A Powerful Tool for Consumers: the Virginia Consumer Protection Act

The Virginia Consumer Protection Act, beginning at Virginia Civil Code § 59.1-196, is a very powerful tool for consumers who have been wronged by a business or company in a “consumer transaction.”

To protect consumers, the statute broadly defines “consumer transaction” to include goods and services (and also “business opportunities”)

Specifically, the VCPA outlines 35 different “prohibited practices” to protect consumers from unscrupulous businesses that engage in misrepresentations, false advertisements or statements, and/or failure to adequately disclose relevant information to the consumer (like conditions or fees) could all be separate violations of the VCPA.  Additional examples of potential VCPA violations can be seen in the Practice Areas section discussing Consumer Protection Law and at the bottom of this post.

Unfortunately, in many instances, consumers with valid claims do not file lawsuits against the company or business that wronged them because the consumer is unaware of the VCPA and the corresponding benefits.

Additionally, consumers may think they are at an insurmountable disadvantage when a conflict arises with a business (regardless of the business’ size), so they do not even bother to seek legal counsel.

Finally, consumers may have the misimpression that legal counsel is financially unavailable to them.  Some consumers do not have the financial resources to retain legal counsel.  Other consumers determine that the costs to retain an attorney do not justify pursuing the claim (the consumer does not want to pay an attorney more than the consumer would recover from the business).

To address these very legitimate concerns from consumers, Steven Krieger Law, PLLC is proud to offer low bono legal counsel to qualifying clients.

Additionally, the VCPA recognizes the financial difficulty that consumers may face and contains an attorney’s fees provision.  Specifically, § 59.1-204(B) clearly states, “[n]otwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person also may be awarded reasonable attorney’s fees and court costs [emphasis added].”

Thus, consumers should make every effort to obtain legal counsel if they have a complaint stemming from a “consumer transaction” against a business because a successful consumer complaint will be awarded damages and may also be awarded reasonable attorney’s fees.

Each case is different and unique, but below are examples of successful VCPA cases where attorney’s fees were awarded.  Additionally, you can see other examples of potential VCPA claims in the Practice Areas section discussing Consumer Protection Law.  Claims of any size can be a violation of the VCPA, so contact Steven Krieger Law, PLLC for a consultation:


In Wilkins v. Peninsula Motor Cars, Inc., the consumer plaintiff purchased a 1998 BMW from defendant dealership.  An employee of defendant represented to plaintiff that the vehicle was new even though the car’s odometer showed 972 miles.  In reality, the vehicle had been previously titled and should have been advertised as a used car.  Plaintiff won and was awarded: $4,000 in actual damages, $100,000 in punitive damages, and $34,183 in attorney’s fees and costs for a total of $138,183.  See Wilkins v. Peninsula Motor Cars, Inc., 587 S.E.2d 581, 266 Va. 558 (Va., 2003)

In Robert M. Seh Co., Inc. v. O’Donnell, the consumer plaintiff contracted with builder defendant to install a Fox swimming pool at plaintiff’s residence for $22,895.00. The consumer plaintiffs argued that the pool was not installed to industry standards and a Vyn-All brand liner was installed instead of a Fox brand liner.  The trial court awarded the consumer plaintiffs damages of $66,507.20, $1,000 in enhanced statutory damages for the willful violation of the Consumer Protection Act, and attorneys’ fees of $31,049.55.  See Robert M. Seh Co., Inc. v. O’Donnell, 675 S.E.2d 202, 277 Va. 599 (Va., 2009) (appeal for retrial was granted due to potential juror bias).

In Oettinger v. Lakeview Motors, Inc., the consumer plaintiff bought a vehicle from defendant dealership with over 75,000 miles of use, but the odometer indicated approximately 40,000 miles. Further, defendant manipulated the mileage number on the title certificate to say “37,252.1” when the actual mile was “72521.”  The Court awarded plaintiff actual damages totaling $1,756.40 and reasonable attorney’s fees that the parties were required to brief.  See Oettinger v. Lakeview Motors, Inc., 675 F.Supp. 1488 (E.D. Va., 1988).

