56-593 - Retail customers' private right of action; marketing practices.
§ 56-593. Retail customers' private right of action; marketing practices.
A. No entity subject to this chapter shall use any deception, fraud, falsepretense, misrepresentation, or any deceptive or unfair practices inproviding, distributing or marketing electric service.
B. 1. Any person who suffers loss (i) as the result of marketing practices,including telemarketing practices, engaged in by any public service company,licensed supplier, aggregator or any other provider of any service madecompetitive under this chapter, and in violation of subsection C of § 56-592,including any rule or regulation adopted by the Commission pursuant thereto,or (ii) as the result of any violation of subsection A, shall be entitled toinitiate an action to recover actual damages, or $500, whichever is greater.If the trier of fact finds that the violation was willful, it may increasedamages to an amount not exceeding three times the actual damages sustained,or $1,000, whichever is greater.
2. Upon referral from the Commission, the Attorney General, the attorney forthe Commonwealth, or the attorney for any city, county, or town may cause anaction to be brought in the appropriate circuit court for relief ofviolations within the scope of (i) subsection C of § 56-592, including anyrule or regulation adopted by the Commission pursuant thereto or (ii)subsection A.
C. Notwithstanding any other provision of law to the contrary, in addition toany damages awarded, such person, or any governmental agency initiating suchaction, also may be awarded reasonable attorney's fees and court costs.
D. Any action pursuant to this section shall be commenced within two yearsafter its accrual. The cause of action shall accrue as provided in §8.01-230. However, if the Commission initiates proceedings, or any othergovernmental agency files suit for the purpose of enforcing subsection A ofthis section or the provisions of subsection C of § 56-592, the time duringwhich such proceeding or governmental suit and all appeals therefrom ispending shall not be counted as any part of the period within which an actionunder this section shall be brought.
E. The circuit court may make such additional orders or decrees as may benecessary to restore to any identifiable person any money or property, real,personal, or mixed, tangible or intangible, which may have been acquired fromsuch person by means of any act or practice violative of subsection A of thissection or subsection C of § 56-592, provided, that such person shall beidentified by order of the court within 180 days from the date of any orderpermanently enjoining the unlawful act or practice.
F. In any case arising under this section, no liability shall be imposed uponany licensed supplier, aggregator or any other provider of any service madecompetitive under this chapter, who shows by a preponderance of the evidencethat (i) the act or practice alleged to be in violation of subsection A ofthis section or subsection C of § 56-592 was an act or practice over whichthe same had no control or (ii) the alleged violation resulted from a bonafide error notwithstanding the maintenance of procedures reasonably adoptedto avoid a violation. However, nothing in this section shall prevent thecourt from ordering restitution and payment of reasonable attorney's fees andcourt costs pursuant to subsection C to individuals aggrieved as a result ofan unintentional violation of subsection A of this section or subsection C of§ 56-592.
(1999, c. 411; 2000, c. 991.)