Does the Virginia junk fee law apply to restaurants?
Quick answer
Yes. Since July 1, 2025, Virginia prices on menus, signs, websites and ads must include every mandatory fee (Va. Code 59.1-608, 2025 Acts chapters 685 and 686). Taxes and shipping can be separate. Restaurants may add an automatic tip only if they show its percentage. Willful violations can cost $2,500 each, and customers can sue for $500.
Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Law | Va. Code 59.1-607 to 59.1-610 (2025 Acts cc. 685, 686) | Official source |
| Effective | July 1, 2025 | Official source |
| Rule | Advertised, displayed or offered prices include all mandatory fees or surcharges | Official source |
| Restaurants and hotels | Automatic and mandatory gratuities allowed if the percentage is clearly disclosed with the price | Official source |
| Enforcement | A prohibited practice under the Virginia Consumer Protection Act (59.1-610) | Official source |
| Penalties | Customers: actual damages or $500 (willful: 3x or $1,000); state: up to $2,500 per willful violation | Official source |
| Last verified | October 15, 2026 | Astor Ventures |
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FAQ
Can a Virginia restaurant charge a service fee?
Only if it is part of the price shown. A separate mandatory fee added at the register is not allowed. An automatic gratuity is the exception if its percentage is clearly shown wherever prices appear (Va. Code 59.1-608).
Can taxes be added on top of the price?
Yes. Taxes and fees imposed by a government can be added. Reasonable shipping costs can also be separate.
What is the penalty?
Under the Virginia Consumer Protection Act: customers can recover actual damages or $500, whichever is greater (up to three times or $1,000 if willful, 59.1-204), and the state can seek up to $2,500 per willful violation (59.1-206).
Is this legal advice?
No. General information only.
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