Title 09, Title 09: Commerce and Trade

§ 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…

§ 2470ee. Cancellation and termination (a) In addition to any other right to revoke an offer, a consumer may cancel the purchase of a third-party discount membership program until midnight on the 30th day after the date the consumer has given express informed consent to be charge…

§ 2470f. Prohibition of lead in children’s products Except to the extent specifically preempted by federal law, no person shall manufacture, regardless of location, for sale in, offer for sale, sell in or into the stream of commerce, or otherwise introduce into the stream of comm…

§ 2470ff. Maximum length of plan No person shall sell, or offer for sale, a third-party discount membership program lasting longer than 18 months. (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 128 (Adj. Sess.), § E.1.)

§ 2470g. Prohibition of lead in jewelry Except to the extent specifically preempted by federal law and in addition to the prohibition in section 2470f of this subchapter, no person shall manufacture, regardless of location, for sale in, offer for sale, or sell in or into the stre…

§ 2470gg. Billing information No person who offers or sells third-party discount membership programs shall obtain billing information relating to a consumer except directly from the consumer. (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 128 (Adj. Se…

§ 2470h. Consumer warnings; notification; phase-outs Except to the extent specifically preempted by federal law: (1) Wheel weights. Beginning January 1, 2010, the State of Vermont shall not use wheel weights containing lead in vehicles owned by the State or vehicles operated by t…

§ 2470hh. Violations (a) A person who violates this subchapter commits an unfair and deceptive act in trade and commerce in violation of section 2453 of this title. (b) The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances …

§ 2470i. Prohibition on removal of labels No person in commerce shall remove from a consumer product any warning label affixed to it that relates in whole or in part to lead or lead hazards and which label is required by this State, the federal government, or any other state or c…

§ 2470ii. Definitions As used in this subchapter: (1) An “add-on discount membership program” is a program that entitles consumers to receive discounts, rebates, rewards, or similar incentives on the purchase of goods or services or both, sold to a consumer during the purchase of…

§ 2470j. Prohibition on providing substantial assistance No person shall provide substantial assistance to a person in violation of section 2470f, 2470g, 2470h, or 2470i of this title with knowledge or reason to know of the violation. (Added 2007, No. 193 (Adj. Sess.), § 2.)

§ 2470jj. Applicability (a) An add-on discount membership program is a good or service within the meaning of subdivision 2451a(2) of this title. (b) This subchapter applies only to persons who are regularly engaged in offering or selling add-on discount membership programs. (c) T…

§ 2470k. Violations (a) A violation of this subchapter is deemed to be a violation of section 2453 of this title. (b) The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and pri…

§ 2470kk. Required disclosures; consent (a) No person shall charge or attempt to charge a consumer for an add-on discount membership program or to renew an add-on discount membership program beyond the term expressly agreed to by the consumer, unless: (1) before obtaining the con…

§ 2470l. Scope (a) Nothing in this subchapter shall be construed to regulate firearms, ammunition, or components thereof, hunting or fishing equipment or components thereof, lead pellets from air rifles, shooting ranges, or circumstances resulting from shooting, handling, storing…

§ 2470ll. Cancellation and termination (a) In addition to any other right to revoke an offer, a consumer may cancel the purchase of an add-on discount membership program until midnight on the 30th day after the date the consumer has given express informed consent to be charged fo…

§ 2470mm. Billing information A person who offers or sells a discount membership program may not obtain billing information relating to a consumer except directly from the consumer. (Added 2015, No. 128 (Adj. Sess.), § E.2.)

§ 2470nn. Violations (a) A person who violates this subchapter commits an unfair and deceptive act in trade and commerce in violation of section 2453 of this title. (b) The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances …

§ 2471. Definitions As used in this subchapter: (1) “Charitable” means related to a charitable purpose. (2) “Charitable organization” means any organization that is or holds itself out to be furthering any charitable purpose. (3) “Charitable purpose” means any benevolent, educati…

§ 2472. Contracts between paid fundraisers and charitable organizations (a) Prior to soliciting in this State, a paid fundraiser shall enter into a written contract with the charitable organization on whose behalf solicitations are to be made. The contract shall contain the follo…

§ 2473. Notice of solicitation (a) At least 10 days prior to the commencement of a fundraising campaign, a paid fundraiser shall file with the Attorney General a notice of solicitation on a form prescribed by the Attorney General. The notice of solicitation shall contain the foll…

§ 2474. Notice not to be used as an endorsement A paid fundraiser shall not use or exploit the fact of filing a notice of solicitation to create the impression that the State has in any way endorsed or approved a solicitation or solicitation campaign. (Added 1989, No. 232 (Adj. S…

§ 2475. Solicitations (a) No paid fundraiser shall misrepresent, directly or indirectly, his or her relationship to a charitable organization. (b) No paid fundraiser or charitable organization shall misrepresent, directly or indirectly, to a contributor or potential contributor a…

