(a) Any person, firm, corporation or association who in any manner advertises or offers for sale to the public any merchandise, goods, commodity, service or thing with intent not to sell, or with intent not to sell at the price or upon the terms advertised or offered, shall be guilty of a Class 1 misdemeanor.
(b) In any prosecution or civil action under this section, the refusal by any person, firm, corporation or association or any employee, agent or servant thereof to sell, or the refusal to sell at the price or upon the terms advertised or offered, any merchandise, goods, commodity, service or thing advertised or offered for sale to the public, shall be prima facie evidence of a violation of this section; provided, that this subsection shall not apply when it is clearly stated in the advertisement or offer by which such merchandise, goods, commodity, service or thing is advertised or offered for sale to the public, that the advertiser or offeror has a limited quantity or amount of such merchandise, goods, commodity, service or thing for sale, and the advertiser or offeror at the time of such advertisement or offer did in fact have at least such quantity or amount for sale.
Code 1950, § 59.1-45; 1968, c. 439; 1972, c. 217; 1975, cc. 14, 15.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 6 - Crimes Involving Fraud
§ 18.2-168. Forging public records, etc.
§ 18.2-169. Forging, or keeping an instrument for forging, a seal
§ 18.2-170. Forging coin or bank notes
§ 18.2-171. Making or having anything designed for forging any writing, etc.
§ 18.2-172. Forging, uttering, etc., other writings
§ 18.2-172.1. Falsifying or altering and fraudulently using transcripts or diplomas; penalty
§ 18.2-172.2. Maliciously affixing another's signature to writing; penalty
§ 18.2-173. Having in possession forged coin or bank notes
§ 18.2-174. Impersonating law-enforcement officer; penalty
§ 18.2-174.1. Impersonating certain public safety personnel; penalty
§ 18.2-177. Illegal use of insignia
§ 18.2-177.1. False representation of military status; penalty
§ 18.2-178. Obtaining money or signature, etc., by false pretense
§ 18.2-178.1. Financial exploitation of vulnerable adults; penalty
§ 18.2-178.2. Financial exploitation by an agent; penalty
§ 18.2-179. Unlawful operation of coin box telephone, parking meter, vending machine, etc.
§ 18.2-180. Manufacture, etc., of slugs, etc., for such unlawful use
§ 18.2-181. Issuing bad checks, etc., larceny
§ 18.2-181.1. Issuance of bad checks
§ 18.2-182.1. Issuing bad checks in payment of taxes
§ 18.2-184. Presumption as to notation attached to check, draft or order
§ 18.2-185. Evidence and presumptions in malicious prosecution actions after issuance of bad check
§ 18.2-186. False statements to obtain property or credit
§ 18.2-186.3. Identity theft; penalty; restitution; victim assistance
§ 18.2-186.3:1. Identity fraud; consumer reporting agencies; police reports
§ 18.2-186.4. Use of a person's identity with the intent to coerce, intimidate, or harass; penalty
§ 18.2-186.4:1. Internet publication of personal information of certain public officials
§ 18.2-186.6. Breach of personal information notification
§ 18.2-187.2. Audiovisual recording of motion pictures unlawful; penalty
§ 18.2-188. Defrauding hotels, motels, campgrounds, boardinghouses, etc.
