Title 12A, Consumer Code
8 chapters · 167 sections in this title.
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…