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Subchapter 001: GENERAL PROVISIONS
§ 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 honest competition. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 2011, No. 168 (Adj. Sess.), § 2, eff. May 18, 2012.)
§ 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 benefit or the use or benefit
of a member of the person’s household, or in connection with the operation of the
person’s household or a farm whether or not the farm is conducted as a trade or business,
or a 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 use or benefit of the person’s business or in connection with
the operation of the person’s business.
(2) “Goods” or “services” shall include any objects, wares, goods, commodities, work,
labor, intangibles, courses of instruction or training, securities, bonds, debentures,
stocks, real estate, or other property or services of any kind. The term also includes
bottled liquified petroleum (LP or propane) gas.
(3) “Seller” means a person regularly and principally engaged in a business of selling
goods or services to consumers.
(4) “Home solicitation sale” means the sale or lease, or the offer for sale or lease,
of goods or services with a purchase price of $5.00 or more, whether under single
or multiple contracts, where the sale, lease, or offer thereof is either personally
solicited or consummated by a seller at the residence or place of business or employment
of the consumer, or at a seller’s transient quarters, or solicited or consummated
by a seller wholly or in part by telephone with a consumer at the residence or place
of business or employment of the consumer. Transient quarters includes hotel or motel
rooms, or any other place utilized as a temporary business location. The term “home
solicitation sale” does not include a transaction:
(A) Made pursuant to prior negotiations in the course of a visit by the consumer to a
retail business establishment having a fixed permanent location where the goods are
exhibited or the services are offered for sale on a continuing basis.
(B) In which the consumer has initiated the contact and specifically requested the seller
to visit the consumer’s home for the purpose of repairing or performing maintenance
upon the consumer’s personal property. If, in the course of such a visit, the seller
sells the consumer the right to receive additional services or goods other than replacement
parts necessarily used in performing the maintenance or in making the repairs, the
sale of those additional goods or services would not fall within this exclusion.
(C) Conducted and consummated entirely by mail and without any other contact between the
consumer and the seller prior to delivery of the goods or performance of the services.
(D) With a purchase price of under $25.00 where the consumer is not required to sign any
contract, receipt, sales ticket, evidence of indebtedness, or other writing, and the
goods, services, or merchandise purchased are capable of delivery or performance at
one time.
(E) Pertaining to the sale or rental of real property, to the sale of insurance, to the
sale of securities by a broker dealer registered with the Securities and Exchange
Commission, or to the sale of commodities by any person registered with the Commodity
Futures Trading Commission.
(F) Where, in the case of goods, the buyer may at any time:
(i)(I) cancel the order prior to delivery of the goods and receive a full refund for any
monies paid;
(II) refuse to accept the goods when delivered, without incurring any obligation to pay
for them and receive a full refund for any monies paid; or
(III) return the goods to the seller and receive a full refund for any monies paid;
(ii) the buyer’s right to cancel the order or return the goods without obligation or charge
at any time and receive a full refund for any monies paid is clearly and unmistakably
set forth on the face or reverse side of the sales ticket; and
(iii) the goods or merchandise purchased under an agreement meeting the requirements specified
in subdivisions (i) and (ii) of this subdivision (F) are capable of delivery at one
time.
(G) Solicited or consummated wholly or in part by telephone where the seller offers a
full refund and right of cancellation for at least ten days after receipt of the goods
or services, and a full refund within 30 days of return of the goods or cancellation
of the services or under terms no more restrictive than those set forth in subsections
2454(a), (c), and (d) of this title, and the right of refund and cancellation is conspicuously
disclosed with the goods or services.
(H) Solicited or consummated wholly or in part by a federally insured depository institution
or its subsidiary, affiliate, or parent organizations, or by a public utility regulated
by the Federal Communications Commission or the Vermont Public Utility Commission.
(I) In response to an order placed by a farmer for farm-related goods or services, whether
in person, by telephone, or otherwise, and the farmer has a preexisting open end credit
plan with the seller.
(5) “Business day” means any calendar day except Saturday, Sunday, or any day classified
as a holiday under 1 V.S.A. § 371.
(6) “Purchase price” means the total price paid or to be paid for the consumer goods or
services, including all interest and service charges.
(7) “Lessor” means a person engaged in a business of leasing goods to consumers.
(8) “Collusion” means an agreement, contract, combination in the form of trusts or otherwise,
or conspiracy to engage in price fixing, bid rigging, or market division or allocation
of goods or services between or among persons. (Added 1973, No. 221 (Adj. Sess.), § 3, eff. June 7, 1974; amended 1985, No. 34, § 1; 1985, No. 61; 1993, No. 99, § 3; 1995, No. 23, § 1; 1997, No. 42, § 1; 2001, No. 42, § 2; 2011, No. 168 (Adj. Sess.), § 3, eff. May 18, 2012; 2021, No. 20, § 16.)
