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BALLAGH v. FAUBER ENTERPRISES, INC.

Record No. 141248.

773 S.E.2d 366 (2015)

Debra A. BALLAGH v. FAUBER ENTERPRISES, INC., et al.

Supreme Court of Virginia.

June 4, 2015.

Attorney(s) appearing for the Case

Brandon S. Osterbind (Overbey, Hawkins & Wright, on briefs), Rustburg, for appellant.

Gregory P. Cochran , Lynchburg ( Eric E. Harrison ; Rustburg, Caskie & Frost, on brief), for appellees Fauber Enterprises, Inc. and Bernard M. Fauber, Jr.

No brief filed by appellees Alice Smith and The Realty Group of Lynchburg, LLC.

Amicus Curiae: Commonwealth of Virginia ( Mark R. Herring , Attorney General; Cynthia E. Hudson , Chief Deputy Attorney General; Rhodes B. Rhitenour , Deputy Attorney General; David B. Irvin , Senior Assistant Attorney General; Richard S. Schweiker, Jr. , Senior Assistant Attorney General; Stephen J. Sovinsky , Assistant Attorney General, on brief), in support of appellant.

Amici Curiae: Legal Services of Northern Virginia, Virginia Poverty Law Center, Richmond, National Association of Consumer Advocates, Virginia Trial Lawyers Association, and National Consumer Law Center ( Dipti Pidikiti-Smith ; Thomas D. Domonoske ; Harrisonburg, Susan Stoney; Legal Services of Northern Virginia, on brief), in support of appellant.

Present: All the Justices.

Opinion by Justice WILLIAM C. MIMS.

In this appeal, we consider the standard of proof a plaintiff must satisfy to prevail upon claims alleging violations of the Virginia Consumer Protection Act, Code §§ 59.1-196 to -207 (the "VCPA").

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

In May 2010, Debra A. Ballagh bought a parcel of real property from Fauber Enterprises, Inc. ("Fauber"). Soon thereafter, the basement of the house...

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