No Duty to Elect Between Remedies when also Suing for Fraud D. The Comparison Price Advertising Act (CPAA) prohibits advertising a former price unless there is veracity demonstrated by the following: (i) the date of the former price is also stated in the advertisement; (ii) substantial sales of the item in the normal course of business were made at the advertised former price; or (iii) the former price that is advertised is based on the cost to the supplier plus the ordinary markup. The VLPAA does not apply to lease-purchase agreements primarily for business, commercial, or agricultural purposes or those made with governmental organizations or other organizations; moreover, the VLPAA does not apply to the lease of safe deposit boxes, the lease of automobiles, or the lease of certain personal property that is incidental to the lease of real property and that provides that the consumer has no option to purchase the leased property.. The statute also provides for verifying the mileage in cases of a lienholder possessing the title, a lost title, and the use of secure powers of attorney.. When an application for title to a motor vehicle is made to a state, the transferor must certify on the title either that the cumulative mileage is registered on the odometer or that the mileage is unknown. Additionally, the VTCA does not apply to selected investment contracts regarding timeshares under section 55-360 .
Additional Virginia Statutes Affecting Consumer Contracts. Further, the CPAA prohibits knowing advertisements of comparison prices that are not verified by the seller. Written estimates are required, if requested, and must be provided before work of more than is commenced. The text of the notice is set forth in the CDWA, and the notice is required to be in type no smaller than boldfaced 10-point type. The Virginia Automobile Repair Facilities Act (ARFA) sets forth requirements for automobile repair facilities' contracts with consumers. Written notice in the text of the contract is required, stating that the lessee has the option to purchase a collision damage waiver and that purchase of the collision damage waiver is not mandatory. The United States Attorney may bring a civil action to enjoin the offense, to collect civil treble damages where intent to defraud exists, and to collect any penalty awarded by the Secretary of Transportation. If the fraud claim not met the federal diversity jurisdiction amount, the court noted in dicta that the plaintiff could not have aggregated her state claims to meet the MMWAs amount in controversy.. The Secretary of Transportation may impose a civil penalty of not more than ,000 for each automobile and not more than 0,000 in the aggregate. Her MMWA claim survived a motion to dismiss for lack of subject matter jurisdiction in federal court even though she had paid only ,235.85 for the car because she had also filed a fraud claim seeking 0,000 in damages, and thus the fraud claim met the requirement for federal diversity jurisdiction.