Nearly everyone has had a disappointing experience with a product or service. When the experience rises to the level of consumer fraud, you might be entitled to legal recourse.
Consumer fraud happens when businesses or individual people use deceptive practices that cause consumers financial harm. This could be a misleading advertisement, hidden fee, or a false promise. These tactics often leave victims feeling frustrated and unsure of their rights.
Virginia law provides important protections for consumers, and anyone who was subject to deceptive business practices may be entitled to compensation. However, holding businesses accountable requires understanding what qualifies as fraud and skilled legal advocacy. If you’ve been a victim of consumer fraud, the experienced consumer fraud attorneys at Surovell Isaacs & Levy PLC can fight to recover compensation on your behalf. Contact us for a free consultation to learn more about your legal options.
What Constitutes Consumer Fraud in Virginia?
Virginia consumer fraud is primarily governed by the Virginia Consumer Protection Act (VCPA). The Act prohibits a wide range of deceptive practices in connection with the sale, lease, or advertisement of goods and services.
The VCPA identifies more than 50 specific unlawful practices, including:
- Misrepresenting the quality, origin, or characteristics of a product or service
- Bait-and-switch tactics, such as when a seller advertises one product but pushes a more expensive or inferior substitute
- False or misleading advertising, including exaggerated claims or hidden terms
- Charging for services not provided or goods not delivered
- Failing to honor warranties, guarantees, or return policies as advertised
- Unauthorized billing or account activity
The VCPA applies to large companies as well as small businesses, landlords, and service providers. Victims of consumer fraud don’t have to prove that the business intended to deceive them, either. The only thing consumers must show is that the conduct was misleading and caused actual harm. “Actual harm” is often financial loss, but other types of harm apply.
In some cases, fraudulent business dealings may also violate federal laws like the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Truth in Lending Act (TILA), or Federal Trade Commission (FTC) regulations.
Understanding whether your experience meets the legal threshold for fraud is the first step to holding businesses accountable. A consumer fraud attorney from Surovell Isaacs & Levy PLC can evaluate your situation and explain your state and federal legal options.
Common Examples of Consumer Fraud
Consumer fraud happens more than you might expect. Some common examples include:
- Auto dealer fraud, such as misrepresenting a vehicle’s history or condition
- Debt collection abuses
- Home improvement scams, like taking payment and failing to deliver the promised goods or services
- Improper credit reporting and credit repair services
- Online purchase fraud, such as items never delivered, or that were not as advertised
- Predatory lending practices, including excessive fees, hidden terms
- Telemarketing and phishing scams
Not all consumer fraud is overt. The fraudulent conduct may be subtle or buried in fine print. It’s important to talk to a consumer fraud attorney to understand the full extent of the fraud and what recourse may be available.
Legal Remedies Available to Victims of Consumer Fraud
The Virginia Consumer Protection Act (VCPA) provides a private right of action, which allows individuals to file a lawsuit directly against the business or party responsible for the deceptive conduct.
Under Va. Code § 59.1-204, you may be entitled to several remedies. These include actual damages, which is the money you directly lost as a result of deceptive conduct. Successful plaintiffs may also receive attorneys’ fees and court costs. Finally, in rare cases, you may be eligible for treble damages. These are awarded to punish businesses for willful and particularly egregious behavior.
In addition to monetary damages, you may also seek injunctive relief. For example, a court can issue an injunction to stop ongoing deceptive or fraudulent practices. This helps protect you, as well as future consumers who might be affected.
If the fraudulent conduct also violates federal statutes, such as the FCRA, FDCPA, or TILA, additional remedies may be available. These remedies frequently include statutory damages, punitive damages, and enforcement actions brought by federal agencies.
However, it’s important to distinguish between a private cause of action and a regulatory action. A private action is initiated by the consumer directly, typically with an attorney’s assistance. In contrast, regulatory agencies like the Virginia Attorney General’s Office or the FTC may bring enforcement actions against companies engaged in widespread or systemic fraud.
While these actions can result in penalties or court orders, they don’t always result in direct compensation to individual consumers. Filing a private lawsuit is the best way to recover direct, personalized relief.
How a Consumer Fraud Attorney from Surovell Isaacs & Levy PLC Can Help
Consumer fraud cases often involve complex facts, technical legal standards, and opponents with significant resources. Having an experienced attorney on your side can make a significant difference in how your case is handled and resolved.
Our skilled consumer protection attorneys can:
- Investigate the facts and gather key documentation, such as receipts, contracts, emails, advertisements, or billing statements
- Determine whether VCPA or federal violations have occurred
- Explain potential risks, legal defenses, and the likelihood of recovery based on your specific circumstances
- Send demand letters and initiate pre-suit negotiations to attempt to resolve the matter without litigation
- Represent you in court in an individual lawsuit
- Coordinate with enforcement agencies, including the Virginia Attorney General’s Consumer Protection Section, when appropriate
- Demand attorneys’ fees under the VCPA to level the playing field, particularly when dealing with large or corporate defendants
However, timing is key. Under Virginia law, you have two years from the date the fraud was discovered (or should have been discovered) to file a state claim. If this window closes, your claim may be barred.
Delaying legal action can also make it harder to gather the necessary evidence to prove your case. Documents may be lost, electronic records deleted, and memories quickly fade. Early legal representation can help preserve your rights and protect you from possible retaliation or further financial harm.
Why Choose Surovell Isaacs & Levy PLC for Your Consumer Fraud Claim?
The consumer fraud attorneys at Surovell Isaacs & Levy PLC are committed to protecting consumers from deceptive and unlawful business practices. Backed by over four decades of experience, we strategically advocate for consumers across Northern Virginia. Our firm has a deep understanding of the VCPA and related federal statutes, allowing us to pursue claims against individuals, businesses, and large corporations.
Surovell Isaacs & Levy PLC takes pride in holding companies accountable and pursuing fair outcomes. Whether we can help recover damages, stop ongoing fraud, or prevent future harm, we’re ready to review your claim and take appropriate action on your behalf.
Contact Our Fairfax Consumer Fraud Attorneys
If you believe you were defrauded, help is available. Let our experienced team help you protect your rights and seek the justice you deserve. Contact Surovell Isaacs & Levy PLC for a free, confidential consultation.