those persons to whom, for
payment of fees, dues, assessments, etc., an organization provides services and
confers a bona fide right, privilege, professional standing, honor, or other direct benefit, in
addition to the right to vote, elect officers, or hold offices. "Parent organization" means that part of a
charitable organization "Person" means any individual, organization, trust, foundation, association, partnership, corporation, society, or other group or combination acting as a unit. "Professional fund-raising counsel" means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of, any charitable or civic organization, but who actually solicits no contributions as a part of such services. A bona fide salaried officer or employee of a registered or exempt charitable organization or the bona fide salaried officer or employee of a registered parent organization shall not be deemed to be a professional fund-raising counsel. "Professional solicitor" means any person who, for a
financial or other consideration, solicits contributions for, or on behalf of,
a charitable or civic organization, whether such solicitation is performed
personally or through his agents, servants, or employees or through agents,
servants, or employees who are specially
employed by "Sale," "sell," and "sold" mean the transfer of any property or the rendition of any service to any person in exchange for consideration, including any purported contribution without which such property would not have been transferred or such services would not have been rendered. "Solicit" and "solicitation" mean the request or appeal, directly or indirectly, for any contribution on the plea or representation that such contribution will be used for a charitable purpose, including, without limitation, the following methods of requesting such contribution: 1. Any oral or written request; 2. Any announcement to the press, over the radio or television, or by telephone or telegraph concerning an appeal or campaign to which the public is requested to make a contribution for any charitable purpose connected therewith; 3. The distribution, circulation, posting,
or publishing of any handbill, written advertisement,
or other publication 4. The sale of, offer, or attempt to sell, any advertisement, advertising space, subscription, ticket, or any service or tangible item in connection with which any appeal is made for any charitable purpose or where the name of any charitable or civic organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will be donated to any charitable purpose. "Solicitation,"
as defined "Terrorists and terrorist organizations" means any
person, organization, group, or
conspiracy who assists or has assisted terrorist organizations, as provided in
18 U.S.C. § §57-55.2. Charitable solicitation disclosure. Every professional solicitor who solicits contributions from a
prospective contributor in §57-55.3. Disclosure regarding financial statement required. Every charitable organization §59.1-298. Notice to buyer. A copy of the executed health spa contract shall be delivered
to the buyer at the time the contract is executed. All health spa contracts
shall (i) be in writing, (ii) be signed by the buyer, (iii) designate the date
on which the buyer actually signed the contract, (iv) state the starting and
expiration dates of the initial membership period, (v) separately identify any
initiation fee, (vi) either in the contract itself or in a separate notice
provided to the buyer at the time the contract is executed, notify each buyer
that the buyer should attempt to resolve with the health spa any complaint the
buyer has with the health spa, and that the Virginia Department of Agriculture
and Consumer Services If you wish to cancel this contract, you may cancel by making or delivering written notice to this health spa. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to . . . . . . . . . . . . (Health spa shall insert its name and mailing address.) If canceled within three business days, you will be entitled to a refund of all moneys paid. You may also cancel this contract if this spa goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the facility designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health spa services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health spa services by a doctor's, physician assistant's, or nurse practitioner's certificate, and the health spa may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, physician assistant, or nurse practitioner agreeable to you and the health spa. If you cancel after the three business days, the health spa may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation. §59.1-326. Membership camping operator's disclosure statement. A. Every membership camping operator, salesperson, or other person who is in the business of offering for sale or transfer the rights under existing membership camping contracts for a fee shall deliver to his purchaser a current membership camping operator's disclosure statement before execution by the purchaser of the membership camping contract and no later than the date shown on such contract. B. The membership camping operator's disclosure statement shall consist of the following items in the order as presented: 1. A cover page stating: a. The words "Membership Camping Operator's Disclosure
Statement" printed in boldfaced type of a minimum size of b. The name and principal business address of the membership
camping operator c. A statement that the membership camping operator is in the
