Title 09, Title 09: Commerce and Trade

§ 2453a. Practices prohibited; criminal antitrust violations (a) Collusion is hereby declared to be a crime. (b) Subsection (a) of this section shall not be construed to apply to activities of or arrangements between or among persons that are permitted, authorized, approved, or r…

§ 2453b. Retaliation prohibited No person shall retaliate against, coerce, intimidate, threaten, or interfere with any other person who: (1) has opposed any act or practice of the person that is collusive or in restraint of trade; (2) has lodged a complaint or has testified, assi…

§ 2454. Purchase contracts; rescission (a) Consumer’s or other obligor’s right to cancel. (1) Except as provided in subdivision (5) of this subsection, in addition to any right otherwise to revoke an offer, the consumer or any other person obligated for any part of the purchase p…

§ 2454a. Consumer contracts; automatic renewal (a) A contract between a consumer and a seller or a lessor with an initial term of one year or longer that renews for a subsequent term that is longer than one month shall not renew automatically unless: (1) the contract states clear…

§ 2455. Defenses The holder of a promissory note or instrument, or other evidence of indebtedness of a consumer delivered in connection with a contract shall take or hold that note, instrument, or evidence subject to all defenses of such consumer that would be available to the co…

§ 2456. Confession of judgment Any agreement of a consumer in a contract that a power of attorney is given to confess judgment, or an assignment of wages is given, or any agreement of similar effect, is void and of no force and effect on any party. (Added 1967, No. 132, § 1, eff.…

§ 2457. Evidence of fraud The failure to sell any goods or services in the manner and of the nature advertised or offered, or the refusal or inability to sell any goods or services at the price advertised or offered or in accordance with other terms or conditions of the advertise…

§ 2458. Restraining prohibited acts (a) Whenever the Attorney General or a State’s Attorney has reason to believe that any person is using or is about to use any method, act, or practice declared by section 2453 of this title to be unlawful, or has reason to believe that any pers…

§ 2459. Assurance of discontinuance (a) In any case where the Attorney General or a State’s Attorney has authority to institute an action or proceeding under section 2458 of this title, in lieu thereof he or she may accept an assurance of discontinuance of any method, act, or pra…

§ 2460. Civil investigation (a)(1) The Attorney General or a State’s Attorney, whenever he or she has reason to believe any person to be or to have been in violation of section 2453 of this title, or of any rule or regulation made pursuant to section 2453 of this title, may exami…

§ 2461. Civil penalty (a) Any person who violates the terms of an injunction issued under section 2458 of this title shall forfeit and pay to the State a civil penalty of not more than $10,000.00 for each violation. For the purposes of this section, the court issuing such injunct…

§ 2461a. Hearing aid violations The Attorney General shall investigate alleged irregularities and complaints relating to the fitting and selling of hearing aids, in violation of 18 V.S.A. chapter 90, and rules and regulations promulgated thereunder. (Added 1975, No. 95, § 2.)

§ 2461b. Regulation of propane (a)(1) In this section: (A) “Consumer” means any person who, for consumption and not for resale, purchases propane through a meter or has propane delivered to one or more storage tanks of 2,000 gallons or less. (B) “Seller” means a person who sells …

§ 2461c. Predatory pricing (a) No person, with the intent to harm competition, shall price goods or services in a manner that tends to create or maintain a monopoly or otherwise harms competition. A violation of this subsection is deemed to be an unfair method of competition in c…

§ 2461d. Price gouging of petroleum products and heating fuel products (a) Definitions For the purposes of this section: (1) A “market emergency” shall be declared by the Governor. The market emergency shall continue for 30 days or until terminated by the Governor. The Governor m…

§ 2461e. Requirements for guaranteed price plans and prepaid contracts (a) Contract and solicitation requirements. (1) A contract for the retail sale of home heating oil, kerosene, or liquefied petroleum gas that offers a guaranteed price plan, including a fixed price contract, a…

§ 2462. Action by State’s Attorney Any State’s Attorney receiving notice of any alleged violation of this chapter shall immediately forward written notice of the same with any other information he or she may have to the “Office of the Attorney General, Attention Consumer Protecti…

§ 2463. Credit billing for certain home solicitation sales In the case of any home solicitation sale solicited or consummated by a seller in whole or in part by telephone that is paid for by means of an open-end consumer credit plan within the meaning of the federal Truth-in-Lend…

§ 2463a. Choice of law in computer information agreement A choice of law provision in a computer information agreement that provides that the contract is to be interpreted pursuant to the laws of a state that has enacted the Uniform Computer Information Transactions Act, as propo…

§ 2464. Telemarketing transactions (a) For the purposes of this section: (1) “Express oral authorization” means that a consumer has explicitly authorized an electronic funds transfer from his or her financial account for goods or services offered by a telemarketer: (A) during a t…

§ 2464a. Prohibited telephone solicitations (a) Definitions. As used in this section, section 2464b, and section 2464c of this title: (1) “Customer” means a customer, residing or located in Vermont, of a company providing telecommunications service as defined in 30 V.S.A. § 203(5…

§ 2464b. Registration of telemarketers (a) Every telemarketer shall register with the Secretary of State, on a form approved by the Secretary. In the case of a telemarketer who hires, whether on an hourly, commission, or independent contractor basis, one or more persons to conduc…