In Abi-Najm v. Concord Condo. LLC, twenty-four consumer plaintiffs purchased condominiums in Arlington, Virginia from the defendant company.  In the purchase agreement, the company stated it would install three-quarter-inch Bruce Oak hardwood flooring, but installed prefabricated engineered hardwood.  The plaintiffs were seeking $50,000 per condominium, $350,000 in punitive damages, prejudgment interest, costs and attorney’s fees.  The defendants attempted to have the suit dismissed, but the Court allowed the suit to continue and was likely settled out of court.  See Abi-Najm v. Concord Condo. LLC, 280 Va. 350, 699 S.E.2d 483 (Va., 2010).

In Commonwealth v. Gavigan, the consumer plaintiff had a contract with defendant builder, Larry Pippen, doing business as “Affordable Home Repairs,” for the construction of a basement apartment for $45,000.  Defendant had a Class C contractor’s license from the Virginia Board for Contractors, but needed a Class B license to perform the work outlined in the contract.  The consumer plaintiff found the workmanship to be unsatisfactory and terminated the contract.  The Virginia Court of Appeals upheld the trial court’s award of $14,000 in actual damages and $5,000 in attorney’s fees. See Commonwealth v. Gavigan, Record No. 0921-10-3 (Va. App., 2011).

In Mya Saray, LLC v. Al–Amir, the consumer plaintiff was a manufacturer and distributor of tobacco products and accessories, including a Middle Eastern-style pipe known as a hookah.  The defendants were inappropriately using plaintiff’s trademarks, which gave consumers the inaccurate impression that plaintiff was responsible for the goods sold by defendants.  The Court awarded Plaintiff $188,418.68 in damages, $3,562.97 in costs, and $248,863.29 in attorney’s fees for violating the VCPA and other statutes.  See Mya Saray, LLC v. Al–Amir, 831 F.Supp.2d 922 (E.D. Va., 2011).

In Rucker v. Sheehy Alexandria Inc., the consumer plaintiff purchased a car from defendant dealership.  On April 3, the parties made an agreement conditional upon obtaining financing from a third-party within five days.  On April 13, defendant obtained financing, but the terms were less favorable to consumer plaintiff because the APR was 2% higher and plaintiff had to double the down payment.  Defendant backdated the agreement to April 3 instead of using the April 13 date when financing was obtaining and used the April 3 date to begin calculating the accrued interest, which resulted in an APR of 0.4% higher than the disclosed figure.  For miscalculating the interest, the Court awarded plaintiff $13,345.82 in damages and $18,871 in attorneys’ fees for violating the Truth in Lending Act, 15 U.S.C. § 1601 and the VCPA.  See Rucker v. Sheehy Alexandria Inc., 244 F.Supp.2d 618 (E.D. Va., 2003); Rucker v. Sheehy Alexandria, Inc., Civil Action No. 02-466-A (E.D.Va. Mar. 18, 2003) (Order); Rucker v. Sheehy Alexandria, Inc., 255 F.Supp.2d 562 (E.D. Va., 2003).

In Nigh v. Koons Buick Pontiac GMC, Inc., the consumer plaintiff financed a vehicle from defendant dealership.  Plaintiff put $4,000 down, traded-in his old vehicle, and was told the dealership would obtain financing.  The defendant dealership could not obtain financing and restructured the deal to require an additional $2,000 and told plaintiff the financing was at a better rate.  Plaintiff tried to walk away and get his old vehicle back, but the dealer falsely told plaintiff it was already sold.  Dealer still could not obtain financing and told plaintiff to return to the dealership or they would report the vehicle stolen.  Ultimately, dealer obtained financing, but the trade-in vehicle was repossessed because plaintiff was told dealer had taken possession of it and stopped making payment.  Finally, plaintiff learned that one reason dealer could not obtain financing was because the paperwork included an unaccounted for charge, which turned out to be a silencer car alarm, that plaintiff did not recall seeing on the transaction documents, did not request, and did not agree to pay for.  The Court awarded consumer plaintiff $24,192.80 under the Truth in Lending Act, $4,000.00 under the VCPA, and $58,771.24 in attorney’s fees and costs.  See Nigh v. Koons Buick Pontiac GMC, Inc., 319 F. 3d 119 (4th Cir. 2003); Nigh v. Koons Buick Pontiac GMC, Inc., 384 F.Supp.2d 915 (E.D. Va., 2005).