§ 18.2-188.1. Defrauding person having a lien on an animal; penalty
§ 18.2-189. Defrauding keeper of motor vehicles or watercraft
§ 18.2-190. Fraudulent misrepresentation as to breed of bull or cattle
§ 18.2-190.3. Sale of an unlawful electronic communication device; penalty
§ 18.2-190.4. Manufacture of an unlawful electronic communication device; penalty
§ 18.2-190.5. Separate offenses; penalty
§ 18.2-190.8. Civil relief; damages
§ 18.2-193. Credit card forgery
§ 18.2-194. Unauthorized possession of two or more signed credit cards or credit card numbers
§ 18.2-195. Credit card fraud; conspiracy; penalties
§ 18.2-195.1. Credit card factoring
§ 18.2-195.2. Fraudulent application for credit card; penalties
§ 18.2-196. Criminal possession of credit card forgery devices
§ 18.2-196.1. Unlawful use of payment card scanning devices and re-encoders; penalty
§ 18.2-197. Criminally receiving goods and services fraudulently obtained
§ 18.2-198. Obtaining airline, railroad, steamship, etc., ticket at discount price
§ 18.2-199. Penalties for violation of article
§ 18.2-200. Failure to perform promise to deliver crop, etc., in return for advances
§ 18.2-200.1. Failure to perform promise for construction, etc., in return for advances
§ 18.2-201. Advances secured by fraudulent promise to perform agricultural labor
§ 18.2-204. False statement for the purpose of defrauding industrial sick benefit company
§ 18.2-204.1. Fraudulent use of birth certificates, etc.; penalty
§ 18.2-206. Procuring an animal, aircraft, vehicle or boat with intent to defraud
§ 18.2-207. Making false entry, etc., in marriage register, etc.
§ 18.2-208. Making false statement, etc., for marriage record, etc.
§ 18.2-209. False publications
§ 18.2-209.1. Penalties for false certificate or failure to give bond
§ 18.2-213. Simulation of warrants, processes, writs and notices
§ 18.2-213.2. Filing false lien or encumbrance against another
§ 18.2-214. Changing or removing, etc., trademarks, identification marks, etc.
§ 18.2-216. Untrue, deceptive or misleading advertising, inducements, writings or documents
§ 18.2-216.1. Unauthorized use of name or picture of any person; punishment
§ 18.2-218. Failure to indicate goods, etc., are "seconds," "irregulars," "secondhand," etc.
§ 18.2-220. Use of word "wholesale" or "wholesaler."
§ 18.2-221. Advertising new or used automobiles or trucks
§ 18.2-222. Misrepresentation as to source of merchandise; penalty
§ 18.2-223. "Going out of business" sales; permit required
§ 18.2-225. Misrepresentations as to agricultural products
§ 18.2-227. Same; sale from pump indicating other brand
§ 18.2-228. Same; imitating indicia of other brands
§ 18.2-229. Same; false trade name or mixing brands
§ 18.2-230. Same; assisting in violation of §§ 18.2-226 through 18.2-229
§ 18.2-231. Same; label required
§ 18.2-232. Same; punishment for violation of §§ 18.2-226 through 18.2-231
§ 18.2-233. Sale of goods marked "sterling" and "sterling silver."
§ 18.2-234. Sale of goods marked "coin" and "coin silver."
§ 18.2-235. Regulating sale of merchandise made of gold
§ 18.2-237. Buying, etc., certain secondhand materials; intent; possession
§ 18.2-238. Buying, etc., pig iron, etc., with intent to defraud; possession; evidence of intent
§ 18.2-239. Pyramid promotional schemes; misdemeanor; definitions; contracts void
§ 18.2-241. Acceptance of promissory notes in payment for food sold at retail
§ 18.2-242. Use of games, lotteries, etc., for promoting sale of certain products
§ 18.2-243. When issuer or distributor of advertisements not guilty of violation; inadvertent error
§ 18.2-244. Right to select clientele or customers not affected
§ 18.2-245. Enjoining violation of this article
§ 18.2-246. Penalty in general for violations
§ 18.2-246.3. Money laundering; penalties
§ 18.2-246.7. Requirements for delivery sales
§ 18.2-246.8. Age verification requirements
§ 18.2-246.9. Disclosure requirements
§ 18.2-246.10. Shipping requirements
§ 18.2-246.11. Registration and reporting requirements
§ 18.2-246.12. Collection of taxes
§ 18.2-246.13. Civil penalties; penalties
§ 18.2-246.14. Counterfeit cigarettes; penalty; civil penalty