Legislative Update

Consumer Protection

Bills Committee Last action Date
HB 6 - Rasoul - Security freezes; elimination of fees. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Prohibits a credit reporting agency from requiring a consumer to pay a fee to place a security freeze on the consumer's credit report. Currently, a consumer may be required to pay a fee of no more than $10 to place a security freeze on his credit report. Victims of identity theft are currently exempt from the fee.
HB 47 - Krizek - Payday Lending Prohibition Act; penalties. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Prohibits any person from engaging in any business that consists in whole or in part of making, offering, arranging, or acting as an agent in the making of loans on the security of (i) a check or other draft drawn on the account of an individual at a bank, savings institution, or credit union; (ii) any form of assignment of an interest in the account of an individual at a bank, savings institution, or credit union; or (iii) any form of assignment of income payable to an individual, other than loans based on income tax refunds. The prohibition does not apply to certain lenders subject to the general supervision of or subject to examination by the State Corporation Commission or to banks, savings institutions, or credit unions operating under the laws of the United States or any state. A violation is a Class 1 misdemeanor. Violators are also subject to civil penalties, cease and desist orders, and private actions. Violations are a prohibited practice under the Virginia Consumer Protection Act. Existing provisions providing for the licensing and regulation of payday lenders are repealed.
HB 48 - Krizek - Charitable solicitations; registration statement. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0268)03/09/18
notes: Removes the requirement that a charitable organization include in its annual registration statement a statement indicating the percentage of contributions received during the preceding fiscal year that was dedicated to the charitable purpose of the charitable organization.
HB 86 - Bulova - Security freezes; elimination of fees. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Prohibits a credit reporting agency from requiring a consumer to pay a fee to place a security freeze on the consumer's credit report. Currently, a consumer may be required to pay a fee of no more than $10 to place a security freeze on his credit report. Victims of identity theft are currently exempt from the fee.
HB 194 - Yancey - Campaign finance; disclosure of all contributors. (H) Committee on Privileges and Elections(H) Left in Privileges and Elections02/13/18
notes: Requires all campaign finance reports to itemize each contributor and disclose certain information regardless of the amount of the contribution. Currently, such disclosure is required only for contributors who have contributed in excess of an aggregated amount, depending on the committee making the report, within a period of time. The information included on required campaign finance reports is made available to the public via the State Board of Elections's campaign finance database.
HB 223 - Krizek - Virginia Human Rights Act; limitations on causes of action. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Allows courts to award front pay in addition to back pay as damages for discharging an employee in violation of the Virginia Human Rights Act ( 2.2-3900 et seq.). The bill also removes the time period limitation on the amount of back pay awarded, allows courts to increase or diminish the award if the court finds that either party engaged in delay tactics, and increases the cap on attorney fees awarded from 25 percent of the back pay awarded to 40 percent of the back pay and front pay awarded.
HB 226 - Stolle - Patients; medically or ethically inappropriate care not required. (H) Committee for Courts of Justice

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0368)03/19/18
notes: Establishes a process whereby a physician may cease to provide health care that has been determined to be medically or ethically inappropriate for a patient.
HB 266 - Turpin - Hate crimes; gender, gender identity, or sexual orientation, penalty. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Adds gender, gender identity, and sexual orientation to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also adds gender, gender identity, and sexual orientation status to the categories of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police. The bill provides that a person who is subjected to acts of vandalism to his real or personal property, where such vandalism is motived by gender, gender identity, or sexual orientation, may bring a civil action to recover his damages. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of gender, gender identity, or sexual orientation.
HB 621 - Bell, Robert B. - Cobalt poisoning; notice to patients of risk. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Notice to patients of risk of cobalt poisoning.
HB 651 - Murphy - Protective orders; possession of firearms, penalty. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) to possess a firearm while the order is in effect. Under current law, only a person subject to a permanent protective order for family abuse is prohibited from possessing a firearm while the order is in effect.
HB 661 - Murphy - Assault and battery against a family or household member; enhanced penalty. (H) Committee for Courts of Justice

(S) Committee on Finance
(H) Failed to pass03/10/18
notes: Provides that the deferral and dismissal of a first offense of assault and battery against a family or household member will be treated as a prior conviction for the purpose of determining whether a person is eligible for the enhanced Class 6 felony penalty for assault and battery against a family or household member, which applies on the basis of a person's prior convictions.
HB 718 - Plum - Hate crimes; criminal acts against persons because of gender, etc. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Adds disability, gender, gender identity, and sexual orientation to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also adds disability, gender, gender identity, and sexual orientation status to the categories of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police. The bill also provides that a person who is subjected to acts of vandalism to his real or personal property, where such vandalism is motived by disability, gender, gender identity, and sexual orientation, may bring a civil action to recover his damages. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of disability, gender, gender identity, sexual orientation.