§ 2476. Bank accounts (a) All checks and money orders contributed in response to a solicitation shall be made out to the name of the charitable organization. (b) A paid fundraiser shall immediately deposit, in a bank account in the name of the charitable organization with which t…

§ 2477. Financial report (a) No later than 90 days after a fundraising campaign has been completed, and no later than 90 days after the anniversary of the commencement of a fundraising campaign lasting more than one year, a paid fundraiser that has solicited contributions in this…

§ 2478. Records required (a) A paid fundraiser shall maintain such records as the Attorney General may by rule require for three years from the end of the solicitation campaign to which they pertain. (b) Whenever the Attorney General has reason to believe that a paid fundraiser h…

§ 2479. Violations (a) A violation of this subchapter, including the filing of any false information on a notice of solicitation or financial report, is deemed to be a violation of section 2453 of this title. This section shall not be construed to limit a paid fundraiser’s liabil…

§ 2479a. Truth in advertising and producing musical performances (a) As used in this section: (1) “Performing group” means a vocal or instrumental group that uses the name of another group that has previously released a commercial sound recording under that name. (2) “Recording g…

§ 2480a. Definitions As used in this subchapter and subchapter 10 of this chapter: (1) “Consumer” means a natural person other than a protected consumer. (2) “Consumer who is subject to a protected consumer security freeze” means a natural person: (A) for whom a credit reporting …

§ 2480aa. Legislative intent; public policy Structured settlement agreements, which provide for payments to a person over a period of time, are often used in the settlement of actions such as personal injury or medical claims and serve a number of valid purposes, including protec…

§ 2480b. Disclosures to consumers (a) A credit reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer all information available to users at the time of the request pertaining to the consumer, including: (1) …

§ 2480bb. Definitions In this subchapter: (1) “Annuity issuer” means an insurer that has issued a contract to fund periodic payments under a structured settlement. (2) “Dependents” includes a payee’s spouse and minor children and all other persons for whom the payee is legally ob…

§ 2480c. Charges for certain disclosures by credit reporting agencies (a) A credit reporting agency shall not impose a charge for: (1) providing the information required to be disclosed under subsection 2480b(a) of this title, once every 12 months; (2) providing the notice requir…

§ 2480cc. Required disclosures to payee Not less than 10 days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement in bold type in a size no smaller than 14 points setting forth: (1) the amounts a…

§ 2480d. Procedure in case of disputed accuracy (a) If the completeness or accuracy of any item of information contained in the consumer’s file is disputed by the consumer and the consumer notifies the credit reporting agency directly of such dispute, the agency shall reinvestiga…

§ 2480dd. Approval of transfers of structured settlement payment rights (a) No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectl…

§ 2480e. Consumer consent (a) A person shall not obtain the credit report of a consumer unless: (1) the report is obtained in response to the order of a court having jurisdiction to issue such an order; or (2) the person has secured the consent of the consumer, and the report is …

§ 2480ee. Effects of transfer of structured settlement payment rights Following a transfer of structured settlement payment rights under this subchapter: (1) the structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and…

§ 2480f. Violations (a) A violation of this subchapter or rules adopted under this subchapter is deemed to be a violation of section 2453 of this title. This section shall not be construed to limit a credit reporting agency’s liability under any other law. (b) A consumer aggrieve…

§ 2480ff. Procedure for approval of transfers (a) An application under this subchapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the Civil Division of the Superior Court of the county in which the paye…

§ 2480g. Exemptions (a) The provisions of this subchapter shall not apply to education loans made, guaranteed, or serviced by the Vermont Student Assistance Corporation pursuant to 16 V.S.A. chapter 87. (b) The provisions of section 2480e of this title shall not apply to the Offi…

§ 2480gg. General provisions; construction (a) The provisions of this subchapter may not be waived by any payee. (b) Any transfer agreement entered into on or after July 1, 2012 by a payee who resides in this State shall provide that disputes under such transfer agreement, includ…

§ 2480h. Security freeze by credit reporting agency; time in effect (a)(1) A Vermont consumer may place a security freeze on his or her credit report. A credit reporting agency shall not charge a fee to Vermont consumers for placing or removing, removing for a specific party or p…

§ 2480i. Credit reporting agency duties if security freeze in place If a security freeze is in place, a credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer withi…

§ 2480j. Persons not required to place security freeze The following persons are not required to place in a credit report a security freeze pursuant to section 2480h of this title; provided, however, that any person that is not required to place a security freeze on a credit repo…

§ 2480k. Complaints to law enforcement agencies A person who has learned or reasonably suspects that his or her personal identifying information has been unlawfully used by another, as described in 13 V.S.A. § 2030(a), may make a complaint about the unlawful use of personal ident…