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Can I offer a money-back guarantee for my product or service in Virginia? What are the requirements?
Money-back Guarantee Requirements in Virginia
In Virginia, businesses can offer money-back guarantees for their products or services, but they must comply with the Virginia Consumer Protection Act (VCPA) [1.1]. The VCPA requires businesses to not engage in any deceptive or unfair trade practices, including false advertising or misrepresenting the terms of a money-back guarantee [1.1]. Therefore, businesses must ensure that their money-back guarantee policies are clear, accurate, and not misleading.
If a business offers a money-back guarantee, it must honor the terms of the guarantee. If a customer requests a refund within the specified time frame and meets the conditions of the guarantee, the business must provide a full refund [1.1].
Additional Requirements
In addition to complying with the VCPA, businesses must also comply with other state and federal laws and regulations applicable to the conduct of their business [2.1]. For example, businesses that offer money transmission services must file and continuously maintain a surety bond that meets the requirements of § 6.2-1523.3 of the Code of Virginia [3.2]. The minimum bond amount required is $25,000 [3.2].
Conclusion
In summary, businesses in Virginia can offer money-back guarantees for their products or services, but they must comply with the VCPA and ensure that their policies are clear and accurate. If a business offers a money-back guarantee, it must honor the terms of the guarantee and provide a full refund if the customer meets the conditions of the guarantee. Additionally, businesses must comply with other state and federal laws and regulations applicable to the conduct of their business, such as filing and maintaining a surety bond for money transmission services.
Source(s):
- [1.1] Making automatic renewal or continuous service offer to consumer; affirmative consent required; disclosures; prohibited conduct
- [2.1] Acquisitions; additional business requirements and restrictions; operating rules
- [3.2] Surety bond; other requirements for licensees; acquisitions
Jurisdiction
Virginia