Wiley Law Offices, PLLC

Norfolk, Virginia | (757) 955-8455

Supreme Court of Virginia Clarifies Burden of Proof for Consumer Protection Claims

The Supreme Court of Virginia recently took the opportunity to clarify the burden of proof that a consumer must meet in a claim under the Consumer Protection Act. In the case of Ballagh v. Fauber Enterprises, Inc., the Court held that a consumer need only prove a violation of the Consumer Protection Act by a preponderance  of evidence, instead of the higher "clear and convincing" standard that would apply to a traditional common-law fraud claim. The impact of this ruling should prove beneficial to Virginia consumers seeking to hold businesses and others responsible for unfair or fraudulent commercial practices. 

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