business of offering for sale membership camping contracts d. The following THIS DISCLOSURE STATEMENT CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN THE EXECUTION OF A MEMBERSHIP CAMPING CONTRACT. THE MEMBERSHIP CAMPING OPERATOR IS REQUIRED BY LAW TO DELIVER TO YOU A COPY OF THIS DISCLOSURE STATEMENT BEFORE YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. YOU AS A PROSPECTIVE PURCHASER SHOULD REVIEW ALL REFERENCES, EXHIBITS, CONTRACT DOCUMENTS, AND SALES MATERIALS. YOU SHOULD NOT RELY UPON ANY ORAL REPRESENTATIONS AS BEING CORRECT. REFER TO THIS DOCUMENT AND TO THE ACCOMPANYING EXHIBITS FOR CORRECT REPRESENTATIONS. THE MEMBERSHIP CAMPING OPERATOR IS PROHIBITED FROM MAKING ANY REPRESENTATIONS WHICH CONFLICT WITH THOSE CONTAINED IN THE CONTRACT AND THIS DISCLOSURE STATEMENT. e. The following SHOULD YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT, YOU HAVE THE UNQUALIFIED RIGHT TO CANCEL SUCH CONTRACT. THIS RIGHT OF CANCELLATION CANNOT BE WAIVED. THE RIGHT TO CANCEL EXPIRES AT MIDNIGHT ON THE 7TH CALENDAR DAY FOLLOWING THE DATE ON WHICH THE CONTRACT WAS EXECUTED. TO CANCEL THE MEMBERSHIP CAMPING CONTRACT, YOU AS THE PURCHASER MUST MAIL NOTICE OF YOUR INTENT TO CANCEL BY CERTIFIED UNITED STATES MAIL TO THE MEMBERSHIP CAMPING OPERATOR AT THE ADDRESS SHOWN IN THE MEMBERSHIP CAMPING CONTRACT, POSTAGE PREPAID. THE CAMPING OPERATOR IS REQUIRED BY LAW TO RETURN ALL MONEYS PAID BY YOU IN CONNECTION WITH THE EXECUTION OF THE MEMBERSHIP CAMPING CONTRACT, UPON YOUR PROPER AND TIMELY CANCELLATION OF THE CONTRACT. IN ADDITION, AFTER THE INITIAL 7-CALENDAR-DAY CANCELLATION PERIOD, YOU THE PURCHASER OR YOUR SUCCESSOR IN INTEREST MAY TERMINATE YOUR LIABILITY UNDER THE MEMBERSHIP CAMPING CONTRACT INCLUDING PAYMENT OF ANY MEMBERSHIP FEES, DUES, AND ASSESSMENTS UPON YOUR GIVING PROPER AND EFFECTIVE NOTICE TO THE MEMBERSHIP CAMPING OPERATOR. TO BE EFFECTIVE, THE NOTICE MUST BE IN WRITING AND SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND IT MUST CONTAIN: (1) YOUR TRANSFER OF ANY AND ALL RIGHTS, TITLE, AND INTEREST YOU HAVE IN THE MEMBERSHIP CAMPING CONTRACT AND CAMPGROUND BACK TO THE MEMBERSHIP CAMPING OPERATOR; (2) A RECORDABLE DEED, DULY EXECUTED AND NOTARIZED, AND THE RECORDING FEE, IF YOU RECEIVED A RECORDED DEED FROM THE MEMBERSHIP CAMPING OPERATOR; (3) PAYMENTS OF (i) THE UNPAID BALANCE OF THE PURCHASE PRICE AND ANY ACCRUED UNPAID INTEREST THEREON AND (ii) ALL UNPAID MEMBERSHIP FEES, DUES, AND ASSESSMENTS WITH ACCRUED INTEREST THEREON PERMITTED BY THE MEMBERSHIP CAMPING CONTRACT; AND (4) PAYMENT OF ALL OTHER UNPAID FINANCIAL OBLIGATIONS OWED BY YOU THE PURCHASER PURSUANT TO THE MEMBERSHIP CAMPING CONTRACT. f. The following "Registration of the membership camping operator with the Commissioner of the Virginia Department of Agriculture and Consumer Services does not constitute an approval or endorsement by the Commissioner of the membership camping operator, his membership camping contract, or his campground." 2. The name of the membership camping operator and the address of his principal place of business and the following information: a. The name, principal occupation, and address of every director, partner, or trustee of the membership camping operator; b. The name and address of each person owning or controlling
an interest of c. The particulars of any indictment, conviction, judgment, decree, or order of any court or administrative agency against the membership camping operator or its managing entity arising out of the violation or alleged violation of any federal, state, local, or foreign law or regulation in connection with activities relating to the sale of campground memberships, land sales, land investments, security sales, construction, or sale of homes or improvements or any similar or related activity; and d. A statement of any unsatisfied judgments against the membership camping operator or its managing entity, the status of any pending suits involving the sale of membership camping contracts or the management of campgrounds to which the membership camping operator or its managing entity is a party and the status of any pending suits, administrative proceedings, or indictments of significance to the campground; 3. A brief description of the nature of the purchaser's right
or license to use the campground and the facilities 4. A brief description of the membership camping operator's
experience in the membership camping business, including the length of time 5. The location of each of the campgrounds 6. As to all memberships offered by the membership camping operator at each campground: a. The form of membership offered; b. The types and duration of memberships along with a summary of the major privileges, restrictions, and limitations applicable to each type; and c. Provisions, if any, that have been made for public utilities at each campsite including water, electricity, telephone, and sewerage facilities; 7. 8. A description of any liens, defects, or encumbrances affecting the campground; 9. A general description of any financing offered or available through the membership camping operator; 10. A statement that the purchaser has until midnight of the seventh calendar day following the signing of the membership campground contract to cancel the contract by proper notice to the membership camping operator; 11. A description of the insurance coverage that the membership camping operator provides for the benefit of purchasers, if any; 12. 13. The extent to which financial arrangements, if any, have been provided for the completion of facilities together with a statement of the membership camping operator's obligation to complete planned facilities. The statement shall include a description of any restrictions or limitations on the membership camping operator's obligation to begin or to complete such facilities; 14. The name of the managing entity, if there is one, and the
