§ 54.1-540 — Civil remedy; penalty

Virginia § 54.1-540

• Jurisdiction: Virginia
• Title 54.1: Professions and Occupations
• Subtitle II: Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department
• Ch. 5.2: Athlete Agents

Text

A. An educational institution or student-athlete may bring an action for damages against an athlete agent if the institution or student-athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student-athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student-athlete at the time of the act or omission and enrolled in the institution (i) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports or (ii) suffers financial damage.

B. A plaintiff that prevails in an action under this section may recover actual damages, punitive damages, costs, and reasonable attorney fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student-athlete and shall refund any consideration paid to the agent by or on behalf of the student-athlete.

C. A violation of this chapter also shall constitute a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

D. The Director may assess a civil penalty against an athlete agent not to exceed $50,000 for a violation of this chapter.

Legislative History

2020, c. 481, § 54.1-533.