§ 432. Powers of the Lieutenant Governor
(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 Lieutenant Governor may investigate and examine, in the Virgin […]
§ 433. Administrative remedies
(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 that has caused a violation to […]
§ 434. Suspension, revocation, or nonrenewal of registration
(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, 11 U.S.C. Section 101 et seq. […]
§ 435. Private enforcement
(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 (c)(3) and (4). (b) If an individual voids […]
§ 436. Violation of consumer fraud and deceptive business practices statute
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.
§ 425. Voidable agreements
(a) If a provider imposes a fee or other charge or receives money or other payments not authorized by section 423 or 24, 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 individual assents to an agreement, […]
§ 426. Termination of agreements
(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 money of the individual held in trust for […]
§ 417. Prerequisites for providing debt-management services
(a) Before providing debt-management services, a registered provider shall give the individual an itemized list of goods and services and the charges for each. The list must be clear and conspicuous, be in a record the individual may keep whether or not the individual assents to an agreement, and describe the goods and services the […]
§ 418. Communication by electronic or other means
(a) In this section: (1) “Federal act” means the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq.. (2) “Consumer” means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household purposes. (b) A provider may satisfy the requirements of section 417, […]
§ 419. Form and contents of agreement
(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 the individual immediately upon formation […]