{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/59.1-335.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/59.1-335.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/59.1-335.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/59.1-335.5.html"}],"law_id":372991,"edition_id":2,"section_id":372991,"structure_id":53083,"section_number":"59.1-335.5","catch_line":"Prohibited practices","history":"1989, cc. 651, 655; 2010, c. 421; 2020, cc. 1215, 1258.","full_text":"A credit services business, and its salespersons, agents and representatives, and independent contractors who sell or attempt to sell the services of a credit services business, shall not do any of the following:\n\n1\n\nCharge or receive any money or other valuable consideration prior to full and complete performance of the services that the credit services business has agreed to perform for or on behalf of the consumer, unless the consumer has agreed to pay for such services during the term of a written subscription agreement that provides for the consumer to make periodic payments during the agreement&#8217;s term in consideration for the credit services business&#8217;s ongoing performance of services for or on behalf of the consumer, provided that such subscription agreement may be cancelled at any time by the consumer;\n\n2\n\nCharge or receive any money or other valuable consideration solely for referral of the consumer to a retail seller or to any other credit grantor who will or may extend to the consumer, if the credit that is or will be extended to the consumer is upon substantially the same terms as those available to the general public;\n\n3\n\nMake, or counsel or advise any consumer to make, any statement that is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer reporting agency or to any person who has extended credit to a consumer or to whom a consumer is applying for an extension of credit, with respect to a consumer&#8217;s creditworthiness, credit standing, or credit capacity;\n\n4\n\nMake or use any untrue or misleading representations in the offer or sale of the services of a credit services business or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of a credit services business; or\n\n5\n\nAdvertise, offer, sell, provide, or perform any of the services of a credit services business in connection with an extension of credit that meets any of the following conditions:\n\t\t\ta. The amount of credit is less than $5,000;\n\n\t\t\tb. The repayment term is one year or less;\n\n\t\t\tc. The credit is provided under an open-end credit plan; or\n\n\t\t\td. The annual percentage rate exceeds 36 percent. For purposes of this section, &#8220;annual percentage rate&#8221; has the same meaning as in the federal Truth in Lending Act (15 U.S.C. &#xA7; 1601 et seq.) and its implementing regulations, as they may be amended from time to time.\n\n","order_by":null,"text":{"0":{"id":1391295,"text":"A credit services business, and its salespersons, agents and representatives, and independent contractors who sell or attempt to sell the services of a credit services business, shall not do any of the following:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1391296,"text":"Charge or receive any money or other valuable consideration prior to full and complete performance of the services that the credit services business has agreed to perform for or on behalf of the consumer, unless the consumer has agreed to pay for such services during the term of a written subscription agreement that provides for the consumer to make periodic payments during the agreement&#8217;s term in consideration for the credit services business&#8217;s ongoing performance of services for or on behalf of the consumer, provided that such subscription agreement may be cancelled at any time by the consumer;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1391297,"text":"Charge or receive any money or other valuable consideration solely for referral of the consumer to a retail seller or to any other credit grantor who will or may extend to the consumer, if the credit that is or will be extended to the consumer is upon substantially the same terms as those available to the general public;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1391298,"text":"Make, or counsel or advise any consumer to make, any statement that is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer reporting agency or to any person who has extended credit to a consumer or to whom a consumer is applying for an extension of credit, with respect to a consumer&#8217;s creditworthiness, credit standing, or credit capacity;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":1391299,"text":"Make or use any untrue or misleading representations in the offer or sale of the services of a credit services business or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of a credit services business; or","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":1391300,"text":"Advertise, offer, sell, provide, or perform any of the services of a credit services business in connection with an extension of credit that meets any of the following conditions:\n\t\t\ta. The amount of credit is less than $5,000;\t\t\tb. The repayment term is one year or less;\t\t\tc. The credit is provided under an open-end credit plan; or\t\t\td. The annual percentage rate exceeds 36 percent. For purposes of this section, &#8220;annual percentage rate&#8221; has the same meaning as in the federal Truth in Lending Act (15 U.S.C. &#xA7; 1601 et seq.) and its implementing regulations, as they may be amended from time to time.