significant terms of any management contract, including but not limited to 15. 16. A brief description of the ownership in or other right to
use the campground 17. a. A copy, whether by way of supplement or otherwise, of
the rules, restrictions, or
covenants regulating the purchaser's use of the campground in Virginia and its
facilities b. A summary, whether by way of supplement or otherwise, of the rules, restrictions, or covenants regulating the purchaser's use of any other campgrounds, facilities, or any other amenities resulting from the purchase of, or used as an inducement to influence the purchase of, the membership camping contract; 18. A description of any restraints on the transfer of the membership camping contract; 19. A brief description of the policies covering the availability of camping sites, the availability of reservations and the conditions under which they are made; 20. A brief description of any grounds for forfeiture of a purchaser's membership camping contract; 21. A statement of whether the membership camping operator has the right to withdraw permanently from use all or any portion of any campground devoted to membership camping and, if so, the conditions under which such withdrawal is to be permitted; 22. A statement describing the material terms and conditions of any reciprocal program to be available to the purchaser, including a statement concerning whether the purchaser's participation in any reciprocal program is dependent upon the continued affiliation of the membership camping operator with that reciprocal program and whether the membership camping operator reserves the right to terminate such affiliation; 23. The following "The purchase of this membership camping contract should not be based on any representations that it is an investment or that it can be resold. The resale of a membership may be difficult"; and 24. A statement that contains in boldfaced type the name,
address, and telephone number of the Virginia Department of Agriculture and
Consumer Services C. The membership camping operator shall promptly amend his membership camping operator's disclosure statement to reflect any material change in the campground or its facilities. He shall also promptly file any such amendments with the Commissioner. §59.1-328. Membership camping contracts. The membership camping operator shall deliver to his purchaser a fully executed copy of the membership camping contract, which contract shall include at least the following information: 1. The actual date the membership camping contract is executed by the purchaser. 2. The name of the membership camping operator and the address of his principal place of business. 3. The total financial obligation imposed upon the purchaser
by the contract, including the initial purchase price and any additional
charges 4. A description of the nature and duration of the membership being purchased, including any interest in real property. 5. A statement that the membership camping operator, salesperson, or any other person who is in the business of offering for sale or transfer the rights under existing membership camping contracts for a fee is required by the Virginia Membership Camping Act (§59.1-311 et seq.) to provide each purchaser with a copy of the membership camping operator's disclosure statement prior to execution of such contract and that a failure to do so is a violation of the Act. 6. The following statement "PURCHASER'S
NONWAIVABLE RIGHT TO CANCEL"
shall appear at the beginning of YOU AS THE PURCHASER HAVE A NONWAIVABLE 7-CALENDAR-DAY RIGHT OF CANCELLATION. THIS RIGHT OF CANCELLATION IS FULLY EXPLAINED ON THE COVER SHEET OF THE MEMBERSHIP CAMPING OPERATOR'S DISCLOSURE STATEMENT. YOU ARE URGED TO REVIEW THE DISCLOSURE STATEMENT PRIOR TO THE EXECUTION OF THIS CONTRACT FOR A COMPLETE UNDERSTANDING OF YOUR RIGHT OF CANCELLATION. IN ADDITION, AFTER THE INITIAL 7-CALENDAR-DAY CANCELLATION PERIOD, YOU THE PURCHASER OR YOUR SUCCESSOR IN INTEREST MAY TERMINATE YOUR LIABILITY UNDER THE MEMBERSHIP CAMPING CONTRACT INCLUDING PAYMENT OF ANY MEMBERSHIP FEES, DUES, AND ASSESSMENTS UPON YOUR GIVING PROPER AND EFFECTIVE NOTICE TO THE MEMBERSHIP CAMPING OPERATOR. TO BE EFFECTIVE, THE NOTICE MUST BE IN WRITING AND SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND IT MUST CONTAIN: (1) YOUR TRANSFER OF ANY AND ALL RIGHTS, TITLE, AND INTEREST YOU HAVE IN THE MEMBERSHIP CAMPING CONTRACT AND CAMPGROUND BACK TO THE MEMBERSHIP CAMPING OPERATOR; (2) A RECORDABLE DEED, DULY EXECUTED AND NOTARIZED, AND THE RECORDING FEE, IF YOU RECEIVED A RECORDED DEED FROM THE MEMBERSHIP CAMPING OPERATOR; (3) PAYMENTS OF (i) THE UNPAID BALANCE OF THE PURCHASE PRICE AND ANY ACCRUED UNPAID INTEREST THEREON AND (ii) ALL UNPAID MEMBERSHIP FEES, DUES, AND ASSESSMENTS WITH ACCRUED INTEREST THEREON PERMITTED BY THE MEMBERSHIP CAMPING CONTRACT; AND (4) PAYMENT OF ALL OTHER UNPAID FINANCIAL OBLIGATIONS OWED BY YOU THE PURCHASER PURSUANT TO THE MEMBERSHIP CAMPING CONTRACT. 7. The full name of all salespersons involved in the execution of the membership camping contract. 8. A statement that contains, in 2. That §§3.2-113, 3.2-114, and 3.2-115 of the Code of Virginia are repealed. |