Title 09, Commerce and Trade

§ 2443b. Operator duties An operator shall: (1) implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information and designed to protect that covered information from unauthorized access, destruction, use, modification, or d…

§ 2443c. Permissive use or disclosure An operator may use or disclose covered information of a student under the following circumstances: (1) if other provisions of federal or State law require the operator to disclose the information and the operator complies with the requiremen…

§ 2443d. Operator actions that are not prohibited This subchapter does not prohibit an operator from doing any of the following: (1) using covered information to improve educational products if that information is not associated with an identified student within the operator’s si…

§ 2443e. Applicability This subchapter does not: (1) limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order; (2) limit the ability of an operator to use student data, including covered info…

§ 2443f. Enforcement [Effective January 1, 2027; see also § 2443f effective until January 1, 2027, set out above] (a) A person who violates a provision of this subchapter commits an unfair and deceptive act in commerce in violation of section 2453 of this title. (b) The Attorney …

§ 2444a. Registration [Effective January 1, 2027] (a) Definitions. As used in this section: (1)(A) “Educational technology product” and “product” mean any software, application, or platform that may collect, process, or transmit student data and that is used for teaching and lear…

§ 2445. Safe destruction of documents containing personal information (a) As used in this section: (1) “Business” means sole proprietorship, partnership, corporation, association, limited liability company, or other group, however organized and whether or not organized to operate…

§ 2446. Data brokers; annual registration [Effective January 1, 2027; see also § 2446 effective until January 1, 2027, set out above] (a) Registration. A person, not more than 30 days after meeting the definition of a data broker and then once annually thereafter on or before Jul…

§ 2447. Data broker duty to protect information; standards; technical requirements (a) Duty to protect personally identifiable information. (1) A data broker shall develop, implement, and maintain a comprehensive information security program that is written in one or more readily…

§ 2449a. Definitions [Effective January 1, 2027] As used in this subchapter: (1)(A) “Affiliate” means a legal entity that shares common branding with another legal entity or controls, is controlled by, or is under common control with another legal entity. (B) As used in subdivisi…

§ 2449b. Exclusions [Effective January 1, 2027] This subchapter does not apply to: (1) a federal, state, tribal, or local government entity in the ordinary course of its operation; (2) protected health information that a covered entity or business associate processes in accordanc…

§ 2449c. Minimum duty of care [Effective January 1, 2027] (a) A covered business that processes a covered minor’s data in any capacity owes a minimum duty of care to the covered minor. (b) As used in this subchapter, “a minimum duty of care” means the use of the personal data of …

§ 2449d. Required default privacy settings and tools [Effective January 1, 2027] (a) Default privacy settings. (1) A covered business shall configure all default privacy settings provided to a covered minor through the online service, product, or feature to the highest level of p…

§ 2449e. Transparency [Effective January 1, 2027] A covered business shall prominently and clearly provide on their website or mobile application: (1) the covered business’s privacy information, terms of service, policies, and community standards; (2) the purpose of each algorith…

§ 2449f. Prohibited data and design practices [Effective January 1, 2027] (a) Data privacy. A covered business shall not: (1) collect, sell, share, or retain any personal data of a covered minor that is not necessary to provide an online service, product, or feature with which th…

§ 2449g. Age assurance privacy [Effective January 1, 2027] (a) Privacy protections for age assurance data. During the process of conducting age assurance, covered businesses and processors shall: (1) only collect personal data of a user that is strictly necessary for age assuranc…

§ 2449h. Enforcement [Effective January 1, 2027] (a) A covered business or processor 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 General sha…

§ 2449i. Limitations [Effective January 1, 2027] Nothing in this subchapter shall be interpreted or construed to: (1) impose liability in a manner that is inconsistent with 47 U.S.C. § 230; or (2) prevent or preclude any covered minor from deliberately or independently searching …

§ 2449j. Rights and freedoms of covered minors [Effective January 1, 2027] It is the intent of the General Assembly that nothing in this subchapter may be construed to infringe on the existing rights and freedoms of covered minors or be construed to discriminate against the cover…

§ 2451. Purpose The purpose of this chapter is to complement the enforcement of federal statutes and decisions governing unfair methods of competition, unfair or deceptive acts or practices, and anti-competitive practices in order to protect the public and to encourage fair and h…

§ 2451a. Definitions As used in this chapter: (1) “Consumer” means any person who purchases, leases, contracts for, or otherwise agrees to pay consideration for goods or services not for resale in the ordinary course of the person’s trade or business but for the person’s use or b…

§ 2452. Limitation (a) Nothing in this chapter shall apply to the owner or publisher of a newspaper, magazine, publication, or printed matter, or to a provider of an interactive computer service, wherein an advertisement or offer to sell appears, or to the owner or operator of a …

§ 2453. Practices prohibited; antitrust and consumer protection (a) Unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce are hereby declared unlawful. (b) It is the intent of the Legislature that in construing subsection (a) of this sect…

§ 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…