A. An educational institution or student-athlete may bring an action for damages against an athlete agent if the institution or student-athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student-athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student-athlete at the time of the act or omission and enrolled in the institution (i) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports or (ii) suffers financial damage.
B. A plaintiff that prevails in an action under this section may recover actual damages, punitive damages, costs, and reasonable attorney fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student-athlete and shall refund any consideration paid to the agent by or on behalf of the student-athlete.
C. A violation of this chapter also shall constitute a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
D. The Director may assess a civil penalty against an athlete agent not to exceed $50,000 for a violation of this chapter.
2020, c. 481, § 54.1-533.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
§ 54.1-527. Authority; procedure
§ 54.1-528. Athlete agent; registration required; void contract
§ 54.1-530. Certificate of registration; issuance or denials; renewal
§ 54.1-531. Suspension, revocation, or refusal to renew registration
§ 54.1-532. Temporary registration
§ 54.1-533. Registration and renewal fees
§ 54.1-534. Required form of agency contract
§ 54.1-535. Notice to educational institution
§ 54.1-536. Student-athlete's right to cancel
§ 54.1-538. Prohibited conduct
§ 54.1-540. Civil remedy; penalty
§ 54.1-541. Uniformity of application of construction
§ 54.1-542. Relation to Electronic Signatures in Global and National Commerce Act