A Virginia borrower already received restitution in 2026 through an action the Attorney General brought. Does that restitution bar the individual action under the same statutory remedy?
Correct Answer
B) No individual action lies where restitution came through that route
Nothing in the chapter precludes a person who suffers loss from maintaining an action to recover damages or restitution, and fees as provided by statute, but where the Attorney General has exercised the authority the chapter gives, an individual action is not maintainable if the individual has received damages or restitution through it. Other choices: the bar exists; it is not a top-up rule; and it turns on having received recovery rather than on an inquiry being opened. Source: Va. Code § 6.2-1627(A)
Why This Is the Correct Answer
Nothing in the chapter precludes a person who suffers loss from maintaining an action to recover damages or restitution, and fees as provided by statute, but where the Attorney General has exercised the authority the chapter gives, an individual action is not maintainable if the individual has received damages or restitution through it. Other choices: the bar exists; it is not a top-up rule; and it turns on having received recovery rather than on an inquiry being opened. Source: Va. Code § 6.2-1627(A)
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