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45 Responses
  1. I purchased a used car. The next day the engine light came on. I took the car in and it needs several thousand dollars worth of work. There are several things wrong. Is there anything I can do?

  2. Hello,
    I need to know if I have a claim for a poorly managed facility which is abusing their customers. This is a facility with 3 indoor soccer fields. To play in this place teams have to pay a fee, as a team. However, they are now asking for a membership fee for each individual player. So I ask, what do I get for my membership, and there are is nothing in return for paying a membership, since one as part of a team still need to pay the team fee in order to use the facility and play in the tournament. This “membership” doesn’t even give you access to the facility because member or not, anyone can access the facility. To play, you have to pay the team fee. A lot of people are upset about this. Is there a law that protects us customers?

  3. Garage damaged my car and claimed it came in like that. They are making me pay to fix it. I asked them to test drive it. The car is still damaged. They are insisting I pay more. Should I even accept delivery or refuse to pick it up ? Please let
    Me know ASAP.

  4. Mr. Krieger – I purchased a used vehicle on Ebay in January of 2017 from Sky Motorworks, a car dealer located in Sarasota, Florida. The seller coordinated delivery to Virginia where I resided and reside. It was advertised as “definitely a non smoker’s car” but arrived with numerous damage areas in the interior that are obviously the result of cigarette smoking use (driver’s side burn holes in carpet, liner and door panels). I notified the seller promptly and demanded he take back the car. He refused. I then reported the matter to the State of Florida DMV who conducted what appeared to be a cursory investigation and refused to prosecute. I have high quality records including many photos and the original Ebay listing description. I’m looking for the following relief: Sue for false and deceptive advertising under the VCPA for damages of lost value due to it being a smoker’s car plus attorney’s fees. Let me know if you’re interested in learning more. Thank you.

    1. @Karrie — Yes, I think you have a valid claim if advertised as smoke-free and the vehicle was not smoke free. You’ll likely need an expert to testify about the smoke/cigarettes in the vehicle, but its doable. Please contact my office next week.

  5. Hi, wondering if you can help me- my husband and I bought a puppy from a breeder in Lovettsville who we love deeply but who is very sick, he has severe dysplasia, a genetic disease, on all four limbs and needs surgery on all four (including complete hip replacement on both hips), the medical fees are astronomical, in excess of $25k. I have contacted the breeder for help feeling that the only ethical and moral thing to do is to refund us the money we paid for him but she does not respond, is there anything I can do? Thanks

    1. @Dora — It really depends if the sickness is due to something wrong with the breeder or bad luck and you’d need a vet to testify as an expert after a thorough review of the breeders practices. Feel free to call my office if you’d like.

  6. I need help with a debt that I do not owe. I have proof that I don’t owe it but the debt collector won’t remove it from my credit report. I did 2 dusputes with Equifax and they said it was accurate, despite my proof.

