Title 12A — Consumer Code
8 chapters · 181 sections in this title.
12A V.I.C. § 419 Form and contents of agreement
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(a) An agreement must:(1) be in a record;(2) be dated and signed by the provider and the individual;(3) include the name of the individual and the address where the individual resides;(4) include the name, business address, and telephone number of the provider;(5) be delivered to…
12A V.I.C. § 420 Cancellation of agreement; waiver
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(a) An individual may cancel an agreement before midnight of the third business day after the individual assents to it, unless the agreement does not comply with subsection (b) or section 419 or 428, in which event the individual may cancel the agreement within 30 days after the …
12A V.I.C. § 421 Required language
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Unless the Lieutenant Governor, by rule, provides otherwise, the disclosures and documents required by this chapter must be in English. If a provider communicates with an individual primarily in a language other than English, the provider must furnish a translation into the other…
12A V.I.C. § 422 Trust account
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(a) All money paid to a provider by or on behalf of an individual for distribution to creditors pursuant to a plan is held in trust. Within two business days after receipt, the provider shall deposit the money in a trust account established for the benefit of individuals to whom …
12A V.I.C. § 423 Fees and other charges
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(a) A provider may not impose directly or indirectly a fee or other charge on an individual or receive money from or on behalf of an individual for debt-management services except as permitted by this section. (b) A provider may not impose charges or receive payment for debt-mana…
12A V.I.C. § 424 Voluntary contributions
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A provider may not solicit a voluntary contribution from an individual or an affiliate of the individual for any service provided to the individual. A provider may accept voluntary contributions from an individual but, until 30 days after completion or termination of a plan, the …
12A V.I.C. § 425 Voidable agreements
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(a) If a provider imposes a fee or other charge or receives money or other payments not authorized by section 423 or 424, the individual may void the agreement and recover as provided in section 435. (b) If a provider is not registered as required by this chapter when an individu…
12A V.I.C. § 426 Termination of agreements
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(a) If an individual who has entered into an agreement fails for 60 days to make payments required by the agreement, a provider may terminate the agreement. (b) If a provider or an individual terminates an agreement, the provider shall immediately return to the individual:(1) any…
12A V.I.C. § 427 Periodic reports and retention of records
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(a) A provider shall provide the accounting required by subsection (b):(1) upon cancellation or termination of an agreement; and(2) before cancellation or termination of any agreement:(A) at least once each month; and(B) within five business days after a request by an individual,…
12A V.I.C. § 428 Prohibited acts and practices
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(a) A provider may not, directly or indirectly:(1) misappropriate or misapply money held in trust;(2) settle a debt on behalf of an individual for more than 50 percent of the principal amount of the debt owed a creditor, unless the individual assents to the settlement after the c…
12A V.I.C. § 429 Notice of litigation
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No later than 30 days after a provider has been served with notice of a civil action for violation of this chapter by or on behalf of an individual who resides in the Virgin Islands at either the time of an agreement or the time the notice is served, the provider shall notify the…
12A V.I.C. § 430 Advertising
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(a) If the agreements of a provider contemplate that creditors will reduce finance charges or fees for late payment, default, or delinquency and the provider advertises debt-management services, the provider shall disclose, in an easily comprehensible manner, that using a debt-ma…
12A V.I.C. § 431 Liability for the conduct of other persons
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If a provider delegates any of its duties or obligations under an agreement or this chapter to another person, including an independent contractor, the provider is liable for conduct of the person which, if done by the provider, would violate the agreement or this chapter.
12A V.I.C. § 432 Powers of the Lieutenant Governor
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(a) The Lieutenant Governor may act on his own initiative or in response to complaints and may receive complaints, take action to obtain voluntary compliance with this chapter, refer cases to the Attorney General, and seek or provide remedies as provided in this chapter. (b) The …
12A V.I.C. § 433 Administrative remedies
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(a) The Lieutenant Governor may enforce this chapter and rules adopted under this chapter by taking one or more of the following actions:(1) ordering a provider or a director, employee, or other agent of a provider to desist from any violations;(2) ordering a provider or a person…
12A V.I.C. § 434 Suspension, revocation, or nonrenewal of registration
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(a) In this section, “insolvent” means:(1) having generally ceased to pay debts in the ordinary course of business other than as a result of good-faith dispute;(2) being unable to pay debts as they become due; or(3) being insolvent within the meaning of the federal bankruptcy law…
12A V.I.C. § 435 Private enforcement
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(a) If an individual voids an agreement pursuant to section 425(b), the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under subsection…
12A V.I.C. § 436 Violation of consumer fraud and deceptive business practices statute
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If an act or practice of a provider violates both this chapter and chapter 6 the individual may not recover under both for the same act or practice.
12A V.I.C. § 437 Statute of limitations
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(a) An action or proceeding brought pursuant to section 433(a), (b), or (c) must be commenced within four years after the conduct that is the basis of the Lieutenant Governor's complaint. (b) An action brought pursuant to § 435 must be commenced within two years after the latest …
12A V.I.C. § 438 Uniformity of application and construction
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In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
12A V.I.C. § 439 Relation to Electronic Signatures in Global and National Commerce Act
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This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of…
12A V.I.C. § 440 Transitional provisions; application to existing transactions
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Transactions entered into before this chapter takes effect and the rights, duties, and interests resulting from them may be completed, terminated, or enforced as required or permitted by a law amended, repealed, or modified by this chapter as though the amendment, repeal, or modi…
12A V.I.C. § 441 Severability
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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions…
12A V.I.C. § 451 Definitions
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(a) For the purposes of this chapter:(a) “Business” means any individual, sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services or both are sold, as well as …
12A V.I.C. § 452 Payment options
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(a) (1) Any business and any branch, department, division or agency of the Government of the Virgin Islands shall offer at least two (2) payment options to a customer. Payment options include cash, credit or debit card, check or money order, and electronic transfer. One of the pa…
12A V.I.C. § 453 Receipts
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(a) A business shall offer a customer a receipt for any transaction of $5 or more. For transactions under $5, the business shall provide the customer with a receipt upon request. (b) A receipt must contain the following information:(1) the items purchased;(2) the amount of money …
12A V.I.C. § 454 Posting requirements
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(a) A business shall prominently display at the point of sale a clearly identifiable sign specifying the payment options available. (b) A business that does not offer goods or services from a physical location is required to inform a customer verbally or in writing about the avai…
12A V.I.C. § 455 Recordkeeping
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A business shall maintain a record of daily transactions that includes the items sold to customers, the amount received, and the payment method. The records shall be maintained and available for inspection by the Virgin Islands Bureau of Internal Revenue for a period of not less …
12A V.I.C. § 456 Complaints
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(a) Any person with knowledge of a suspected violation of the provisions of this chapter may file a formal complaint with the Department of Licensing and Consumer Affairs. A complaint can also be made telephonically and may be filed anonymously. (b) The Department of Licensing an…
12A V.I.C. § 457 Administration and enforcement
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(a) The Commissioner of the Department of Licensing and Consumer Affairs shall administer and enforce the provisions of this chapter. (b) The Commissioner of the Department of Licensing and Consumer Affairs is authorized to promulgate rules and regulations necessary to carry out …
12A V.I.C. § 458 Penalties
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(a) For any violation of any provision of this chapter, the Commissioner of the Department of Licensing and Consumer Affairs, in consultation with the Director of the Bureau of Internal Revenue, may impose an administrative fine of not less than $1,000 for a first offense, and no…