Title 09, Commerce and Trade

§ 2355. Requirements and prohibitions as to retail installment contracts (a) Each retail installment contract shall be in writing, dated, signed by both the buyer and the seller, and completed as to all essential provisions before it is signed by the buyer. A retail installment c…

§ 2356a. Finance charge limitation and method of calculation The interest rates for motor vehicle financing shall be that authorized by subdivision 41a(b)(4) of this title, and the method of interest calculation shall be as specified in subsection 41a(d) of this title. (Added 197…

§ 2357. Prepayment Notwithstanding the provisions of any retail installment contract to the contrary, any buyer may prepay it in full at any time before maturity without penalty. (Added 1961, No. 227, § 7, eff. Jan. 1, 1962; amended 1967, No. 58, § 3; 1989, No. 122, § 8, eff. Jun…

§ 2358. Refinancing retail installment contracts (a) The holder of a retail installment contract, upon request by the buyer, may agree to an amendment thereto to extend the scheduled due date of all or any part of any installment or installments or to renew, restate, or reschedul…

§ 2359. Cases not provided for; scope This chapter shall not affect or apply to any loans or to the business of making loans under the laws of this State, nor shall any of the provisions of the loan or interest statutes of this State affect or apply to any retail installment tran…

§ 2360. Waiver No act or agreement of the retail buyer before or at the time of the making of a retail installment contract shall constitute a valid waiver of any of the provisions of this chapter. (Added 1961, No. 227, § 10, eff. Jan. 1, 1962.)

§ 2361. Penalties (a) In case of failure of any person to comply with any of the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any finance charge or of any delin…

§ 2362. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability No seller shall discriminate against any buyer or prospective buyer who desires to establish a retail installment co…

§ 2381. Definitions As used in this chapter: (1) “Agricultural finance lease” or “lease” means a lease of property to a farmer under which: (A) the lease transfers ownership of the leased property to the lessee by the end of the lease term; (B) the lease contains an option for th…

§ 2382. Agricultural finance leases (a) An agricultural finance lease, including any lease amendments, shall be in writing, dated, and signed by the lessee and the lessor. The lease shall be completed before being signed by the lessee. The lease need not be contained in a single …

§ 2383. Disclosure sheet The agricultural finance lease shall contain, or be accompanied by, a disclosure sheet that contains the following information in easily readable form: (1) The names and addresses of the lessor and lessee. If the seller of the leased property is an entity…

§ 2384. Warranties (a) A lessee may enforce all express or implied warranties available to the lessor directly against the manufacturer, seller, supplier, or dealer of the leased property, during the term of the lease. (b) A lessor shall impliedly warrant that the leased property…

§ 2385. Unconscionability (a) If a court finds an agricultural finance lease, or any clause of a lease, to have been unconscionable at the time it was made, the court may refuse to enforce the entire lease or enforce the remainder of the agricultural finance lease without the unc…

§ 2386. Option to accelerate at will Any term of an agricultural finance lease providing that a party or a successor in interest may accelerate payment or performance, or require collateral or additional collateral “at will” or “when he or she deems himself or herself insecure,” …

§ 2387. Waiver No act or agreement of the lessee shall be deemed a waiver of any of the provisions of this chapter, except for a waiver made in settlement of a claim asserted under this chapter. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff.…

§ 2388. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability No person shall discriminate against any lessee or prospective lessee who has entered into an agricultural finance l…

§ 2389. Limitation on power to choose applicable law and judicial forum (a) If the parties to an agricultural finance lease choose the law of a jurisdiction other than that in which the goods are to be used, or that in which the lessee resides or has his or her principal place of…

§ 2390. Remedies and penalties All remedies and penalties available to a consumer and the Attorney General under chapter 63 of this title shall apply to violations of this chapter. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 1991, No. 79, § 6; 2011, No. 136 (Adj. Sess.), § 1,…

§ 2391. Construction In the event of a conflict between this chapter and Title 9A, the Uniform Commercial Code, the provisions of this chapter shall control. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)

§ 2392. Rules The Commissioner may adopt rules, including incorporation of the applicable provisions of 12 C.F.R. Part 213, deemed necessary to promote the purposes of this chapter. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012…

§ 2401. Definitions As used in this chapter: (1) “Goods” means all tangible personal chattels when purchased primarily for personal, family, or household use and not for commercial, industrial, or agricultural use, but not including money, motor vehicles, things in action, or int…

§ 2404. Investigations and complaints; powers of Commissioner (a) The Commissioner, if he or she has reasonable cause to believe that any licensee or other person has violated any of the provisions of this chapter, may make such investigation as he or she shall deem necessary, an…

§ 2405. Retail installment contracts (a) Each retail installment contract shall be in writing, dated, signed by both the buyer and the seller, and completed as to essential provisions before being signed by the buyer. A retail installment contract need not be contained in a singl…

§ 2406. Retail charge agreements (a) Each retail charge agreement shall be in writing and signed by the buyer. A copy of any agreement executed on or after January 1, 1964 shall be delivered or mailed to the buyer by the seller before the date on which the first payment is due un…

