{"law_id":"782670","section_number":"38.2-2612","catch_line":"Unfair trade practices","history":"1981, c. 530, \u00a7 38.1-942; 1986, c. 562.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/38.2-2612\/","refers_to":[{"id":"781906","section_number":"38.2-500","catch_line":"Declaration of purpose","url":"\/38.2-500\/"}],"url":"\/38.2-2612\/","token":"38.2\/26\/1\/38.2-2612","structure":{"1":{"id":"1720","name":"Home Protection Companies","identifier":"1","label":"article","url":"\/38.2\/26\/1\/"},"2":{"id":"1719","name":"Home Protection Companies And Home Service Contract Providers","identifier":"26","label":"chapter","url":"\/38.2\/26\/"},"3":{"id":"7","name":"Insurance","identifier":"38.2","label":"title","url":"\/38.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"782670","structure_id":"1720","full_text":" In addition to the provisions of Chapter 5 (\u00a7 38.2-500) of this title, the Commission may order any home protection company or its representatives to cease and desist from engaging in the following unfair trade practices:\r\r","text":{"0":{"id":"2524373","text":"In addition to the provisions of Chapter 5 (\u00a7 38.2-500) of this title, the Commission may order any home protection company or its representatives to cease and desist from engaging in the following unfair trade practices:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1},"1":{"id":"2524374","text":" The making of any false or misleading statements, either oral or written, in connection with the sale, offer to sell, or advertisement of a home protection contract;","type":"section","prefixes":["","1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":2},"2":{"id":"2524375","text":" The omission of any material statement in connection with the sale, offer to sell, or advertisement of a contract that under the circumstances should have been made in order to make the statements that were made not misleading;","type":"section","prefixes":["","2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":2},"3":{"id":"2524376","text":" The making of any statement that the purchase of a home protection contract is mandatory;","type":"section","prefixes":["","3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":2},"4":{"id":"2524377","text":" The making of any false or misleading statements, either oral or written, about the benefits or services available under the contract;","type":"section","prefixes":["","4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":2},"5":{"id":"2524378","text":" The failure to perform the services promised under the contract in a timely, competent, or workmanlike manner; or","type":"section","prefixes":["","5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":2},"6":{"id":"2524379","text":" Any statement or practice which has the effect of creating or maintaining a fraud.","type":"section","prefixes":["","6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":2}},"ancestry":{"1":{"id":"1720","name":"Home Protection Companies","identifier":"1","label":"article","url":"\/38.2\/26\/1\/"},"2":{"id":"1719","name":"Home Protection Companies And Home Service Contract Providers","identifier":"26","label":"chapter","url":"\/38.2\/26\/"},"3":{"id":"7","name":"Insurance","identifier":"38.2","label":"title","url":"\/38.2\/"}},"structure_contents":{"0":{"id":"788130","structure_id":"1720","section_number":"38.2-2600","catch_line":"Definitions","url":"\/38.2-2600\/","token":"38.2\/26\/1\/38.2-2600"},"1":{"id":"795057","structure_id":"1720","section_number":"38.2-2601","catch_line":"Exemptions","url":"\/38.2-2601\/","token":"38.2\/26\/1\/38.2-2601"},"2":{"id":"778513","structure_id":"1720","section_number":"38.2-2602","catch_line":"Limited applicability to certain insurers","url":"\/38.2-2602\/","token":"38.2\/26\/1\/38.2-2602"},"3":{"id":"775864","structure_id":"1720","section_number":"38.2-2603","catch_line":"License required; application; fee","url":"\/38.2-2603\/","token":"38.2\/26\/1\/38.2-2603"},"4":{"id":"766906","structure_id":"1720","section_number":"38.2-2604","catch_line":"Qualification for license; net worth; deposit