Title 09, Commerce and Trade

§ 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…

§ 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…