§ 2407. Scope (a) This chapter shall not affect or apply to any loans or to the business of making loans under or in accordance with the laws of this State, nor shall any of the provisions of the loan or interest statutes of this State affect or apply to any retail installment tr…

§ 2408. Waiver No act or agreement of the retail buyer before or at the time of the making of the retail installment contract, retail charge agreement, or purchase thereunder shall constitute a valid waiver of any of the provisions of this chapter. (Added 1963, No. 221, § 8, eff.…

§ 2409. Penalties (a) In case of failure of any person to comply with any of the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any finance charge or of any delin…

§ 2410. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability No seller shall discriminate against any buyer or prospective buyer who desires to establish a retail installment co…

§ 2415a. Short title and definitions [Effective January 1, 2028] (a) Short title. This subchapter shall be known and may be cited as the “Vermont Data Privacy and Online Surveillance Act.” (b) Definitions. As used in this subchapter: (1)(A) “Affiliate” means a legal entity that s…

§ 2415b. Applicability [Effective January 1, 2028] (a) Thresholds. Except as provided in subsection (b) of this section, this subchapter applies to a person that conducts business in this State or a person that produces products or services that are targeted to residents of this …

§ 2415c. Exemptions [Effective January 1, 2028] (a) This subchapter does not apply to: (1) in the ordinary course of its operation, a federal, state, tribal, or local government entity or an instrumentality of the State; (2)(A) a covered entity that is not a hybrid entity; (B) an…

§ 2415d. Consumer personal data rights [Effective January 1, 2028] (a) Consumer rights. A consumer shall have the right to: (1) confirm whether or not a controller is processing the consumer’s personal data and access such personal data, including any inferences about the consume…

§ 2415e. Duties of controllers [Effective January 1, 2028] (a) Data collection and processing. A controller shall: (1) limit the collection of a consumer’s personal data to what is reasonably necessary and proportionate in relation to the purposes for which the data are processed…

§ 2415f. Processors’ duties; contracts between controllers and processors [Effective January 1, 2028] (a) Generally. A processor shall adhere to the instructions of a controller and shall assist the controller in meeting the controller’s obligations under this subchapter, includi…

§ 2415g. Data protection and impact assessments; disclosure to Attorney General [Effective January 1, 2028] (a) Generally. A controller shall conduct and document a data protection assessment for each of the controller’s processing activities that presents a heightened risk of ha…

§ 2415h. Deidentified data [Effective January 1, 2028] (a) Requirements. A controller in possession of deidentified data shall: (1) take reasonable measures to ensure that the data cannot be associated with an individual; (2) publicly commit to maintaining and using deidentified …

§ 2415i. Construction of duties [Effective January 1, 2028] (a) Generally. This subchapter shall not be construed to restrict a controller’s, processor’s, or consumer health data controller’s ability to: (1) comply with federal, state, or municipal laws, ordinances, or regulation…

§ 2415j. Attorney General enforcement; reporting [Effective January 1, 2028] (a) Consumer Protection Act. A violation of this subchapter shall be deemed a violation of the Vermont Consumer Protection Act, pursuant to chapter 63 of this title. The Attorney General has the same aut…

§ 2415k. Consumer health data privacy [Effective January 1, 2028] A person shall not: (1) provide any employee or contractor with access to consumer health data unless the employee or contractor is subject to a contractual or statutory duty of confidentiality; (2) provide any pro…

§ 2421a. Short title and definitions (a) This subchapter shall be known, and may be cited, as the “Genetic Information Privacy Act.” (b) As used in this subchapter: (1) “Affirmative authorization” means an action that demonstrates an intentional decision by a consumer. (2) “Biolo…

§ 2421b. Requirements (a) Privacy terms and consent. To safeguard the privacy, confidentiality, security, and integrity of a consumer’s genetic data, a direct-to-consumer genetic testing company shall: (1) provide clear and complete information regarding the company’s policies an…

§ 2421c. Enforcement (a) A direct-to-consumer genetic testing company or service provider that violates this subchapter or rules adopted pursuant to this subchapter commits an unfair and deceptive act in commerce in violation of section 2453 of this title. (b) The Attorney Genera…

§ 2421d. Applicability (a) The provisions of this subchapter shall not reduce a direct-to-consumer genetic testing company’s duties, obligations, requirements, or standards under any applicable State and federal laws for the protection of privacy and security. (b) In the event of…

§ 2430. Definitions [Effective January 1, 2027; see also § 2430 effective until January 1, 2027, set out above] As used in this chapter: (1) “Authorized agent” means: (A) a person designated by a consumer to act on the consumer’s behalf; (B) a parent or legal guardian that acts o…

§ 2431. Acquisition and disclosure of brokered personal information; prohibitions [Effective January 1, 2027; see also § 2431 effective until January 1, 2027, set out above] (a) Prohibited acquisition and use. (1) A person shall not acquire brokered personal information through f…

§ 2435. Notice of security breaches [Effective January 1, 2027; see also § 2435 effective until January 1, 2027, set out above] (a) This section shall be known as the “Security Breach Notice Act.” (b) Notice of breach. (1) Except as otherwise provided in subsection (d) of this se…