  7. I have gotten myself on the edge of bankruptcy by choosing a Realestate Manager who is working with handymen, a few contractors and an Attorney in Newport News who have perfected a con to extort money from people, like myself, don’t normally have trust issues with professionals. I lost my mother in 2014 and as Executator of two Estates and dealing with the effects of Lyme Disease, I needed help so I hired a Realtor Manager to take over my two rental properties.
    He promised to completely take over all management responsibilities, to include electing My then tenant and repair Townhouse for fast turnover. I questioned he at length if his contractors could start and complete work in a professional and prompt manner and assured his men would place his needs above other companies because he provided them consistent work. When I was in his office, there were two secretaries and I assumed he had multiple properties.
    After existing tenant was evicted, all activity ceased. When I asked Property Manager if he was getting any bids in for much needed repairs, he committed he would have everything lined up by the following week. Three weeks passes, no contact. To help nudge him along I made a list of all repairs hoping to give him the hint to begin repairs. No response he had anyone ready to start so, I hired a contractor. I notified, out of courtesy to Mr. Yeatts, I had a crew and his men would not be needed. The very next day he starts sending his workers and I was having to explain we completed all hiring.
    The following day I realized he was a one man show
    And now the games begin. He showed up at the work site and said the roofer submitted a bill for $600. I said where was it, oh, he didn’t bring it. I asked what the change was for, he said plywood or something. I told him to look at the roof to see if he spotted shingles replaced or any shingle debris on the ground. I then introduced my roofer who takes pictures and confirmed to David and myself that there was no roof leak, it was leaking at the dormer. There was a young man walking around and I asked if he was looking for someone. He said his boss told him to show up and hang out for a while. His boss was the same plumber who was going to submit another bill. I told David his Plummer was no longer allowed on my properties.
    Next dat his handyman tried to submit a bill for work that I had completed myself. He put 2friends of his in my houses. Tenant #1 just lost his house and he and his snakes made the house unlivable. I am really not sure they could have not lived there, just the snakes. Drilled holes through the exterior brick to run another meter. My ceilings were covered with snake feces and urine producing mold spores. I will save Tenant in other house and whatever she caused me to lose, if you’re interested.

  8. Good Evening,

    I am in hopes that you will be able to provide some direction. We purchased a used truck in Sept. 2017, as well as an extended warranty. The truck began leaking in February and has been sitting in the shop since then. All local dealerships are unable to obtain this part, and Ford is not providing a release date on when they will be making it and/or opening it for an order. Unfortunately, this is my husband’s work vehicle, so this is more than a hindrance.

    Do you have any guidance that could be provided to us? Are there any statutes in which they have a deadline in which they are to complete the work?

    Thank you.

  9. I went to a Dealer ship in Manassas VA a month ago i saw a Truck I liked it but i wasn’t sure if i could afford it the salesperson said that i could leave a deposit of $ 200.00 and he would hold it for 1 week but to keep him posted i called him in the middle of the week and explain to him that i had apply for c.c but we wouldn’t have it until the next week at the end i decided not to buy the car and went to pick up my 200.00 but the salesperson was very upset and deny to give me back my money said that he had a policy of no refund which never was explain to me and and had no signs on the establishment. I didn’t sign a sales of bill or any contract what are my chances i have called him many time and even went to the place again and he just wont give my money back sorry to bother

    1. @Saira — You could sue the dealership in small claims court to recover the $200. It’ll basically be your word against theirs, so even though there wasn’t any written contract, hopefully you have something (or someone) to show the court you made this refundable deposit.

  10. In the middle of remodeling. We purchased a jetted tub from a plumbing supplier, the tub arrived damaged either from the manufacturer or the plumbing suppliers delivery. Upon inspection finding the damage before removing from the box we immediately contacted the supplier. The supplier had us open the box and take pictures. The tub is damaged in multiple places including the tub supporting base which is cracked extensively. We are asking to return said tub for either a replacement or refund which is being denied, only repair has been offered. The tub supporting base appears to be defective as well. The tub was not installed or moved after delivery. The tub cost $2000 and ordered new. While the tub is standard in the catalog all jetted tubs from this manufacturer are made when ordered.
    Any advice on how to proceed? Do we have a “right” not to accept this product?

    Thank you

    1. @Michael – I do think you have a right to refuse this tub. I don’t think the contract or agreement said that you’re buying a broken tub, so their offer to repair a tub that you’ve never used is insufficient in my mind. Feel free to contact my office if you need help dealing with the supplier.

  11. I curious does this law help with Automotive and Commercial Vehicle repair failure. The business I am dealing with is not communicating and Failed numerous times on delivering the Repair in question. It is now Exceeding industry standards that is cause HUGE financial losses for us. Please advise

  12. I’ve been separated for more than 2 years, still married to a man that refuses to agree to a divorce. I had not previously filed due to cost. I learned two weeks ago that the estranged husband cashed a $2850 fraudulent check using what had been our joint checking account at Capital One.

