A. Unless exempted from the provisions of this chapter pursuant to § 6.2-2202:
1. No person shall engage in the business of making motor vehicle title loans to residents of the Commonwealth or to any individuals in the Commonwealth, whether or not the person has a location in the Commonwealth, except in accordance with the provisions of this chapter and without having first obtained a license under this chapter from the Commission;
2. No person shall engage in the business of arranging or brokering motor vehicle title loans for residents of the Commonwealth, or any individuals in the Commonwealth, whether or not the person has a location in the Commonwealth; and
3. Any loan made in violation of this section is void, and no person shall have the right to collect, receive, or retain any principal, interest, fees, or other charges in connection with the loan.
B. The provisions of subsection A shall apply to any person who seeks to evade its application by any device, subterfuge, or pretense whatsoever, including:
1. The loan, forbearance, use, or sale of (i) credit, as guarantor, surety, endorser, comaker, or otherwise; (ii) money; (iii) goods; or (iv) things in action;
2. The use of collateral or related sales or purchases of goods or services, or agreements to sell or purchase, whether real or pretended; receiving or charging compensation for goods or services, whether or not sold, delivered, or provided; and
3. The real or pretended negotiation, arrangement, or procurement of a loan through any use or activity of a third person, whether real or fictitious.
2010, c. 477, § 6.1-481; 2011, c. 418; 2020, cc. 1215, 1258.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
Chapter 22 - Motor Vehicle Title Loans
§ 6.2-2203. Application for license; form; content; fee
§ 6.2-2205. Investigation of applications
§ 6.2-2207. Licenses; places of business; changes
§ 6.2-2208. Acquisition of control; application
§ 6.2-2209. Retention of books, accounts, and records
§ 6.2-2211. Other reporting requirements
§ 6.2-2212. Investigations; examinations
§ 6.2-2215. Required and prohibited business methods
§ 6.2-2215.1. Loan terms and conditions
§ 6.2-2216. Authorized fees and charges
§ 6.2-2216.1. Inflation adjustment of maximum monthly maintenance fee
§ 6.2-2216.2. Refinancing of motor vehicle title loan
§ 6.2-2216.3. Statement of balance due; repayment and refunds
§ 6.2-2216.4. Restriction on certain fees and charges
§ 6.2-2216.5. Verification of borrower's income
§ 6.2-2217. Limited recourse; repossession and sale of motor vehicle
§ 6.2-2219. Suspension or revocation of license
§ 6.2-2220. Cease and desist orders
§ 6.2-2221. Notice of proposed suspension or revocation
§ 6.2-2222. Fines for violations
§ 6.2-2224. Validity of noncompliant loan agreement; private right of action
§ 6.2-2225. Application of chapter to Internet loans
§ 6.2-2226. Authority of Attorney General; referral by Commission to Attorney General
§ 6.2-2227. Violation of the Virginia Consumer Protection Act