of securities with State Treasurer","url":"\/38.2-2604\/","token":"38.2\/26\/1\/38.2-2604"},"5":{"id":"768758","structure_id":"1720","section_number":"38.2-2605","catch_line":"Expiration and renewal of license","url":"\/38.2-2605\/","token":"38.2\/26\/1\/38.2-2605"},"6":{"id":"767853","structure_id":"1720","section_number":"38.2-2606","catch_line":"Reserves required","url":"\/38.2-2606\/","token":"38.2\/26\/1\/38.2-2606"},"7":{"id":"767324","structure_id":"1720","section_number":"38.2-2607","catch_line":"Annual statements","url":"\/38.2-2607\/","token":"38.2\/26\/1\/38.2-2607"},"8":{"id":"782752","structure_id":"1720","section_number":"38.2-2608","catch_line":"Home protection contracts; filing; form and contents; application or agreement to purchase; regulation of rates and charges","url":"\/38.2-2608\/","token":"38.2\/26\/1\/38.2-2608"},"9":{"id":"795750","structure_id":"1720","section_number":"38.2-2609","catch_line":"Qualifications of agents","url":"\/38.2-2609\/","token":"38.2\/26\/1\/38.2-2609"},"10":{"id":"785930","structure_id":"1720","section_number":"38.2-2610","catch_line":"Cancellation of home protection contracts","url":"\/38.2-2610\/","token":"38.2\/26\/1\/38.2-2610"},"11":{"id":"789574","structure_id":"1720","section_number":"38.2-2611","catch_line":"Unfair discrimination","url":"\/38.2-2611\/","token":"38.2\/26\/1\/38.2-2611"},"12":{"id":"782670","structure_id":"1720","section_number":"38.2-2612","catch_line":"Unfair trade practices","url":"\/38.2-2612\/","token":"38.2\/26\/1\/38.2-2612"},"13":{"id":"788844","structure_id":"1720","section_number":"38.2-2613","catch_line":"Application of insurance laws","url":"\/38.2-2613\/","token":"38.2\/26\/1\/38.2-2613"},"14":{"id":"779575","structure_id":"1720","section_number":"38.2-2614","catch_line":"Fronting not permitted","url":"\/38.2-2614\/","token":"38.2\/26\/1\/38.2-2614"},"15":{"id":"775986","structure_id":"1720","section_number":"38.2-2615","catch_line":"Other insurance transactions prohibited","url":"\/38.2-2615\/","token":"38.2\/26\/1\/38.2-2615"},"16":{"id":"793233","structure_id":"1720","section_number":"38.2-2616","catch_line":"Binding arbitration provisions in contract","url":"\/38.2-2616\/","token":"38.2\/26\/1\/38.2-2616"}},"previous_section":{"id":"789574","structure_id":"1720","section_number":"38.2-2611","catch_line":"Unfair discrimination","url":"\/38.2-2611\/","token":"38.2\/26\/1\/38.2-2611"},"next_section":{"id":"788844","structure_id":"1720","section_number":"38.2-2613","catch_line":"Application of insurance laws","url":"\/38.2-2613\/","token":"38.2\/26\/1\/38.2-2613"},"references":false,"formats":{"txt":"\/38.2-2612.txt","json":"\/38.2-2612.json","xml":"\/38.2-2612.xml"},"dublin_core":{"Title":"Unfair trade practices","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2612","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nUNFAIR TRADE PRACTICES (\u00a7 38.2-2612)\n\nIn addition to the provisions of Chapter 5 (\u00a7 38.2-500) of this title, the\nCommission may order any home protection company or its representatives to cease\nand desist from engaging in the following unfair trade practices:\n\n   1.  The making of any false or misleading statements, either oral or written,\n   in connection with the sale, offer to sell, or advertisement of a home\n   protection contract;\n\n   2.  The omission of any material statement in connection with the sale, offer\n   to sell, or advertisement of a contract that under the circumstances should\n   have been made in order to make the statements that were made not misleading;\n\n   3.  The making of any statement that the purchase of a home protection\n   contract is mandatory;\n\n   4.  The making of any false or misleading statements, either oral or written,\n   about the benefits or services available under the contract;\n\n   5.  The failure to perform the services promised under the contract in a\n   timely, competent, or workmanlike manner; or\n\n   6.  Any statement or practice which has the effect of creating or maintaining\n   a fraud.\n\nHISTORY: 1981, c. 530, \u00a7 38.1-942; 1986, c. 562."}