HB 719 - Plum - Hate crimes; immigration status, civil action, penalty. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Adds immigration status to the bases of a victim's intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property that result in a higher criminal penalty for the offense. The bill also adds immigration status to the bases of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police. The bill also provides that a person who is subjected to acts of (i) intimidation or harassment, (ii) violence, or (iii) vandalism to his real or personal property, where such act is motived by animosity toward a person's immigration status, may bring a civil action to recover his damages. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of immigration status.
HB 722 - Plum - Property Owners' Association Act; action of the board of directors. (H) Committee on General Laws(H) Left in General Laws02/13/18
notes: Prohibits the board of directors of any property owners' association from taking any action that has not been approved in an open meeting.
HB 744 - Leftwich - Protective orders, preliminary; contents of order. (H) Committee for Courts of Justice(H) Failed to report (defeated) in Courts of Justice (7-Y 11-N)02/05/18
notes: Provides that if a preliminary protective order is issued in an ex parte hearing where the petition for the order is supported by sworn testimony and not an affidavit or a form completed by a law-enforcement officer that includes a statement of the grounds for the order, the court issuing the order shall state in the order the basis on which the order was entered, including a summary of the allegations made and the court's findings.
HB 956 - Yancey - Payday loans; changes minimum term from two of the borrower's pay cycles to six months. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Changes the minimum term of a payday loan from two of the borrower's pay cycles to six months. The measure reduces the maximum amount of the loan fee that a licensee may charge from 20 percent of the total amount borrowed to 20 percent of the amount of the first $300 borrowed and 7.5 percent of any amount borrowed in excess of $300. The measure entitles a borrower to a refund of unearned interest and loan fee if the loan is prepaid in full prior to maturity. The measure adds a requirement that borrowers be given the option of structuring a payday loan as an installment loan payable in substantially equal monthly installments. The measure retains the provision authorizing a borrower to pay any outstanding single payment payday loan by means of an extended payment plan. The measure eliminates the existing provision that authorizes a borrower with five payday loans within 180 days to repay such fifth loan as an extended term loan in four installments over 60 days. The measure prohibits a licensee from refinancing or renewing an existing payday loan or amending the terms of an existing payday loan agreement in order to extend the term of the existing payday loan beyond its original term more than once. The measure allows a person to have more than one payday loan outstanding at any time if his aggregate principal amount does not exceed $500 and there is at least a 30-day period between the dates each payday loan is made. The measure prohibits a licensee from making a payday loan if the purpose of the loan is to enable the borrower to pay off a payday loan made by the licensee or another payday lender. Finally, the measure revises the existing provision that bars a licensee from making a new loan to a borrower on the same day that the borrower repaid a payday loan
HB 985 - Gilbert - Unlawful creation of image of another; incapacitated adult, penalty. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Provides that knowingly and intentionally creating a videographic or still image of a nonconsenting person if such person is totally nude, clad in undergarments, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast or if the recording device was positioned directly beneath or between such person's legs is punishable as a Class 6 felony if the nonconsenting person is an incapacitated adult. The bill provides that any person who, without authorization and with the intent to coerce, harass, or intimidate, maliciously disseminates or sells a videographic or still image of an incapacitated adult who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, is guilty of a Class 6 felony.
HB 1074 - Heretick - Protective orders; reciprocal no contact provisions. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Provides that any protective order that prohibits contacts by the respondent with the petitioner may also include a provision prohibiting contacts by the petitioner with the respondent.
HB 1232 - Hayes - Security freezes; fees. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Prohibits a credit reporting agency from requiring a consumer to pay a fee to place a security freeze on the consumer's credit report if the consumer has not previously requested the placement of a security freeze from the consumer reporting agency. Currently, a consumer may be required to pay a fee of no more than $10 to place a security freeze on his credit report. The measure does not prohibit a consumer reporting agency from charging a fee to temporarily lift or to remove a security freeze or to place a security freeze on the consumer's credit report if it is the second or subsequent request for placement of a security freeze. Victims of identity theft are currently exempt from the fee.
HB 1248 - Kilgore - SCC; regulation of consumer finance companies. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Updates several administrative provisions regarding the regulation of consumer finance companies by the State Corporation Commission's Bureau of Financial Institutions (Bureau). These provisions include matters relating to the licensing process, license suspension and revocation, conducting other types of business, investigations, examinations, fees, recordkeeping, civil penalties, reporting, and enforcement, including the issuance by the Attorney General of civil investigative demands. The measure adds a bonding requirement and authorization to issue cease and desist orders. The measure replaces the existing system under which a separate license is issued by the Bureau for each office in the Commonwealth where a person makes consumer finance loans to one that provides for the issuance of a single license to a consumer finance company, which may allow it to make loans at multiple locations. The measure also authorizes the Bureau to license out-of-state consumer finance companies, including lenders that operate via the Internet. The measure has a delayed effective date of January 1, 2019, and requires the Bureau to establish a procedure that allows applicants to apply for licensure prior to that date. An enactment clause authorizes the Bureau to issue a new license to currently licensed consumer finance companies in good standing upon compliance with the new bonding requirements.
