6.2-1626 - (Effective October 1, 2010) Authority of Attorney General; referral by Commission to Attorney General.
§ 6.2-1626. (Effective October 1, 2010) Authority of Attorney General;referral by Commission to Attorney General.
A. If the Commission determines that a licensee is in violation of, or hasviolated, § 6.2-1614, 6.2-1615, or 6.2-1616, or any provision of Chapter 3 (§6.2-300 et seq.) or Chapter 4 (§ 6.2-400 et seq.), the Commission may referthe information to the Attorney General and may request that the AttorneyGeneral investigate such violations.
B. Upon such referral, the Attorney General:
1. May seek to enjoin violations of such laws. The appropriate circuit courtmay enjoin such violations notwithstanding the existence of an adequateremedy at law; and
2. May seek, and the circuit court may order or decree, damages and suchother relief allowed by law, including restitution to the extent available toborrowers under applicable law.
C. Persons entitled to any relief authorized by this section shall beidentified by order of the court within 180 days from the date of the orderpermanently enjoining the unlawful act or practice.
D. In any action brought by the Attorney General by virtue of the authoritygranted in this section, the Attorney General shall be entitled to seekattorney fees and costs.
E. The Attorney General shall be authorized to bring an action to enjoinviolations of the Real Estate Settlement Procedures Act of 1974 (RESPA) (12U.S.C. § 2601 et seq.), to the extent authorized by §§ 8 and 16 of RESPA (12U.S.C. §§ 2607 and 2614).
(1987, c. 596, § 6.1-430; 2001, c. 510; 2008, c. 863; 2009, cc. 204, 727;2010, c. 794.)