    I bank at Capital One using individual accounts. Capital One locked my individual account and my minor child’s checking and savings accounts, in excess of the amount the estranged husband owes and refused me access to my money until he settles his debt.

    What are my options?

    1. @Roberta — This is a bit complicated because it could involve marital property as well as some other improper behavior. You should call my office or speak with an attorney in more depth.

      1. Thank you! I spoke with an attorney. I also had an unfortunate exchange with the assigned banking professional acting as a fraud investigator which resulted in the bank apologizing for his overzealous behavior and a possible policy change. Got my funds released and a gift card from the bank.

        Saving money for the divorce filing now.

  13. About 36 days ago I purchased a new camper. I was told the financing was approved and I took possession. I have been told over and over that everything is ok with financing over the last month but have not received anything in the mail on my first payment. I called the dealer to check and was told that financing was not set yet but not to worry. What are my options if they call and want the camper back? Is this a Truth in Lending Act violation? Thanks.

  14. I’ll try to keep this concise:

    8 March – I buy a used vehicle from a local dealership.

    Have returned the vehicle 7 times for the same repair (defective airbag system)

    Dealership provided loaners until I refused to to accept the vehicle with a defective airbag system.

    I’ve made monthly payments on defective vehicle, even though I’ve not had access to it.

    Dealership is stating I have 4 options:
    1. Take defective car – and they will provide extended “Platinum” level warranty for 1 year. (I refuse to put my family in a demonstrated unsafe vehicle)
    2. Write a check for negative equity on my trade and they will accept return of used vehicle purchase (possibly requiring me to be out of the $850.00 Virginia Sales and Use Tax I paid in the purchase
    3. They will find a suitable replacement (which they have not been able to do in more than a month)
    4. I obtain financing and purchase my trade back from dealership (they are having difficulty locating the title)

    I am almost 90 days into the purchase of a vehicle where I have only had actual use of it for 16 days – the dealership has had the vehicle in its possession for 70 plus days)

    A recall and “Stop Sale” was issued against the vehicle which wasnt disclosed at the time of sale and was not present on the CARFAX disclosure. GM of dealership (owners daughter) informed me via telephone the reason the recall did not appear on the CARFAX was because they addressed the recall when they obtained the vehicle and thus it had been fixed – (RED FLAG, any maintenance on a vehicle has to be reported via the vehicles VIN into the NTHSB data base).

    Sorry this is so long – I just have no clue if I have any recourse with this dealership. Im getting ready to write a check to make the whole situation be done. This ordeal has caused a great amount of grief, stress, turmoil and inconvenience. Nearly 90 days of not being able to use a vehicle you are paying for is ridiculous.

    1. @Scott — If writing the check will bring you closure and you’re OK with that, then there is certainly value in being done. It does seem like you have a valid lemon law claim, so I’m not sure why you have to write any check (shouldn’t you get a refund for the payments you made while the vehicle was sitting a the dealer?), but you may not want this to drag out any longer. If you’d like us to retain you to handle the negotiations, we’re happy to do that.

      1. I agree refunds for payments should provided by dealer, however they disagree.

        If I close this out and go elsewhere for my transportation needs, will I still have a course of action against the dealership?

      2. I want to purchase a used vehicle. The dealership refuses to negotiate the window price. The document preparation a almost a Thousand. I think they are charging over the state allow amount. Is this correct

  15. Hello, we are seeking legal council to to assist us in canceling our Golds Gym membership in Sterling Virgina.

    The gym had a fire, the facility is unusable and we keep being billed.

    Fortunately, we found the Virginia Consumer Protection Act of 1977.

    After looking into the law regarding shady fitness facilities and health clubs, we are being ignored by this place and forced to file a complaint with the state. Fortunately, we found that there is a consumer protection law that they are breaking, so this should be straight forward:

    § 59.1-297. Right of cancellation.
    A. Every health club contract for the sale of health club services may be cancelled under the following circumstances:

    1. A buyer may cancel the contract without penalty within three business days of its making and, upon notice to the health club of the buyer’s intent to cancel, shall be entitled to receive a refund of all moneys paid under the contract.