HB 1335 - Bourne - Protective orders; issuance upon convictions for certain felonies, penalty. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Authorizes a court to issue a protective order upon convicting a defendant for a felony offense of (i) violating a protective order, (ii) homicide set forth in Article 1 ( 18.2-30 et seq.) of Chapter 4 of Title 18.2, (iii) kidnapping set forth in Article 3 ( 18.2-47 et seq.) of Chapter 4 of Title 18.2, (iv) assaults and bodily woundings set forth in Article 4 ( 18.2-51 et seq.) of Chapter 4 of Title 18.2, (v) extortion set forth in Article 6 ( 18.2-59 et seq.) of Chapter 4 of Title 18.2, or (vi) criminal sexual assault set forth in Article 7 ( 18.2-61 et seq.) of Chapter 4 of Title 18.2. The bill provides that the duration of such protective order can be for any period of time, including up to the lifetime of the defendant, that the court deems necessary to protect the health and safety of the victim and may only prohibit (a) acts of family abuse or of violence, force, or threat against the victim or criminal offenses that may result in injury to the person or property of the victim and (b) such contacts by the defendant with the victim as the court deems necessary for the health or safety of the victim. The bill provides that a violation of a protective order issued upon conviction of one of the enumerated offenses is punishable as contempt of court or in the same manner as criminal violations of other protective orders are punished.
HB 1588 - Convirs-Fowler - Virginia Consumer Protection Act; notice of data breach. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Makes the failure by a consumer reporting agency to disclose within 15 days a breach of the security of a computerized data system, when such disclosure is required by 18.2-186.6, a prohibited practice under the Virginia Consumer Protection Act.
SB 16 - Petersen - Security freezes; fees for placing on a consumer's credit report. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(G) Acts of Assembly Chapter text (CHAP0303)03/19/18
notes: Prohibits a credit reporting agency from requiring a consumer to pay a fee to place a security freeze on the consumer's credit report. Currently, a consumer may be required to pay a fee of no more than $10 to place a security freeze on his credit report. Victims of identity theft are currently exempt from the fee.
SB 18 - Spruill - Security freezes; fees. (S) Committee on Commerce and Labor(S) Incorporated by Commerce and Labor (SB16-Petersen) (11-Y 0-N)02/07/18
notes: Prohibits a credit reporting agency from requiring a consumer to pay a fee to place a security freeze on the consumer's credit report if the consumer has not previously requested the placement of a security freeze from the consumer reporting agency. Currently, a consumer may be required to pay a fee of no more than $10 to place a security freeze on his credit report. The measure does not prohibit a consumer reporting agency from charging a fee to temporarily lift or to remove a security freeze or to place a security freeze on the consumer's credit report if it is the second or subsequent request for placement of a security freeze. Victims of identity theft are currently exempt from the fee.
SB 22 - Surovell - Security freezes; elimination of fees. (S) Committee on Commerce and Labor(S) Incorporated by Commerce and Labor (SB16-Petersen) (11-Y 0-N)02/07/18
notes: Prohibits a credit reporting agency from requiring a consumer to pay a fee to place a security freeze on the consumer's credit report. Currently, a consumer may be required to pay a fee of no more than $10 to place a security freeze on his credit report. Victims of identity theft are currently exempt from the fee.
SB 62 - Favola - Security freezes; elimination of fees. (S) Committee on Commerce and Labor(S) Incorporated by Commerce and Labor (SB16-Petersen) (11-Y 0-N)02/07/18
notes: Prohibits a credit reporting agency from requiring a consumer to pay a fee to place a security freeze on the consumer's credit report. Currently, a consumer may be required to pay a fee of no more than $10 to place a security freeze on his credit report. Victims of identity theft are currently exempt from the fee.
SB 95 - Surovell - Security freezes; protected consumer, proof of authority, (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(G) Acts of Assembly Chapter text (CHAP0480)03/23/18
notes: Raises the age of eligibility for someone to qualify as a "protected consumer" from 16 to 18. The measure also clarifies that if the protected consumer is under age 18 sufficient proof of authority may be a birth certificate and if the protected consumer is an incapacitated person for whom a guardian or conservator has been appointed sufficient proof of authority may be a court order.
