Title 12A — Consumer Code
8 chapters · 181 sections in this title.
12A V.I.C. § 173 Prohibited acts
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(1) Any person who, by himself or by his employee or agent or as the employee or agent of another person, performs any of the following enumerated acts shall be guilty of a misdemeanor.(1) Use or have in possession for the purpose of using for any commercial purpose specified in …
12A V.I.C. § 174 Injunction
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The Director is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provisions of this subchapter.
12A V.I.C. § 175 Presumptions
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Proof of the existence of a weight, measure or a weighing or measuring device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on, in the absence of conclusive evidence to the contrary, shall be pr…
12A V.I.C. § 176 Certain price increases prohibited
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(a) Price increases for consumer goods previously offered for sale to consumers are prohibited. (b) Definitions—as used in this section:(1) “Retail establishment” means a store selling primarily items packaged individually, including food.(2) “Consumer goods” means tangible items…
12A V.I.C. § 177 Pull dated items
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(a) As used in this section:(1) “Food commodity in package form” means a food commodity put up or packaged in any manner in advance of sale suitable for either wholesale or retail sale.(2) “Label” means any written, printed, or graphic matter affixed to, applied to, attached to, …
12A V.I.C. § 178 Prescription drugs
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(a) Any Pharmacist, when dispensing a prescription, shall indicate on the container, the month, followed by the year, in which the risk of spoilage, loss of value, or loss of effectiveness of the prescription can reasonably be expected to occur. (b) The date required by subsectio…
12A V.I.C. § 180 Definitions
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(a) As used in this subchapter, unless the context clearly indicates otherwise:(a) “Authorized distributor” means every person who is engaged in the wholesale or retail sale or distribution of motor vehicles by concession or agreement with the manufacturer; for purposes of this c…
12A V.I.C. § 181 New motor vehicles; manufacturer's express warranties; buy-backs and replacements
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(a) New motor vehicles(1) Each new motor vehicle which is sold in the United States Virgin Islands must conform to all applicable warranties issued by the manufacturer.(2) If a new motor vehicle sold in the United States Virgin Islands does not conform to all express applicable w…
12A V.I.C. § 182 Sale of used motor vehicles; warranty
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(a) This section does not apply to sales by private individuals or financial institutions pursuant to security agreement. In all cases of sales by a used car dealer, the consumer shall be provided a written statement indicating whether or not the manufacturer's express warranty a…
12A V.I.C. § 183 Unfair or deceptive trade acts or practices; unfair methods of competition; new or used vehicles
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(a) The following shall be considered unfair methods of competition, or unfair or deceptive trade acts and practices, where applicable, as they relate to any motor vehicle manufacturer, distributor, or used or new car dealer:(1) A manufacturer or dealer failing to honor and accep…
12A V.I.C. § 184 Motor vehicle repair shop practices
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(1) The following shall be considered unfair trade practice when operating a motor vehicle repair shop:(1) A dealer or repair shop representative or agent making direct or indirect statements which to the best of his knowledge are not true or well founded to the effect:(A) that r…
12A V.I.C. § 185 Enforcement
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(a) Department of Licensing and Consumer Affairs.(1) Before bringing a civil action on a matter subject to subchapter V of this chapter, the consumer shall first submit his dispute to the Department of Licensing and Consumer Affairs for review. If a formal administrative hearing …
12A V.I.C. § 201 Declaration of policy
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The Legislature finds that the wording, arrangement and accumulation of signs advertising the quality and the price per gallon of motor fuel and located at or near places of business for the retail sale of motor fuel, in a confusing, exaggerated, deceptive, misleading or otherwis…
12A V.I.C. § 202 Octane rating and price to be posted
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It shall be unlawful for any person to offer to sell at retail and dispense or to sell at retail and dispense motor fuel into fuel supply tanks of motor vehicles unless there is continuously and publicly posted and displayed on or near each pump or other dispensing device the min…
12A V.I.C. § 203 Signs or other advertising devices
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(a) Any sign or device stating or relating to the minimum octane rating or to the retail price of motor fuel, or designed and calculated to cause the public to believe that they state or relate to the minimum octane rating, or to the retail price of motor fuel, posted or displaye…
12A V.I.C. § 204 Octane rating standards
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For the purposes of this section, octane rating shall be determined in the manner described in the American Society for Testing and Materials (ASTM) “Standard Specification for Gasoline”, D439–70.
