Title 09, Commerce and Trade

§ 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; coerced debt [Effective July 1, 2028] (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 suc…

§ 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 the person’s personal identifying information has been unlawfully used by another, as described in 13 V.S.A. § 2030, may make a complaint about the unlawful use of personal identi…

§ 2480l. Verification of change of consumer’s address for preapproved offers of credit A credit card issuer that mails an offer or solicitation to receive a credit card and, in response, receives a completed application for a credit card that lists an address that is substantivel…

§ 2480m. Limitations on use of Social Security numbers Prior to posting or requiring the posting of a document in a place of general public circulation, an agency, board, department, commission, committee, branch, instrumentality, or authority of the State, or an agency, board, c…

§ 2480n. Credit report files of deceased persons (a) An executor, administrator, or other person authorized to act on behalf of an estate of a deceased person may request that a credit reporting agency indicate on the deceased person’s credit reporting file that the person is dec…

§ 2480o. Definitions As used in this subchapter: (1) “Electronic payment system” means an entity that directly or through licensed members, processors, or agents provides the proprietary services, infrastructure, and software that route information and data to facilitate transact…

§ 2480p. Electronic payment systems With respect to transactions involving Vermont merchants, no electronic payment system may directly or through any agent, processor, or member of the system: (1) impose any requirement, condition, penalty, or fine in a contract with a merchant …

§ 2480q. Penalties (a) The following penalties shall apply to violations of this subchapter: (1) Any electronic payment system found to have violated section 2480p of this subchapter shall reimburse all affected merchants for all fines related to the prohibitions described in sec…

§ 2480r. Severability If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter that can be given effect without the invalid provision or application, an…

§ 2481a. Definitions In this chapter: (1) “Charitable sales promotion” means an advertising or sales campaign conducted in this State by a commercial coventurer in which it is represented to the public that an amount per unit of goods or services purchased or used by the public o…

§ 2481b. Required disclosures Every commercial coventurer shall disclose the following information in a clear and conspicuous manner in close proximity to any representation, in connection with a charitable sales promotion, that an amount per unit of goods or services purchased o…

§ 2481c. Record-keeping A commercial coventurer shall maintain records that are sufficient to demonstrate compliance with the requirements of this chapter and the disclosed terms of a charitable sales promotion. (Added 2011, No. 136 (Adj. Sess.), § 2, eff. May 18, 2012.)

§ 2481d. Violations (a) A violation of this subchapter is deemed to be a violation of section 2453 of this title. This section shall not be construed to limit a commercial coventurer’s liability under any other law. (b) The Attorney General has the same authority to make rules, c…

§ 2481w. Unlicensed loan transactions (a) In this subchapter: (1) “Financial account” means a checking, savings, share, stored value, prepaid, payroll card, or other depository account. (2) “Lender” means a person engaged in the business of making loans of money, credit, goods, o…

§ 2481x. Entry fees; games not based on chance Nothing in this chapter shall be construed to prohibit a person from requiring or paying any kind of entry fee, service charge, purchase, or similar consideration in order to enter, or continue to remain eligible for, a game of skill…

§ 2482a. Definitions In this chapter: (1) “Account change” means a change to a member’s password, username, e-mail address, or other contact information an Internet dating service uses to enable communications between members. (2) “Banned member” means the member whose account or…

§ 2482b. Requirements for Internet dating services (a) An Internet dating service shall disclose to all of its Vermont members known to have previously received and responded to an on-site message from a banned member: (1) the user name, identification number, or other profile id…

§ 2482c. Limited immunity (a) An Internet dating service shall not be liable to any person, other than the State of Vermont, or any agency, department, or subdivision of the State, for disclosing to any member that it has banned a member, the user name or identifying information …

§ 2482d. 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, and enter into assuranc…

§ 2482h. Solicitation; material misrepresentation (a) As used in this subchapter, “credit card terminal” means physical equipment used at the point of sale to accept payment by a payment card, including a credit card, debit card, EBT card, prepaid card, or gift card. (b) A person…

§ 2482i. Credit card terminal; finance lease provisions The following provisions apply to a finance lease for the use of a credit card terminal: (1) Plain language. The party primarily responsible for drafting the finance lease shall use plain language designed to be understood b…

§ 2482j. Violations A person who violates this subchapter commits an unfair and deceptive act in trade and commerce in violation of section 2453 of this title. (Added 2018, No. 4 (Sp. Sess.), § 1.)

§ 2483. Applicability This subchapter does not apply to the use of a protected consumer’s credit report or record by: (1) a person administering a credit file monitoring subscription service to which: (A) the protected consumer has subscribed; or (B) the protected consumer’s repr…

§ 2483a. Security freeze for protected consumer; time in effect (a) A consumer reporting agency shall place a security freeze for a protected consumer if the protected consumer’s representative submits a request, including proper authority, to the address and in the manner specif…

§ 2483b. Fees A consumer reporting agency shall not charge a fee for any service performed under this subchapter. (Added 2017, No. 179 (Adj. Sess.), § 5, eff. Jan. 1, 2019.)

§ 2491. Findings The General Assembly finds that: (1) Telling the truth is how trained health care providers demonstrate respect for patients, foster trust, promote self-determination, and cultivate an environment where best practices in shared decision-making can flourish. Witho…

§ 2492. Definition As used in this subchapter, “health care services” means all supplies, care, and services of a medical, dental, behavioral health, mental health, substance use disorder treatment, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or …

§ 2493. Unfair and deceptive act (a) It is an unfair and deceptive act and practice in commerce and a violation of section 2453 of this title for any person to disseminate or cause to be disseminated to the public any advertising about health care services or proposed services pe…

§ 2494a. Definitions As used in this subchapter: (1) “Bisphenols” means any member of a class of industrial chemicals that contain two hydroxyphenyl groups. Bisphenols are used primarily in the manufacture of polycarbonate plastic and epoxy resins. (2) “Cosmetic product” means ar…

§ 2494b. Prohibited chemicals in cosmetic and menstrual products (a) A manufacturer shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State any cosmetic or menstrual product to which the following chemicals or chemical classes have be…

§ 2494c. 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…

§ 2494e. Definitions As used in this subchapter: (1) “Adult mattress” means a mattress other than a crib or toddler mattress. (2) “Aftermarket stain and water resistant treatments” means treatments for textile and leather consumer products used in residential settings that have b…

§ 2494f. Prohibition on PFAS in consumer products (a) A manufacturer shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in the State the following consumer products to which PFAS have been intentionally added in any amount: (1) aftermarket sta…