SB 269 - Black - Medicare patients; patient notice of observation or outpatient status. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0194)03/05/18
notes: Provides that, for Medicare patients placed in observation or outpatient status, any hospital that provides a written notice and an oral explanation of such notice to the patient that satisfies the federal requirements for such notice shall be deemed to have satisfied Virginia's requirements for such notice. The bill also extends the timeframe for the provision of the notice required by current law from 24 hours to 36 hours.
SB 271 - Howell - Income tax return; notification of data breach, taxpayer identity information. (H) Committee on Finance

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0360)03/19/18
notes: Requires paid income tax return preparers to notify the Department of Taxation within a reasonable time period if they discover that an unauthorized person has accessed a taxpayer's return information. The bill defines return information and provides that it does not include publicly available information.
SB 272 - Petersen - Construction Trust Act; moneys paid under a contract by an owner to a contractor. (S) Committee for Courts of Justice(S) Continued to 2019 in Courts of Justice (15-Y 0-N)01/31/18
notes: Provides that any moneys paid under a contract by an owner to a contractor, or by the owner or contractor to a subcontractor for work done or materials furnished for or about a building by any subcontractor, shall be strictly accounted for and held in trust by the contractor or subcontractor, as trustee, for those subcontractors who did work or furnished materials, for purposes of paying those subcontractors. Under the bill, any officer, director, or managing agent of any contractor or subcontractor who knowingly retains or uses such moneys held in trust for any purpose other than to pay the subcontractors for whom the moneys are held in trust shall be personally liable to any person damaged by the action and for reasonable attorney fees incurred.
SB 563 - Obenshain - Unlawful creation of image of another; incapacitated adult, penalty. (S) Committee on Finance(S) Passed by indefinitely in Finance (16-Y 0-N)01/31/18
notes: Provides that knowingly and intentionally creating a videographic or still image of a nonconsenting person if such person is totally nude, clad in undergarments, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast or if the recording device was positioned directly beneath or between such person's legs is punishable as a Class 6 felony if the nonconsenting person is an incapacitated adult. The bill provides that any person who, without authorization and with the intent to coerce, harass, or intimidate, maliciously disseminates or sells a videographic or still image of an incapacitated adult who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, is guilty of a Class 6 felony.
SB 629 - Surovell - State Corporation Commission; disclosures of information provided by financial institutions. (S) Committee on Commerce and Labor(S) Passed by indefinitely in Commerce and Labor (12-Y 1-N)01/29/18
notes: Provides that the scope of the prohibition on the State Corporation Commission's disclosure of personal information does not encompass any information pertaining to an individual's ownership interest in a person regulated under Title 6.2 (Financial Institutions and Services). The measure excludes from the prohibition any information pertaining to the business of a sole proprietorship or mortgage loan originator regulated under Title 6.2. The measure also provides that an annual report or other periodic written report filed with the Bureau of Financial Institutions by a licensed nondepository institution is not confidential and shall be available for public inspection, subject to the same limitation regarding the disclosure of an individual's personal information.
SB 875 - Mason - Assisted living facilities; regulations governing staff. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rules
(G) Acts of Assembly Chapter text (CHAP0686)03/30/18
notes: Directs the State Board of Social Services to amend regulations governing staffing of assisted living facilities that provide care for adults with serious cognitive impairments to allow an exception to certain requirements for assisted living facilities that are licensed for 10 or fewer residents if no more than three of the residents have serious cognitive impairments.
SB 952 - Stuart - Protective orders; issuance upon convictions for certain felonies, penalty. (S) Committee on Finance(S) Continued to 2019 in Finance (14-Y 1-N)02/07/18
notes: Authorizes a court to issue a protective order upon convicting a defendant for a felony offense of (i) violating a protective order, (ii) homicide set forth in Article 1 ( 18.2-30 et seq.) of Chapter 4 of Title 18.2, (iii) kidnapping set forth in Article 3 ( 18.2-47 et seq.) of Chapter 4 of Title 18.2, (iv) assaults and bodily woundings set forth in Article 4 ( 18.2-51 et seq.) of Chapter 4 of Title 18.2, (v) extortion set forth in Article 6 ( 18.2-59 et seq.) of Chapter 4 of Title 18.2, or (vi) criminal sexual assault set forth in Article 7 ( 18.2-61 et seq.) of Chapter 4 of Title 18.2. The bill provides that the duration of such protective order can be for any period of time, including up to the lifetime of the defendant, that the court deems necessary to protect the health and safety of the victim and may only prohibit (a) acts of family abuse or of violence, force, or threat against the victim or criminal offenses that may result in injury to the person or property of the victim and (b) such contacts by the defendant with the victim as the court deems necessary for the health or safety of the victim. The bill provides that a violation of a protective order issued upon conviction of one of the enumerated offenses is punishable as contempt of court or in the same manner as criminal violations of other protective orders are punished.
« Return to Legislative Categories