12A V.I.C. § 205 Penalty
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Any person who wilfully violates the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not to exceed $500 or to imprisonment not to exceed 30 days.
12A V.I.C. § 206 Enforcement supervision
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The Director of the Consumer Services Administration shall be responsible for supervising the enforcement of this chapter.
12A V.I.C. § 207 Air hose required in gas stations
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(a) All gasoline stations in the Territory shall provide a functioning air hose which is accessible to the public during regular business hours of such service stations. (b) As used in this section, “functioning air hose” means an air hose that can and does provide air to inflate…
12A V.I.C. § 251 Policy
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It is the policy of the Government of the United States Virgin Islands to protect consumers in their personal business dealings with sophisticated business entities. Clearly written consumer contracts, as opposed to commercial business contracts, will offer such protection.
12A V.I.C. § 251a Definitions
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(a) “Consumer contract”, which includes writings required to complete the consumer transaction, means a written agreement in which a natural person:(1) leases or licenses personal property or leases real property for residential purposes;(2) obtains credit;(3) obtains personal in…
12A V.I.C. § 252 Plain language required
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A consumer contract entered into on or after October 30, 1984 shall be written in clear, simple, understandable and easily readable language. In determining whether a consumer contract has been written in clear, simple, understandable and easily readable language, a court or prim…
12A V.I.C. § 253 Damages
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A creditor, seller, insurer or lessor who fails to comply with this chapter shall be liable to a consumer who is a party to the consumer contract for actual damages sustained plus punitive damages up to $1,000. The creditor, seller, insurer or lessor shall also be liable for the …
12A V.I.C. § 254 Damages limited
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Class actions may be brought under the provisions of this chapter, but the amount of punitive damages shall be limited to $10,000 against any one seller, lessor, insurer or creditor.
12A V.I.C. § 255 Exceptions
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(a) There shall be no liability under sections 253 and 254 of this title if:(1) Both parties to the contract have performed their obligations under the contract.(2) The creditor, seller, insurer, or lessor attempts in good faith to comply with this chapter in preparing the consum…
12A V.I.C. § 256 Other claims not precluded
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This chapter shall not preclude a debtor, buyer, insured or lessee from making any claims which would have been available to him if this chapter were not in effect.
12A V.I.C. § 257 Opinions and fees
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(a) A creditor, seller, insurer or lessor may request an opinion from a primary regulator as to whether a consumer contract complies with this chapter. A reasonable fee may be charged by the primary regulator for processing the request. The Chairman of the Banking Board may rende…
12A V.I.C. § 258 Restrictions
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(a) This chapter shall not apply to consumer contracts involving amounts of more than $25,000, except for homeowners and tenant insurance policies. (b) Real estate transactions, including title insurance policies, are excluded from this chapter, except that real estate leases for…
12A V.I.C. § 259 Guidelines
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(a) To insure that a consumer contract shall be clear, simple, understandable and easily readable, the following are guidelines that a court or primary regulator may consider in determining whether a consumer contract as a whole fails to comply with this chapter:(1) Cross-referen…
12A V.I.C. § 260 No waiver
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No consumer contract shall contain a waiver of any rights under this chapter. A violation of this chapter shall not render any consumer contract void or voidable, or serve as a defense in an action breach thereof unless enforcement of the contract which violates this chapter woul…
12A V.I.C. § 261 Injunctive relief
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The Director of the Consumer Services Administration or a Primary Regulator or any interested person may seek injunctive relief in the territorial or district court. The court may authorize reasonable attorney's fees and court costs in such a proceeding.
12A V.I.C. § 280 Short title
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This chapter may be cited as the “Rental-Purchase Disclosure Act”.