    2. A buyer may cancel the contract if the facility relocates or goes out of business and the health club fails to provide comparable alternate facilities within five driving miles of the location designated in the health club contract. Upon receipt of notice of the buyer’s intent to cancel, the health club shall refund to the buyer funds paid or accepted in payment of the contract in an amount computed as prescribed in § 59.1-297.1.

    All attempts to cancel including dealing with Taft Services the debt collection company that services your Gold Gym contract have been met with refusal. Both my wife an I have called over 5 times and we have been billed for services twice after providing cancellation notice.

    We understand that the law allows for collection of reasonable attorney fees from reading your website. Is this the type of case you would take? Would you assist us in suing Gold’s Gym for their clear violation of this law designed to protect consumers from such practices employed by both Golds Gym and Taft Services?

    1. @Jeremey — It sounds like you have a claim under the VA Health Club Act, but that’s not the same as the VCPA and I don’t think you can get attorney’s fees for a violation under the VA Health Club Act, but here’s the link: http://law.lis.virginia.gov/vacode/title59.1/chapter24/

      I don’t know how much money is at stake here, but if you want to retain my firm to send a letter to Gold’s, we’re happy to help.

  16. Have you dealt with complaints against HughesNet? Here is my situation (I apologize for the length):

    Last summer I started an online master’s program, so I had to get internet for my home as all of the classes, assignments, etc. are done online. The ONLY company in the entire area that would provide internet was HughesNet. I started receiving services, satellite internet, through them in May 2016 and agreed to a (verbal) contract of two years. I paid all of my bills on time, despite the fact that the services were extremely slow and, at times, didn’t work at all. On April 14, 2017 my family and I moved to a new home so we contacted HughesNet and DirecTV and asked them to come set up our services at our new residence. DirecTV informed us they could not get a satellite signal and therefore would be unable to provide services. I called the Hughes Net technician to let him know this and he said they would need to come out and look for themselves. The technician came and was not able to get a satellite signal. He informed me that HughesNet would email me and the contract would be canceled as they were unable to provide services. I never received any communications from HughesNet, so I called their customer service number to make sure the contract was cancelled and to see where I needed to mail their equipment (which we rented) back to them (this phone call took place on April 17th). The customer service representative proceeded to inform me that I would need to pay them $260 as there was still 13 months left on my “contract.” I asked him why I would be paying for services that they can’t provide, and he proceeded to tell me “It is not our fault you moved.” HughesNet repeatedly stated that this is a common business practice, however, DirecTV was happy to cancel our contract as they told us that we should not have to pay for services they cannot provide and they do not expect their customers to base where they move on the availability of their satellite. At one point HughesNet told me they could suspend my services for 6 months, but by the end of the conversation they were telling me that I had to resolve this matter immediately. I asked them to please speak to my husband (whose name is clearly listed on the account, when I log in to my online account it actually has his name and not mine) and they told me that I would have to give 24 hour permission to talk to him about the account. I granted permission, but when my husband called they told him that they would not speak to him as this was a “major account change.”

    HughesNet never provided me with an address to ship their equipment back, continued telling me that there was nothing I could do, and stated I should have either moved to a location where their services were available, move back to my previous residence, or I should have checked to see if their services would be available before moving to the new location. I do not think I should have to pay for services that they cannot provide. There was no way for me to know that they would not be able to set up their satellite when I purchased my new home. The customer service representative went on to ask me why I had to move, which is really none of their business. We moved because we have a three year old son and needed a bigger house, closer to Virginia Tech campus (where my husband and I both work), and had a great opportunity to move to a much bigger, newer, and nicer home. I did everything right and made sure to inform them I was moving, with every intention of staying with them (despite their awful service) through the end of my contract. It is ridiculous of them to expect customers not to move because they have a contract with HughesNet, or to expect their customers to make sure a location has a satellite signal with Hughes Net prior to moving.

