59.1-204 - Individual action for damages or penalty.
§ 59.1-204. Individual action for damages or penalty.
A. Any person who suffers loss as the result of a violation of this chaptershall be entitled to initiate an action to recover actual damages, or $500,whichever is greater. If the trier of fact finds that the violation waswillful, it may increase damages to an amount not exceeding three times theactual damages sustained, or $1,000, whichever is greater. Any person whoaccepts a cure offer under this chapter may not initiate or maintain anyother or additional action based on any cause of action arising under anyother statute or common law theory if such other action is substantiallybased on the same allegations of fact on which the action initiated underthis chapter is based.
B. Notwithstanding any other provision of law to the contrary, in addition toany damages awarded, such person also may be awarded reasonable attorneys'fees and court costs.
C. No cure offer shall be admissible in any proceeding initiated under thissection, unless the cure offer is delivered by a supplier to the personclaiming loss or to any attorney representing such person, prior to thefiling of the supplier's initial responsive pleading in such proceeding. Ifthe cure offer is timely delivered by the supplier, then the supplier mayintroduce the cure offer into evidence at trial. The supplier shall not beliable for such person's attorneys' fees and court costs incurred followingdelivery of the cure offer unless the actual damages found to have beensustained and awarded, without consideration of attorneys' fees and courtcosts, exceed the value of the cure offer.
D. In any action which the parties desire to settle all matters in dispute,the question of whether the plaintiff shall be awarded reasonable attorneys'fees and court costs in accordance with subsections B and C may be tenderedto the court for consideration of the amount of such an award, if any.
(1977, c. 635; 1995, cc. 703, 726; 2004, cc. 41, 90; 2005, c. 250; 2006, c.453.)