{"law_id":"767842","section_number":"38.2-2623","catch_line":"Prohibited acts","history":"2006, c. 634.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/38.2-2623\/","refers_to":false,"url":"\/38.2-2623\/","token":"38.2\/26\/2\/38.2-2623","structure":{"1":{"id":"1821","name":"Home Service Contract Providers","identifier":"2","label":"article","url":"\/38.2\/26\/2\/"},"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":"767842","structure_id":"1821","full_text":"A A provider shall not use in its name the words insurance, casualty, surety, mutual or any other words descriptive of the insurance, casualty or surety business or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider. The word “guaranty” or similar word may be used by a provider. This section shall not apply to a company that was using any of the prohibited language in its name prior to the effective date of this article. However, a company using the prohibited language in its name shall include in its home service contracts a clear statement in substantially the following form: “This agreement is not an insurance contract.”\r\rB A provider or its representative shall not in its home service contracts or literature make, permit or cause to be made any false or misleading statement, either oral or written, or deliberately omit any material statement that would be considered misleading if omitted in the sale, offer, or advertisement of the home service contract.\r\rC No provider shall make or permit any unfair discrimination between individuals in the provider fees charged for any contract or in the performance of services.\r\rD No provider shall fail to perform the services promised under the home service contract in a timely, competent, or workmanlike manner.\r\rE The purchase of a home service contract is not mandatory.\r\r","text":{"0":{"id":"2474828","text":"A provider shall not use in its name the words insurance, casualty, surety, mutual or any other words descriptive of the insurance, casualty or surety business or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider. The word “guaranty” or similar word may be used by a provider. This section shall not apply to a company that was using any of the prohibited language in its name prior to the effective date of this article. However, a company using the prohibited language in its name shall include in its home service contracts a clear statement in substantially the following form: “This agreement is not an insurance contract.”","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2474829","text":"A provider or its representative shall not in its home service contracts or literature make, permit or cause to be made any false or misleading statement, either oral or written, or deliberately omit any material statement that would be considered misleading if omitted in the sale, offer, or advertisement of the home service contract.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"2":{"id":"2474830","text":"No provider shall make or permit any unfair discrimination between individuals in the provider fees charged for any contract or in the performance of services.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1},"3":{"id":"2474831","text":"No provider shall fail to perform the services promised under the home service contract in a timely, competent, or workmanlike manner.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1},"4":{"id":"2474832","text":"The purchase of a home service contract is not mandatory.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1}},"ancestry":{"1":{"id":"1821","name":"Home Service Contract Providers","identifier":"2","label":"article","url":"\/38.2\/26\/2\/"},"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":"781569","structure_id":"1821","section_number":"38.2-2617","catch_line":"Definitions","url":"\/38.2-2617\/","token":"38.2\/26\/2\/38.2-2617"},"1":{"id":"772795","structure_id":"1821","section_number":"38.2-2618","catch_line":"Exemptions","url":"\/38.2-2618\/","token":"38.2\/26\/2\/38.2-2618"},"2":{"id":"779042","structure_id":"1821","section_number":"38.2-2619","catch_line":"Requirements for doing business","url":"\/38.2-2619\/","token":"38.2\/26\/2\/38.2-2619"},"3":{"id":"782452","structure_id":"1821","section_number":"38.2-2620","catch_line":"Required disclosures regarding reimbursement insurance policies","url":"\/38.2-2620\/","token":"38.2\/26\/2\/38.2-2620"},"4":{"id":"771658","structure_id":"1821","section_number":"38.2-2621","catch_line":"Required disclosures regarding home service contracts","url":"\/38.2-2621\/","token":"38.2\/26\/2\/38.2-2621"},"5":{"id":"779085","structure_id":"1821","section_number":"38.2-2622","catch_line":"Financial statements","url":"\/38.2-2622\/","token":"38.2\/26\/2\/38.2-2622"},"6":{"id":"767842","structure_id":"1821","section_number":"38.2-2623","catch_line":"Prohibited acts","url":"\/38.2-2623\/","token":"38.2\/26\/2\/38.2-2623"},"7":{"id":"776993","structure_id":"1821","section_number":"38.2-2624","catch_line":"Examinations","url":"\/38.2-2624\/","token":"38.2\/26\/2\/38.2-2624"},"8":{"id":"791458","structure_id":"1821","section_number":"38.2-2625","catch_line":"Cancellation of reimbursement insurance policy","url":"\/38.2-2625\/","token":"38.2\/26\/2\/38.2-2625"},"9":{"id":"772576","structure_id":"1821","section_number":"38.2-2626","catch_line":"Obligation of reimbursement insurance policy insurers","url":"\/38.2-2626\/","token":"38.2\/26\/2\/38.2-2626"},"10":{"id":"767133","structure_id":"1821","section_number":"38.2-2627","catch_line":"Enforcement","url":"\/38.2-2627\/","token":"38.2\/26\/2\/38.2-2627"},"11":{"id":"792714","structure_id":"1821","section_number":"38.2-2628","catch_line":"Repealed","url":"\/38.2-2628\/","token":"38.2\/26\/2\/38.2-2628"}},"previous_section":{"id":"779085","structure_id":"1821","section_number":"38.2-2622","catch_line":"Financial statements","url":"\/38.2-2622\/","token":"38.2\/26\/2\/38.2-2622"},"next_section":{"id":"776993","structure_id":"1821","section_number":"38.2-2624","catch_line":"Examinations","url":"\/38.2-2624\/","token":"38.2\/26\/2\/38.2-2624"},"references":false,"formats":{"txt":"\/38.2-2623.txt","json":"\/38.2-2623.json","xml":"\/38.2-2623.xml"},"dublin_core":{"Title":"Prohibited acts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2623","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nPROHIBITED ACTS (\u00a7 38.2-2623)\n\nA. A provider shall not use in its name the words insurance, casualty, surety,\nmutual or any other words descriptive of the insurance, casualty or surety\nbusiness or a name deceptively similar to the name or description of any\ninsurance or surety corporation, or to the name of any other provider. The word\n“guaranty” or similar word may be used by a provider. This section\nshall not apply to a company that was using any of the prohibited language in\nits name prior to the effective date of this article. However, a company using\nthe prohibited language in its name shall include in its home service contracts\na clear statement in substantially the following form: “This agreement is\nnot an insurance contract.”\n\nB. A provider or its representative shall not in its home service contracts or\nliterature make, permit or cause to be made any false or misleading statement,\neither oral or written, or deliberately omit any material statement that would\nbe considered misleading if omitted in the sale, offer, or advertisement of the\nhome service contract.\n\nC. No provider shall make or permit any unfair discrimination between\nindividuals in the provider fees charged for any contract or in the performance\nof services.\n\nD. No provider shall fail to perform the services promised under the home\nservice contract in a timely, competent, or workmanlike manner.\n\nE. The purchase of a home service contract is not mandatory.\n\nHISTORY: 2006, c. 634."}