A. Notwithstanding any other provisions of law to the contrary, the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth, or of the county, city, or town to enjoin any violation of § 59.1-200 or 59.1-200.1. The circuit court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law. In any action under this section, it shall not be necessary that damages be proved.
B. Unless the Attorney General, any attorney for the Commonwealth, or the attorney for any county, city, or town determines that a person subject to the provisions of this chapter intends to depart from this Commonwealth or to remove his property herefrom, or to conceal himself or his property herein, or on a reasonable determination that irreparable harm may occur if immediate action is not taken, he shall, before initiating any legal proceedings as provided in this section, give notice in writing that such proceedings are contemplated, and allow such person a reasonable opportunity to appear before said attorney and show that a violation did not occur or execute an assurance of voluntary compliance, as provided in § 59.1-202.
C. The circuit courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of § 59.1-200 or 59.1-200.1.
D. The Commissioner of the Department of Agriculture and Consumer Services, or his duly authorized representative, shall have the power to inquire into possible violations of subdivisions A 18, 28, 29, 31, 39, 41, as it relates to motor fuels, 69, 70, 71, 72, 73, and 74 of § 59.1-200 and § 59.1-335.12, and, if necessary, to request, but not to require, an appropriate legal official to bring an action to enjoin such violation.
E. The Board of Directors of the Virginia Cannabis Control Authority, or its duly authorized representative, shall, upon the referral or request of the Attorney General or the Department of Agriculture and Consumer Services, have the power to inquire into possible violations of subdivisions A 69, 70, 71, 72, 73, and 74 of § 59.1-200 and, if necessary, to request, but not require, an appropriate legal official to bring an action to enjoin such violation.
1977, c. 635; 1982, c. 13; 1988, c. 485; 2008, c. 485; 2012, cc. 803, 835; 2023, cc. 744, 794.
Notes of Decisions
Cooper v. Gggr Investments, LLC, 334 B.R. 179 (Bankr. E.D. Va. 2005).
· cites it 3× “Va.Code § 59.1-203(A) provides that: Notwithstanding any other provisions of law to the contrary, the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit court in the name…”
Synergistic Int'l, LLC v. Korman, 402 F. Supp. 2d 651 (E.D. Va. 2005).
· cites it 2× “…Pretrial Conference, Doc. 31, atp. 19. 6 . The VCPA also authorizes injunctive relief for violations of the Act. See Va.Code Ann. § 59.1-203(c).”
Vitullo v. Mancini, 684 F. Supp. 2d 760 (E.D. Va. 2010).
· cites it 2× “1-204 and government officials may sue for injunctions under § 59.1-203,” that “[i]t is apparent from this statutory structure that damage suits under § 59.”
Physicians Comm. for Responsible Med. v. Gen. Mills, Inc., 283 F. App'x 139 (4th Cir. 2008).
“Va.Code Ann. § 59.1-203(B). And no mention of any private cause of action is present in subsection (D), which follows subsection (C) and again relates to when an officer of the Commonwealth may request that another public official bring a suit authorized by subsection (A) to…”
NC Fin. Solutions v. Commonwealth (Va. 2021).
· cites it 12× “Additionally, the circuit court determined that Code §§ 59.1-203 and 59.1-205 authorize the 3 Commonwealth to seek restitution for individual consumers in VCPA enforcement actions.”
Commonwealth ex rel. Gilmore v. Smoky Mountain Secrets, Inc., 41 Va. Cir. 564 (Richmond County Cir. Ct. 1997).
“The amounts the Commonwealth may collect on its judgment are to be held in a charitable trust administered by the office of the Attorney General to be donated to bona fide charitable programs selected by the Attorney General. Further, the court will issue an injunction to enjoin…”
Consum. Fin. Prot. Bureau v. Nexus Servs., Inc. (W.D. Va. 2024).
· cites it 2× “Va. Code Ann. § 59.1-203 (C). The Massachusetts Consumer Protection Act authorizes injunctive relief when the “attorney general has reason to believe that any person is using or is about to use any method, act, or practice declared by [the Consumer Protection Act] to be…”
Consum. Fin. Prot. Bureau v. Nexus Servs., Inc. (W.D. Va. 2024).
· cites it 2× “Va. Code Ann. § 59.1-203 (C). The Massachusetts Consumer Protection Act authorizes injunctive relief when the “attorney general has reason to believe that any person is using or is about to use any method, act, or practice declared by [the Consumer Protection Act] to be…”
Commonwealth v. Supportkids, Inc., 77 Va. Cir. 155 (Richmond County Cir. Ct. 2008).
· cites it 3× “Lastly, defendant contends that plaintiffs lack standing under Texas law because the Texas statutes they rely on cannot be applied extra-territorially.”
— Va. Code Ann. § 59.1-203(A) — 3 cases
Cooper v. Gggr Investments, LLC, 334 B.R. 179 (Bankr. E.D. Va. 2005).
“Va.Code § 59.1-203(A) provides that: Notwithstanding any other provisions of law to the contrary, the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit court in the name…”
Commonwealth ex rel. Gilmore v. Smoky Mountain Secrets, Inc., 41 Va. Cir. 564 (Richmond County Cir. Ct. 1997).
“The amounts the Commonwealth may collect on its judgment are to be held in a charitable trust administered by the office of the Attorney General to be donated to bona fide charitable programs selected by the Attorney General. Further, the court will issue an injunction to enjoin…”
NC Fin. Solutions v. Commonwealth (Va. 2021).
“Additionally, the circuit court determined that Code §§ 59.1-203 and 59.1-205 authorize the 3 Commonwealth to seek restitution for individual consumers in VCPA enforcement actions.”
— Va. Code Ann. § 59.1-203(B) — 2 cases
Physicians Comm. for Responsible Med. v. Gen. Mills, Inc., 283 F. App'x 139 (4th Cir. 2008).
“Va.Code Ann. § 59.1-203(B). And no mention of any private cause of action is present in subsection (D), which follows subsection (C) and again relates to when an officer of the Commonwealth may request that another public official bring a suit authorized by subsection (A) to…”
Commonwealth v. Supportkids, Inc., 77 Va. Cir. 155 (Richmond County Cir. Ct. 2008).
“Lastly, defendant contends that plaintiffs lack standing under Texas law because the Texas statutes they rely on cannot be applied extra-territorially.”
— Va. Code Ann. § 59.1-203(C) — 1 case
NC Fin. Solutions v. Commonwealth (Va. 2021).
“Additionally, the circuit court determined that Code §§ 59.1-203 and 59.1-205 authorize the 3 Commonwealth to seek restitution for individual consumers in VCPA enforcement actions.”
— Va. Code Ann. § 59.1-203(c) — 1 case
Synergistic Int'l, LLC v. Korman, 402 F. Supp. 2d 651 (E.D. Va. 2005).
“…Pretrial Conference, Doc. 31, atp. 19. 6 . The VCPA also authorizes injunctive relief for violations of the Act. See Va.Code Ann. § 59.1-203(c).”
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