CODE OF VIRGINIA

DIVISION OF CONSUMER COUNSEL CREATED; DUTIES (§ 2.2-517)

A. There is created in the Department of Law a Division of Consumer Counsel (the
Division) that shall represent the interests of the people as consumers.

B. The duties of the Division shall be to:

   1.  Appear before governmental commissions, agencies and departments,
   including the State Corporation Commission, to represent and be heard on
   behalf of consumers’ interests, and investigate such matters relating to
   such appearance.

   2.  Make such studies related to enforcing consumer laws of the Commonwealth
   as deemed necessary to protect the interests of the consumer and recommend to
   the Governor and General Assembly the enactment of such legislation deemed
   necessary to promote and protect the interests of the people as consumers.

C. In addition, the Division shall:

   1.  Establish mechanisms by which to receive complaints and related inquiries
   from the Commonwealth’s consumers involving violations or alleged
   violations of any law designed to protect the integrity of consumer
   transactions in the Commonwealth. Such mechanisms shall include establishing a
   statewide, toll-free telephone hotline to be administered by the Division;
   publicizing the existence of such hotline through public service announcements
   on television and radio and in newspapers and other media deemed necessary,
   convenient, or appropriate; and enhancing electronic communication with the
   Division through the Internet;

   2.  Establish and administer programs that facilitate resolution of complaints
   and related inquiries from the Commonwealth’s consumers involving
   violations or alleged violations of any law designed to protect the integrity
   of consumer transactions in the Commonwealth. Such programs may utilize paid
   or unpaid personnel, law schools or other institutions of higher education,
   community dispute resolution centers, or any other private or public entity,
   including any local offices of consumer affairs established pursuant to §
   15.2-963 that volunteer to participate in a program;

   3.  Promote consumer education in cooperation with the Department of Education
   and inform the public of policies, decisions, and legislation affecting
   consumers;

   4.  Serve as a central coordinating agency and clearinghouse for receiving and
   investigating complaints by the Commonwealth’s consumers of illegal,
   fraudulent, deceptive or dangerous practices and referring appropriate
   complaints to the federal, state, and local departments or agencies charged
   with enforcement of consumer laws;

   5.  Maintain records of consumer complaints and their eventual disposition,
   which records shall be open for public inspection, provided that information
   disclosing the business interests of any person, trade secrets, or the names
   of customers shall be held confidential except to the extent that disclosure
   of such matters may be necessary for the enforcement of laws; and

   6.  Have the authority, in the same manner as provided in § 59.1-308.2, to
   inquire into consumer complaints regarding violations of § 46.2-1231 or
   46.2-1233.1 involving businesses engaged in towing vehicles or to refer the
   complaint directly to the appropriate local enforcement officials.

D. In addition, the Division may inquire into consumer complaints involving
towing and recovery operators and tow truck drivers regarding violations of §
46.2-118, 46.2-1217, 46.2-1231, or 46.2-1233.1.

E. The Division, in all investigations connected with enforcing consumer laws
and appearances before governmental bodies shall, on behalf of the interests of
the consumer, cooperate and coordinate its efforts with such commissions,
agencies and departments in ensuring that any matters adversely affecting the
interests of the consumer are properly controlled and regulated. The appearance
of a representative of the Division before any governmental body shall in no way
limit or alter the duties of such governmental body.

F. The Attorney General may employ and fix the salaries of such attorneys,
employees and consultants, within the amounts appropriated to the Attorney
General for providing legal service for the Commonwealth, and other services as
may be provided for by law, as he may deem necessary in the operation of the
Division of Consumer Counsel to carry out its functions.

HISTORY: 1970, c. 781, §§ 2.1-133.1, 2.1-133.3; 2001, c. 844; 2012, cc. 803,
835.