§ 301. Short title

This chapter may be cited as the “The Consumer Fraud and Deceptive Business Practices Act”.

§ 302. Purpose; rules of construction

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.

§ 303. Definitions

(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 offer to provide a consumer a prize, discount, rebate, or other compensation as an […]

§ 304. Deceptive business acts or practices; chain referral sales; pyramid sales

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 federal courts relating to 15 U.S.C. § 45 […]

§ 305. Disclosure of legal name of business and address

It is unlawful in the sale of consumer goods or service for any person conducting a mail order or catalog business in the Virgin Islands, and utilizing a post office box address or a street address representing a site used primarily for the receipt or delivery of mail or as a telephone answering service, to […]

§ 306. Solicitations regarding records

It is an unlawful practice for any person to offer for sale or sell to a consumer access to any records or copies of any records pertaining to the consumer which may be obtained at no cost or a nominal cost from a governmental agency as defined in the Federal Fair Credit Reporting Act, 15 […]

§ 307. Return of down payment on rejection

If the furnishing of merchandise, whether under purchase order or a contract of sale, is conditioned on the consumer’s providing credit references or having a credit rating acceptable to the seller and the seller rejects the credit application of that consumer, the seller must return to the consumer any down payment, whether the down payment […]

§ 308. Assignment

(a) (1) If a consumer in a retail installment sales transaction gives the seller a negotiable instrument in part or full payment for the merchandise that is the subject of a purchase order, retail charge agreement or retail installment sales contract before that merchandise is delivered or furnished to him, the assignment of that agreement […]

§ 309. Offers of free prizes, gifts, or gratuities; disclosure of conditions

It is an unlawful practice for any person to promote or advertise any business, product, utility service, including but not limited to, the provision of electric, telecommunication, or gas service, or interest in property, by means of offering free prizes, gifts, or gratuities to any consumer, unless all material terms and conditions relating to the […]

§ 310. Telemarketing; free trials

(a) A person or entity that, by means of a telemarketing plan, program, or campaign, offers free goods or services to a Virgin Islands consumer on a trial basis and assesses a periodic fee or charge for the goods or services after the end of the free trial period, must send to the consumer who […]

§ 311. Simulation of checks

It is an unlawful practice for any person to promote or advertise any business, product or interest in property by means of distributing documents designed to simulate checks or other negotiable instruments, unless such instrument has printed upon both the front and back, the following statement: “This is not a Check”. However, it is not […]

§ 312. Wholesale advertising

(a) A person may represent directly or by implication in any advertising that a person offers to sell or sells a particular article of merchandise at a wholesale price, if that person can substantiate significant savings on his price as compared to identical merchandise offered for sale by retailers in the trade area. However, it […]

§ 326. Regulations

(1) The Commissioner may adopt such rules and regulations, pursuant to title 3, chapter 35 as may be necessary to effectuate the purposes of this chapter, including regulations defining specific deceptive business practices. (2) The rules and regulations may supplement but may not be inconsistent with the rules, regulations and decisions of the Federal Trade […]

§ 327. Enforcement

The Department of Licensing and Consumer Affairs shall be responsible for the administration and enforcement of this chapter.

§ 328. Remedies of the Department of Licensing and Consumer Affairs

(a) The Department may bring: (1) An action to obtain a declaratory judgment that an act or practice violates this chapter. (2) An action to enjoin any person who has violated, is violating, or is otherwise likely to violate, this chapter. (3) An action on behalf of one or more consumers for the actual damages […]

§ 329. Assurance of voluntary compliance; settlements

The Commissioner may order mediation with respect to any method, act or practice found to be violative of this chapter from any person who has engaged in, is engaging in, or was about to engage in the method, act or practice. Evidence of a violation of a mediation agreement is prima facie evidence of a […]

§ 330. Powers of receiver

(a) When a receiver is appointed by the court under this chapter, the receiver shall have the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, chooses in action, bills, notes and property of every […]

§ 331. Private right of action

Any person or business that is injured by a deceptive trade practice may bring a class action to protect the rights of Virgin Islands consumers for compensatory, consequential, punitive and equitable damages. To protect the rights of Virgin Islands consumers and businesses, if a jury makes a finding of compensatory and/or consequential damages, these damages […]

§ 332. Recovery of costs

The court may award to a prevailing party, as part of the judgment, a sum equal to the aggregate amount of costs and expenses, including reasonable attorney’s fees based on actual time expended, determined by the court to have been reasonably incurred by the prevailing attorney for, or in connection with, the prosecution of the […]

§ 333. Exemptions

Nothing in this chapter applies to any of the following: (a) Actions or transactions specifically authorized by laws administered by any regulatory body or officer acting under statutory authority of this territory or the United States; (b) Acts done by the publisher, owner, agent, or employee of a newspaper, periodical or radio or television station […]