12A V.I.C. § 281 Definitions
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(a) For purposes of the chapter:(a) The term “advertisement” means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a rental-purchase agreement.(b) The term “agricultural purpose” includes:(1) the production, harvest, exhibition, marketin…
12A V.I.C. § 282 Exempted transaction
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(a) Rental-purchase agreements that comply with this chapter are not governed by the laws relating to:(1) a security interest as defined in title 11A Virgin Islands Code, Article 1, § 1-201(b)(35) and governed by Article 9 of title 11A Virgin Islands Code. (1) a security interest…
12A V.I.C. § 283 General disclosure requirements
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(a) In general. The merchant under a rental-purchase agreement shall disclose in a clear and conspicuous manner to the consumer the information required by sections 284, 285 and 286 of this chapter. In an agreement involving more than one merchant, only one merchant is required t…
12A V.I.C. § 284 Rental purchase disclosures
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(a) For each rental-purchase agreement, the merchant shall disclose to the consumer, to the extent applicable under the agreement, the following:(a) the total amount of the first periodic payment and the total amount of advance payments, delivery charges, trade-in allowances, fee…
12A V.I.C. § 285 Point of rental disclosures
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(a) Each item of property displayed or offered in connection with a rental-purchase agreement must have stamped or affixed to the property a card, tag or label that clearly and conspicuously discloses only the following:(a) whether the property is new or used;(b) the price of the…
12A V.I.C. § 286 Agreement provisions
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(a) In general. Each rental-purchase agreement must:(1) provide a brief description of the rented property sufficient to identify the rented property to the consumer and merchant. If a rental is for multiple items of property, a description of each item may be provided in a separ…
12A V.I.C. § 287 Prohibited provisions of rental-purchase agreement
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(a) A rental-purchase agreement or any document that the merchant requests the consumer to execute may not contain:(a) a confession of judgment;(b) a negotiable instrument;(c) a security interest or any other claim of a property interest in any goods, except those goods the use o…
12A V.I.C. § 288 Receipts and accounts
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A merchant shall provide the consumer a written receipt for each payment made by cash, check or money order, the date, the total number of rental payments made and the total number of payments necessary to acquire ownership of the property.
12A V.I.C. § 289 Renegotiations and extensions
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(a) A renegotiation of a rental-purchase agreement is deemed to be a new agreement for purposes of this chapter, requiring new disclosures under sections 284 and 286. A renegotiation shall be considered to occur when an existing rental-purchase agreement is satisfied and replaced…
12A V.I.C. § 290 Rental-purchase advertising
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(a) Advertisements. If an advertisement for a rental-purchase agreement refers to, or states, the amount of any payment or the right to acquire ownership, the merchant that makes the advertisement shall also clearly and conspicuously state in the advertisement the following infor…
12A V.I.C. § 291 Civil liability
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(a) Liability amount. Except as otherwise provided in this chapter, a merchant who willfully violates this chapter with respect to a consumer is liable to the consumer in an amount equal to the following:(1) In an action by an individual consumer, the sum of:(A) actual damages su…
12A V.I.C. § 292 Defenses of merchants
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(a) A merchant is not liable:(a) for any violation of the requirements of this chapter if within sixty days after discovering the violation, and before an action is filed against a merchant or written notice of the violation is received from the consumer, the merchant notifies th…
12A V.I.C. § 293 Liability of assignees
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(a) Assignees. For purposes of sections 291 and 292 and this chapter, the term “merchant” includes an assignee of a merchant. However, an action under section 291 for a violation of this chapter may be brought against an assignee only if the violation is apparent on the face of t…
12A V.I.C. § 294 Effect on government agencies
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No civil liability or criminal penalty under this chapter may be imposed on the United States or any of its departments or agencies, any territorial or political subdivision, or any agency of the territory or political subdivision.
12A V.I.C. § 301 Short title
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This chapter may be cited as the “The Consumer Fraud and Deceptive Business Practices Act”.
12A V.I.C. § 302 Purpose; rules of construction
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The provisions of this chapter shall be liberally construed to protect the consuming public from deceptive and unfair acts or practices in the conduct of any trade or commerce.
12A V.I.C. § 303 Definitions
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(a) “Advertisement” means any public offer of merchandise with the purpose of attracting the attention of the consumer, whether through the press, handbills or other publications, radio, television, or any other informative media. (b) “Chain referral sale” means the provision or …
12A V.I.C. § 304 Deceptive business acts or practices; chain referral sales; pyramid sales
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It is unlawful for any person to engage in unfair methods of competition or unfair or deceptive trade acts or practices in the conduct of any trade or commerce. In construing this chapter, consideration must be given to the interpretations of the Federal Trade Commission and the …