§ 2464c. Private cause of action Any person who receives a telephone call in violation of subsection 2464a(b) of this title may bring an action in Superior Court for damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney…

§ 2464d. Telephone preference service Local exchange carriers shall provide notices at least annually to residential customers of the availability of telephone callers’ do not call lists under federal law and of the federal Do Not Call Registry, and a description of how to regist…

§ 2464e. Robocalls; prohibition; penalty (a) Intent. It is the intent of the General Assembly in adopting this section to create State law prohibition on the placement of robocalls to Vermont consumers that is coextensive with the federal limitations created in the Telephone Cons…

§ 2465. Antitrust remedies (a) Any person who sustains damages or injury as a result of any violation of State antitrust laws, including section 2453 of this title, may sue and recover from the violator the amount of his or her damages, or the consideration or the value of the co…

§ 2465a. Definition of local, local to Vermont, and locally grown or made in Vermont (a) As used in this section: (1) “Eggs” means eggs that are the product of laying birds, including chickens, turkeys, ducks, geese, or quail, and that are in the shell. (2) “Majority of ingredien…

§ 2465b. Misrepresentation of a floral business as local (a) In connection with the sale of floral products, it shall be an unlawful and deceptive act and practice in commerce in violation of section 2453 of this title for a floral business to misrepresent in an advertisement, on…

§ 2466. Goods and services appearing on telephone bill (a) Except as provided in subsection (f) of this section, a seller shall not bill a consumer for goods or services that will appear as a charge on the person’s bill for telephone service provided by any local exchange carrier…

§ 2466a. Consumer protections; prescription drugs (a) A violation of 18 V.S.A. § 4631 shall be considered a prohibited practice under section 2453 of this title. (b) As provided in 18 V.S.A. § 9474, a violation of 18 V.S.A. § 9472 or 9473 shall be considered a prohibited practice…

§ 2466b. Disclosure of fee for automatic dialing service (a) In this section: (1) “Automatic dialing service” means a service of a home or business security, monitoring, alarm, or similar system, by which the system automatically initiates a call or connection to an emergency ser…

§ 2466c. Internet service; network management; Attorney General review and disclosure (a) The Attorney General shall review the network management practices of Internet service providers in Vermont and, to the extent possible, make a determination as to whether the provider’s bro…

§ 2466d. Reporting of medical debt information prohibited (a) A credit reporting agency shall not report or maintain in the file on a consumer information relating to a medical debt. (b) As used in this section: (1) “Health care services” means all supplies, care, and services of…

§ 2467. Definitions As used in this subchapter: (1) “Assistive device” means an item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve any functional …

§ 2468. Warranty (a) A manufacturer who sells or leases an assistive device, only of the types listed in subdivisions 2467(1)(A) and (B) of this title, to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for th…

§ 2469. Loaners A loaner must: (1) be in good working order; (2) perform the essential functions of the assistive technology device that is being repaired, considering the needs of the user; (3) not create a threat to the safety of the user; and (4) be provided to the consumer by…

§ 2470. Remedies (a) To receive a comparable new assistive device or a refund due under subsection 2468(d) of this title, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufactur…

§ 2470a. Definition As used in this subchapter, “children’s product” means a product that is designed or intended for the care of or use by children under six years of age, whether or not it is also designed or intended for the care of or use by children six years of age or older…

§ 2470aa. Definitions As used in this subchapter: (1) “Billing information” means any data that enables a seller of a third-party discount membership program to access a consumer’s credit or debit card, bank, or other account, but does not include the consumer’s name, e-mail addr…

§ 2470b. Unsafe children’s products; prohibition (a) A children’s product is deemed to be unsafe for purposes of this subchapter if it meets any of the following criteria: (1) It does not conform to all federal laws and regulations setting forth standards for the children’s produ…

§ 2470bb. Applicability (a) A third-party discount membership program is a good or service within the meaning of subdivision 2451a(2) of this chapter. (b) This subchapter applies only to persons who are regularly and primarily engaged in trade or commerce in this State in connect…

§ 2470c. Exception A seller or lessor shall not be held in violation of any provision of this subchapter if the specific children’s product sold or leased is not deemed unsafe under subsection 2470b(a) of this title or was not included on the Department of Health’s list 14 days b…

§ 2470cc. Required disclosures; consent (a) No person shall charge or attempt to charge a consumer for a third-party discount membership program, or to renew a third-party discount membership program beyond the term expressly agreed to by the consumer or the term permitted under …

§ 2470d. Penalty; remedies (a) A seller or lessor who willfully and knowingly violates any provision of this subchapter shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (b) The rights and remedies available under this subchapter are in additio…

§ 2470dd. Periodic notices (a) A person who periodically charges a consumer for a third-party discount membership program shall send the consumer a notice of the charge no less frequently than every three months from the date of initial enrollment that clearly and conspicuously d…

§ 2470e. Definitions As used in this subchapter: (1) “Children’s product” means any consumer product marketed for use by children under the age of 12 or whose substantial use or handling by children under 12 years of age is reasonably foreseeable, including toys, furniture, jewel…