Consumer Litigation

About Our Practice

Consumer Law is a new and rapidly evolving area of practice, particularly in the Commonwealth of Virginia where the General Assembly gave new teeth to the Virginia Consumer Protection Act (VCPA) in 1995. The VCPA, coupled with Virginia's "Lemon Law" and other federal consumer protection statutes provides individuals with private rights of actions for consumer fraud, breached warranties, telephone solicitations, debt collectors, and other issues. The Firm's attorneys are knowledgeable of consumer law and can assist you in fully effectuating your rights under the law. The Firm has expertise in pressing and defending consumer law claims of all kinds. Consumer litigation typically revolves around specific acts, several of which are listed below.

The Virginia Consumer Protection Act

The Virginia Consumer Protection Act (VCPA) generally prohibits "suppliers" from certain unauthorized practices. These practices include misrepresenting that goods have certain qualities or characteristics, are of a particular grade, standard or quality, or generally using misrepresentations in "consumer transactions." Violations of other acts may also be actionable violations of the VCPA. For instance, private persons can bring actions under the VCPA for violations of the Automobile Facilities Repair Act, the Virginia Motor Vehicle Warranty Enforcement Act, and certain other statutes that regulate towing, if the consumer can show that they were damaged as a result of the violation. The advantage of the VCPA is that a consumer may seek minimum statutory damages of $500 or $1,000 or actual damages, and can request an award of attorney's fees. In cases of consumer fraud, the recovery of attorney's fees can be very important because consumer litigation fees can often dwarf the dollar value of the disputed transaction and resulting damage. In addition, the VCPA allows the Courts to award triple damages in situations where the "supplier's" conduct was "willful" or intentional. The Firm has pursued and defended actions involving fraudulent car repairs, fraudulent car sales, and warranty misrepresentations regarding consumer products in both the areas trial and appellate courts. The VCPA also provides civil remedies for illegal towing and other acts. The Lemon Law (Virginia Motor Vehicle Warranty Enforcement Act) In 1991, the General Assembly enacted the Virginia Motor Vehicle Warranty Enforcement Act. This act later became known as the "Lemon Law." Under the Lemon Law there are two classes of problems - (1) serious safety defects and (2) non-serious defects. A car is defined as a "lemon" if it has a serious safety defect that the dealer and/or manufacturer is unable to repair after one attempt, a non-serious defect that the dealer and/or manufacturer is unable to repair after three attempts, or if the vehicle has been in a repair facility for over thirty days over a certain number of months. After providing the manufacturer with notice, a consumer may bring an action for damages and attorney's fees.

The Magnuson Moss Warranty Act (MMWA)

The Magnuson Moss Warranty Act (MMWA) provides a cause of action to a consumer if a warrantor of a consumer good refuses to repair the good under a given warranty. Before the act applies, a warrantor must give a written warranty and/or a service contract (sometimes called an extended warranty) along with the good. Before a consumer can bring an action under the MMWA, the consumer must give the warrantor an opportunity to cure the problem. If the warrantor refuses to cure the problem, the consumer can bring an action for damages, expenses, and attorney's fees.

The Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) prohibits certain practices in the reporting and disclosure of information regarding a consumer's credit. For instance, if someone views your credit report without a FCRA authorized reason (e.g., you gave your permission, attempting to collect an account or judgment, etc.), then you can sue for statutory damages of $500 or $1,000 and your attorney's fees. Additionally, FCRA provides civil remedies in disputes regarding information reported to the credit bureaus.

The Fair Credit Billing Act (FCBA)

The Fair Credit Billing Act (FCBA) provides consumers with specific rights in remedies with respect to credit card billing problems. For instance, the act provides that if a consumer disputes a charge within a certain number of days and in writing, the credit card company must respond to the query in writing and conduct an investigation into the validity of the disputed charge. If the company fails to report back within a certain number of days, they can be prohibited from seeking reimbursement from the consumer for the charge.

The Truth in Lending Act (TILA)

The Truth in Lending Act (TILA) requires certain companies providing financing to provide certain disclosures to all consumers. The Act was designed to simplify financing, encourage full disclosures, and create disincentives for hidden finance charges. The act applies to most credit transaction. Violations of TILA often occur in credit card solicitations, in the purchase of homes, and the purchase of financed large ticket consumer items such as automobiles. If the Act is violated, a consumer can recover certain statutory damages, attorney's fees, and, in some cases, can obtain rescission of the purchase and financing.

The Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act (FDCPA) regulates how debt collectors (groups attempting to collect debts for others), may communicate with debtors. For instance, once a creditor is advised that you are represented by an attorney, they must immediately cease all contact with you. Debtor collectors are also prohibited from making misrepresentations with respect to certain aspects of transactions.

The Virginia Residential Landlord and Tenant Act (VRLTA)

The Virginia Residential Landlord and Tenant Act (VRLTA) provide expanded rights and remedies for consumers. For instance, the VRLTA requires landlords to pay interest on security deposits that are held for more than thirteen months, and it provides specific deadlines for damage inspections and claims. Under the VRLTA, certain successful consumers may recover attorney's fees. However, at this time, the Act only applies to landlords who rent more than ten properties. Therefore, most tenants are typically not protected under VRLTA unless they live in an apartment building or rent from a person whose primary business is rental properties.

Attorneys

Scott A. Surovell
J. Chapman Petersen