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":53083,"edition_id":2,"name":"Virginia Credit Services Businesses Act","identifier":"25.1","label":"chapter","depth":2,"order_by":56,"parent_id":53010,"metadata":{"child_laws":12,"child_structures":0},"date_created":"2026-08-02 03:10:35","date_modified":"2026-08-02 12:36:31","permalink":{"id":1487867,"object_type":"structure","relational_id":53083,"identifier":"25.1","token":"59.1\/25.1","url":"\/59.1\/25.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53010,"edition_id":2,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":127,"parent_id":null,"metadata":{"child_laws":861,"child_structures":141},"date_created":"2026-08-02 03:09:52","date_modified":"2026-08-02 12:36:19","permalink":{"id":1486523,"object_type":"structure","relational_id":53010,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":372984,"structure_id":53083,"section_number":"59.1-335.1","catch_line":"Title","url":"\/59.1-335.1\/","token":"59.1\/25.1\/59.1-335.1","metadata":false},{"id":372985,"structure_id":53083,"section_number":"59.1-335.10","catch_line":"Liability to consumer","url":"\/59.1-335.10\/","token":"59.1\/25.1\/59.1-335.10","metadata":false},{"id":372986,"structure_id":53083,"section_number":"59.1-335.11","catch_line":"Statute of limitations","url":"\/59.1-335.11\/","token":"59.1\/25.1\/59.1-335.11","metadata":false},{"id":372987,"structure_id":53083,"section_number":"59.1-335.12","catch_line":"Violations of chapter; enforcement","url":"\/59.1-335.12\/","token":"59.1\/25.1\/59.1-335.12","metadata":false},{"id":372988,"structure_id":53083,"section_number":"59.1-335.2","catch_line":"Definitions","url":"\/59.1-335.2\/","token":"59.1\/25.1\/59.1-335.2","metadata":false},{"id":372989,"structure_id":53083,"section_number":"59.1-335.3","catch_line":"Registration; fees","url":"\/59.1-335.3\/","token":"59.1\/25.1\/59.1-335.3","metadata":false},{"id":372990,"structure_id":53083,"section_number":"59.1-335.4","catch_line":"Bond or letter of credit required","url":"\/59.1-335.4\/","token":"59.1\/25.1\/59.1-335.4","metadata":false},{"id":372991,"structure_id":53083,"section_number":"59.1-335.5","catch_line":"Prohibited practices","url":"\/59.1-335.5\/","token":"59.1\/25.1\/59.1-335.5","metadata":false},{"id":372992,"structure_id":53083,"section_number":"59.1-335.6","catch_line":"Information statement required","url":"\/59.1-335.6\/","token":"59.1\/25.1\/59.1-335.6","metadata":false},{"id":372993,"structure_id":53083,"section_number":"59.1-335.7","catch_line":"Contents of information statement","url":"\/59.1-335.7\/","token":"59.1\/25.1\/59.1-335.7","metadata":false},{"id":372994,"structure_id":53083,"section_number":"59.1-335.8","catch_line":"Contents of contracts","url":"\/59.1-335.8\/","token":"59.1\/25.1\/59.1-335.8","metadata":false},{"id":372995,"structure_id":53083,"section_number":"59.1-335.9","catch_line":"Breach; null and void contract","url":"\/59.1-335.9\/","token":"59.1\/25.1\/59.1-335.9","metadata":false}],"previous_section":{"id":372990,"structure_id":53083,"section_number":"59.1-335.4","catch_line":"Bond or letter of credit required","url":"\/59.1-335.4\/","token":"59.1\/25.1\/59.1-335.4","metadata":false},"next_section":{"id":372992,"structure_id":53083,"section_number":"59.1-335.6","catch_line":"Information statement required","url":"\/59.1-335.6\/","token":"59.1\/25.1\/59.1-335.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-335.5\/","history_text":"<p>This law was first created in 1989. The record of its establishment is cataloged in chapters 651 and 655 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0421\">421<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1215\">1215<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1258\">1258<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1487897,"object_type":"law","relational_id":372991,"identifier":"59.1-335.5","token":"59.1\/25.1\/59.1-335.5","url":"\/59.1-335.5\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/59.1-335.5\/","token":"59.1\/25.1\/59.1-335.5","dublin_core":{"Title":"Prohibited practices","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-335.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>A <span class=\"dictionary\">credit services business<\/span>, and its salespersons, agents and representatives, and independent contractors who sell or attempt to sell the services of a <span class=\"dictionary\">credit services business<\/span>, shall not do any of the following:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Charge or receive any money or other valuable consideration prior to full and complete performance of the services that the <span class=\"dictionary\">credit services business<\/span> has agreed to perform for or on behalf of the <span class=\"dictionary\">consumer<\/span>, unless the <span class=\"dictionary\">consumer<\/span> has agreed to pay for such services during the term of a written subscription agreement that provides for the <span class=\"dictionary\">consumer<\/span> to make periodic payments during the agreement&#8217;s term in consideration for the <span class=\"dictionary\">credit services business<\/span>&#8217;s ongoing performance of services for or on behalf of the <span class=\"dictionary\">consumer<\/span>, provided that such subscription agreement may be cancelled at any time by the <span class=\"dictionary\">consumer<\/span>; <a id=\"paragraph-1391296\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-335.5\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Charge