Va. Code » Title 59.1. Trade and Commerce » Chapter 17. Virginia Consumer Protection Act
Virginia Code

Va. Code Ann. § 59.1-206 (2026)

Civil penalties; attorney fees

✓ current as of May 2026
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A. In any action brought under this chapter, if the court finds that a person has willfully engaged in an act or practice in violation of § 59.1-200 or 59.1-200.1, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $2,500 per violation. If the court finds that a person has willfully committed a second or subsequent violation of subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation.

B. For purposes of this section, prima facie evidence of a willful violation may be shown when the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town notifies the alleged violator by certified mail that an act or practice is a violation of § 59.1-200 or 59.1-200.1, and the alleged violator, after receipt of said notice, continues to engage in the act or practice.

C. Any person who willfully violates the terms of an assurance of voluntary compliance or an injunction issued under § 59.1-203 shall forfeit and pay to the Literary Fund a civil penalty of not more than $5,000 per violation. For purposes of this section, the circuit court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may petition for recovery of civil penalties.

D. In any action pursuant to subsection A, B, or C and in addition to any other amount awarded, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover any applicable civil penalty or penalties, costs, reasonable expenses incurred by the state or local agency in investigating and preparing the case not to exceed $1,000 per violation, and attorney's fees. Such civil penalty or penalties, costs, reasonable expenses, and attorney's fees shall be paid into the general fund of the Commonwealth or of the county, city, or town which such attorney represented.

E. Nothing in this section shall be construed as limiting the power of the court to punish as contempt the violation of any order issued by the court, or as limiting the power of the court to enter other orders under § 59.1-203 or 59.1-205.

F. The right of trial by jury as provided by law shall be preserved in actions brought under this section.

1977, c. 635; 1980, c. 171; 1982, c. 13; 1991, c. 156; 1995, c. 703; 2008, c. 485; 2023, cc. 744, 794.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1988–2024 · leading case: Small v. Commonwealth, 398 S.E.2d 98 (Va. Ct. App. 1990).
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Small v. Commonwealth, 398 S.E.2d 98 (Va. Ct. App. 1990). · cites it 4× “These penalties were imposed on August 26, 1986; therefore, they were not imposed pursuant to Code § 59.1-206 which was not applicable until July 1, 1987, when Code § 59.”
Robert M. Seh Co., Inc. v. O'Donnell, 675 S.E.2d 202 (Va. 2009). · cites it 2× “NOTES [1] The trial court reduced the damage award for violation of the Consumer Protection Act from $1500 to $1000 on the agreement of the parties based on the correct application of the statutory enhancement provision of the Act, Code § 59.1-206. [2] The O'Donnells argue that…”
Small v. Com., 398 S.E.2d 98 (Va. Ct. App. 1991). · cites it 4× “As the majority notes, Code § 59.1-206, which provides for specific monetary civil penalties, was not applicable to Small's conduct when this case arose in the trial court.”
In Re Fravel, 143 B.R. 1001 (Bankr. E.D. Va. 1992). “Further, § 59.1-206 provides that “if the court finds that a person has willfully engaged in an act or practice in violation of § 59.”
Commonwealth ex rel. Gilmore v. Smoky Mountain Secrets, Inc., 41 Va. Cir. 564 (Richmond County Cir. Ct. 1997). “For these under § 59.1-206, a civil penalty of up to $4,000.”
Bell v. Commonwealth, 374 S.E.2d 13 (Va. 1988). · cites it 2× “2-239 and § 59.1-206 are inconsistent” and asks us to reverse “the portion of the judgment entered .”
N. Virginia Hemp & Agric., LLC v. Commonwealth of Virginia (E.D. Va. 2023). · cites it 3× “Va. Code § 59.1-206. 4116(C) (the “Sales Restriction”).”
Consum. Fin. Prot. Bureau v. Nexus Servs., Inc. (W.D. Va. 2024). · cites it 2× “Va. Code Ann. § 59.1-206 (A). Plaintiffs represent that defendants had approximately 2,840 consumers in Virginia and request a $7,100,000 civil penalty to be entered jointly and severally against Corporate Defendants.”
Consum. Fin. Prot. Bureau v. Nexus Servs., Inc. (W.D. Va. 2024). · cites it 2× “Va. Code Ann. § 59.1-206 (A). Plaintiffs represent that defendants had approximately 2,840 consumers in Virginia and request a $7,100,000 civil penalty to be entered jointly and severally against Corporate Defendants.”
Richardson v. Fleetwood Homes, Inc., 37 Va. Cir. 215 (Rockingham Cir. Ct. 1995). · cites it 2× “00, whichever is greater. I believe the General Assembly intended to create a new right with the amendment rather than to limit an existing one.”
Commonwealth v. Car Pawn of Virginia, Inc., 37 Va. Cir. 412 (Richmond County Cir. Ct. 1995). · cites it 2× “Va. Code Ann. § 59.1-206 authorizes the assessment of penalties in amounts up to $1,000 for each separate and willful violation of the VCPA.”
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