The Division of Consumer Counsel, Office of the Attorney General ("Consumer Counsel"), presents the following clarifications and suggestions to the Consumer, Environment & Education Draft dated 12/31/98.

§ 56-589 E. The Commission shall establish a complaint bureau for the purpose of receiving, reviewing and investigating complaints by retail customers against licensed suppliers, aggregators and other providers of any services made competitive under this chapter. Upon request by any interested person or the Attorney General, or upon its own motion, tThe Commission shall be authorized to inquire into possible violations of this chapter and to enjoin or punish any violations thereof pursuant to its authority under this chapter, this title, and under Title 12.1 (§ 12.1-1 et seq.). The Attorney General shall have a right to participate in such proceedings consistent with the Commission's Rules of Practice and Procedure.

The above additions clarify that: (1) an interested party or the Attorney General may request a Commission investigation; and (2) the Attorney General maintains its right to participate in such proceedings.

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§ 56-589.1 Retail customers private right of action Actions for damages; marketing practices.

B. Upon referral from the Commission: The Attorney General, the attorney for the Commonwealth, or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit court for relief of violations of subsection C of § 56-589, including any rule or regulation adopted by the Commission pursuant thereto.

BC. Notwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person or governmental agency initiating such action also may be awarded reasonable attorney's fees and court costs.

[renumber remaining sections]

The Virginia Consumer Protection Act ("CPA") permits, among other things: (1) the imposition of injunctions and penalties; (2) individual actions to recover damages; and (3) governmental actions to recover damages for identifiable persons, along with attorney's fees. The drafting group's current legislation encompasses (1) and (2) - see §§ 56-589E. and 56-589.1A., respectively. In addition, § 56-589.1C. recognizes that a governmental agency may have filed suit - that right, however, should be made explicit.

January 8, 1999