A. Any consumer aggrieved by the actions of a (i) tow truck driver for an alleged violation of subsection A of § 46.2-118 or § 46.2-1217, 46.2-1231, or 46.2-1233.1 or (ii) towing and recovery operator for an alleged violation of subsection B of § 46.2-118 or § 46.2-1217, 46.2-1231, or 46.2-1233.1 may file a complaint with the Division of Consumer Counsel of the Office of the Attorney General for appropriate action in accordance with this section and any other applicable law.
B. The Attorney General may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth to enjoin any violation of § 46.2-118, 46.2-1217, 46.2-1231, or 46.2-1233.1. The circuit court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law. In any action under this section, it shall not be necessary that damages or intent be proved to establish a violation. The standard of proof at trial shall be a preponderance of the evidence. The circuit court may issue temporary or permanent injunctions to restrain and prevent violations of § 46.2-118, 46.2-1217, 46.2-1231, or 46.2-1233.1.
C. In any action brought under this section, the Attorney General may recover damages and such other relief allowed by law, including restitution on behalf of consumers injured by violations of § 46.2-118, 46.2-1217, 46.2-1231, or 46.2-1233.1, as well as costs and reasonable expenses incurred by the Commonwealth in investigating and preparing the case, including attorney fees.
2012, cc. 803, 835.
Structure Code of Virginia
Chapter 1 - General Provisions
§ 46.2-100.1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 46.2-101. Applicability of title to vehicles on certain toll roads and parking facilities
§ 46.2-103. Stopping vehicles for inspection or to secure information
§ 46.2-105. Making false affidavit or swearing falsely, perjury
§ 46.2-105.2. Obtaining documents from the Department when not entitled thereto; penalty
§ 46.2-106. Reciprocal agreements entered into by Governor
§ 46.2-107. Lists of vehicles used for rent or hire, or by contract carriers
§ 46.2-110. Right to inspect vehicles in garages
§ 46.2-111. Flares and other signals relating to stopped commercial motor vehicles
§ 46.2-112. Tampering with odometer; penalty; civil liability
§ 46.2-113. Violations of this title; penalties
§ 46.2-114. Disposition of fines and forfeitures
§ 46.2-115. Inapplicability of title on Tangier Island; adoption of local ordinances; penalties
§ 46.2-118. Prohibited acts by tow truck drivers and towing and recovery operators