or receive any money or other valuable consideration solely for referral of the <span class=\"dictionary\">consumer<\/span> to a retail seller or to any other credit grantor who will or may extend to the <span class=\"dictionary\">consumer<\/span>, if the credit that is or will be extended to the <span class=\"dictionary\">consumer<\/span> is upon substantially the same terms as those available to the general public; <a id=\"paragraph-1391297\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-335.5\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> Make, or <span class=\"dictionary\">counsel<\/span> or advise any consumer to make, any statement that is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, to a <span class=\"dictionary\">consumer reporting agency<\/span> or to any <span class=\"dictionary\">person<\/span> who has extended credit to a consumer or to whom a consumer is applying for an <span class=\"dictionary\">extension of credit<\/span>, with respect to a consumer&#8217;s creditworthiness, credit standing, or credit capacity; <a id=\"paragraph-1391298\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-335.5\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> Make or use any untrue or misleading representations in the offer or sale of the services of a <span class=\"dictionary\">credit services business<\/span> or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a <span class=\"dictionary\">fraud<\/span> or deception upon any <span class=\"dictionary\">person<\/span> in connection with the offer or sale of the services of a <span class=\"dictionary\">credit services business<\/span>; or <a id=\"paragraph-1391299\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-335.5\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> Advertise, offer, sell, provide, or perform any of the services of a <span class=\"dictionary\">credit services business<\/span> in connection with an <span class=\"dictionary\">extension of credit<\/span> that meets any of the following conditions:\n\t\t\ta. The amount of credit is less than $5,000;<br \/><br \/>\t\t\tb. The repayment term is one year or less;<br \/><br \/>\t\t\tc. The credit is provided under an open-end credit plan; or<br \/><br \/>\t\t\td. The <span class=\"dictionary\">annual percentage rate<\/span> exceeds 36 percent. For purposes of this section, &#8220;<span class=\"dictionary\">annual percentage rate<\/span>&#8221; has the same meaning as in the federal Truth in Lending Act (15 U.S.C. &#xA7; 1601 et seq.) and its implementing regulations, as they may be amended from time to time. <a id=\"paragraph-1391300\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-335.5\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROHIBITED PRACTICES (\u00a7 59.1-335.5)\n\nA credit services business, and its salespersons, agents and representatives,\nand independent contractors who sell or attempt to sell the services of a credit\nservices business, shall not do any of the following:\n\n1. Charge or receive any money or other valuable consideration prior to full and\ncomplete performance of the services that the credit services business has\nagreed to perform for or on behalf of the consumer, unless the consumer has\nagreed to pay for such services during the term of a written subscription\nagreement that provides for the consumer to make periodic payments during the\nagreement&#8217;s term in consideration for the credit services business&#8217;s\nongoing performance of services for or on behalf of the consumer, provided that\nsuch subscription agreement may be cancelled at any time by the consumer;\n\n2. Charge or receive any money or other valuable consideration solely for\nreferral of the consumer to a retail seller or to any other credit grantor who\nwill or may extend to the consumer, if the credit that is or will be extended to\nthe consumer is upon substantially the same terms as those available to the\ngeneral public;\n\n3. Make, or counsel or advise any consumer to make, any statement that is untrue\nor misleading and which is known, or which by the exercise of reasonable care\nshould be known, to be untrue or misleading, to a consumer reporting agency or\nto any person who has extended credit to a consumer or to whom a consumer is\napplying for an extension of credit, with respect to a consumer&#8217;s\ncreditworthiness, credit standing, or credit capacity;\n\n4. Make or use any untrue or misleading representations in the offer or sale of\nthe services of a credit services business or engage, directly or indirectly, in\nany act, practice, or course of business which operates or would operate as a\nfraud or deception upon any person in connection with the offer or sale of the\nservices of a credit services business; or\n\n5. Advertise, offer, sell, provide, or perform any of the services of a credit\nservices business in connection with an extension of credit that meets any of\nthe following conditions:\n\t\t\ta. The amount of credit is less than $5,000;\t\t\tb. The repayment term is one\nyear or less;\t\t\tc. The credit is provided under an open-end credit plan; or\t\t\td.\nThe annual percentage rate exceeds 36 percent. For purposes of this section,\n&#8220;annual percentage rate&#8221; has the same meaning as in the federal\nTruth in Lending Act (15 U.S.C. &#xA7; 1601 et seq.) and its implementing\nregulations, as they may be amended from time to time.\n\nHISTORY: 1989, cc. 651, 655; 2010, c. 421; 2020, cc. 1215, 1258.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}