    My husband and I called HughesNet again on April 21st (we put them on speaker phone so we could BOTH talk to them). We simply asked to cancel the account as I wanted to ensure I would not continue being charged the $85.63 per month. We were put on hold for over 30 minutes only to be told that they were unable to “communicate” with the appropriate department and therefore would not be able to cancel my account. We asked to be directly transferred to the department and they told us they were not allowed to do that. We then asked to speak to a supervisor and put back on hold for another 10 minutes or so. They finally told us that a supervisor would contact us in the next couple hours. We never heard back from them.

    Finally, I called HughesNet again on May 3rd. They continued to tell me that I would need to pay $260 to cancel the contract, but that they may be able to give me a “break” by applying a credit for the last payment I made ($85.63) to reduce the fee, and said the new amount would be about $130 (this math does not add up). I asked to speak to a supervisor who came on the line and basically repeated the exact same thing the

  17. I purchased a used car from a dealer in Richmond. Their website clearly indicated that the used vehicle included a particular $2500 option. After taking delivery and examining the vehicle more closely at home, I discovered that the vehicle does not have the aforesaid option.
    Do I have any recourse? I have a pdf copy of the now deleted webpage.

    1. @Mike — It sounds like this could be a misrepresentation under the VCPA. Feel free to contact my office and we’ll see what we can do to help.

  18. Steve, I am an attorney in Henrico (age 73) but am in the process of closing my office. Former client bought a NEW house from a builder. The roof is demonstrably below standard. The new home warranty contract company denied coverage. Builder refusing to respond responsibly. Can sue for breach of contract but might this also fall under the CPAct? Thank you.
    Tom Blue. 804.874.2674

    1. @Tom — Congrats on retiring (I presume)! Yes, there could be a VCPA violation in addition to the breach of contract claim. You’ll have to show that the contractor misrepresented the standard or quality or some other trait related to the roof instead of just a breach of contract. Feel free to give me a call if you’d like to discuss.

  19. I went in a dealership in VA. An left with a car that they said u was approved for on Dec.15th they came an took my other car as a trade in but was not running ( transmission or ?) They finally picked up the car around Jan.15th an as of today Feb.18th 2017 i got a call asking me to return the new/used. Car that could not get me financed. So I checked to see if my car as a trade in had been paid off an it has been. What do u do ? Do i have to bring the car back ?

  20. Anybody heard of UseNext? I signed up for a free trial and instantly tried to cancel thru their website. Could not do so. So I tried calling only to get a busy signal of some sort. They tried charging me for free trial as soon as I signed up. My bank blocked the transaction and called m about it. Since then the company has sent me one letter and then sent me to collections right after. I did not receive any equipment or even used the service. I should not be charged for this right?

    1. @Danny — I haven’t heard of them, but if it was a free trial, it doesn’t sound like you should have to pay as long as you canceled in time (though, not sure how you do cancel if the website and phone are not working — maybe a regular letter).

      1. I did not cancel the free trial in time because I could not. The company is located in Germany. I did get a chance to cancel my account that they say won’t end until March 9th 2017. Now where they get that date from idk. I signed up August 19th 2016. They say the contracts run for a year. I got an email from collection agency also located in Germany on December 27th 2016. And gave me until January 17th 2017 to pay. Now I notice in the letter they did not give me 30 days to dispute the debt. I told the agency that i was in dispute with UseNext on January 12th and I have not heard anything from then since.

    2. I have, I believe they are based out of Germany? They will make it all but impossible to Cancel, and will keep attempting to Bill you no matter what. Send them a Cease and Desist Letter via email, explain the Cancellation process makes it impossible to reasonably cancel the service. You will need to actively block their payment at the Bank. It was the ONLY way I could get them to leave me alone. Good Luck!

    1. @Tom This sounds like it could be a class-action claim, but I do not handle class-action cases. If you email my office, we’re happy to give you a referral or two.

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About the Author

Steven Krieger and guests (lawyers and non-lawyers) will periodically post about topics relevant to his firm and practice areas. Your comments and feedback are always welcome. 

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