§ 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 radio or television station that disseminates an advertisement or offer to sell,
when the owner, publisher, operator, or provider has no knowledge of the fraudulent
intent, design, or purpose of the advertiser or offeror, and is not responsible, in
whole or in part, for the creation or development of the advertisement or offer to
sell.
(b) In this section, “interactive computer service” has the same meaning as in 47 U.S.C. § 230(f)(2). (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 2015, No. 55, § 9.)
§ 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 section,
the courts of this State will be guided by the construction of similar terms contained
in Section 5(a)(1) of the Federal Trade Commission Act as from time to time amended
by the Federal Trade Commission and the courts of the United States.
(c) The Attorney General shall adopt rules, when necessary and proper to carry out the
purposes of this chapter, relating to unfair methods of competition in commerce and
unfair or deceptive acts or practices in commerce. The rules shall not be inconsistent
with the rules, regulations, and decisions of the Federal Trade Commission and the
federal courts interpreting the Federal Trade Commission Act.
(d) Violation of a rule adopted by the Attorney General is prima facie proof of the commission
of an unfair or deceptive act in commerce.
(e) The provisions of subsections (a), (c), and (d) of this section shall also be applicable
to real estate transactions. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 8, eff. April 4, 1969; 1969, No. 278 (Adj. Sess.); 1973, No. 221 (Adj. Sess.), § 1, eff. June 7, 1974; 1999, No. 65 (Adj. Sess.), § 2; 2011, No. 109 (Adj. Sess.), § 2, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1a, eff. May 18, 2012; 2017, No. 74, § 13.)
§ 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
required by federal or state statutes or regulations.
(c) It is the intent of the General Assembly that in construing this section and subdivision 2451a(8) of this title, the courts of this State shall be guided by the construction of federal antitrust
law and the Sherman Act, as amended, as interpreted by the courts of the United States.
(d) Nothing in this section limits the power of the Attorney General or a State’s Attorney
to bring civil actions for antitrust violations under section 2453 of this title.
(e) A violation of this section shall be punished by a fine of not more than $100,000.00
for an individual or $1,000,000.00 for any other person or by imprisonment not to
exceed five years, or both. (Added 2011, No. 168 (Adj. Sess.), § 4, eff. May 18, 2012; amended 2021, No. 20, § 17.)
§ 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, assisted, or participated in any manner with
the Attorney General or a State’s Attorney in an investigation of acts or practices
that are collusive or in restraint of trade;
(3) is known by the person to be about to lodge a complaint or testify, assist, or participate
in any manner in an investigation of acts or practices that are collusive or in restraint
of trade; or
(4) is believed by the person to have acted as described in subdivision (1), (2), or (3)
of this subsection. (Added 2011, No. 168 (Adj. Sess.), § 5, eff. May 18, 2012.)
§ 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 price may cancel a home solicitation sale until midnight of the third
business day after the day on which the consumer has signed an agreement or offer
to purchase relating to such sale, or has otherwise agreed to buy consumer goods or
services from the seller.
(2) Cancellation occurs when notice of cancellation is given to the seller.
(3) Notice of cancellation, if given by mail, shall be deemed given when deposited in
a mailbox properly addressed and postage prepaid.
(4) Notice of cancellation need not take the form prescribed and shall be sufficient if
it indicates the intention of the consumer not to be bound.
(5) A home solicitation sale may not be cancelled if the consumer has requested the seller
to provide goods or services without delay because of an emergency, and:
(A) the seller in good faith has begun substantial performance of the contract before
the notice of cancellation has been given;
(B) in the case of goods, the goods cannot be returned to the seller in substantially
the same condition as when received by the consumer; and
(C) the consumer’s request is both handwritten and signed by the consumer.
(b) Disclosure obligations.
(1) In every home solicitation sale, the seller shall furnish the consumer with a fully
completed receipt or copy of any contract pertaining to such sale at the time the
consumer signs an agreement or offer to purchase relating to such sale, or otherwise
agrees to buy consumer goods or services from the seller. Such receipt or contract
copy shall show the date of the transaction and shall contain the name and address
of the seller, and in immediate proximity to the space reserved in the contract for
the signature of the consumer or on the front page of the receipt if a contract is
not used and in boldface type of a minimum size of 10 points, a statement in substantially
the following form:
You, the buyer, may cancel this transaction at any time prior to midnight of the third
business day after the date of this transaction. See the attached notice of cancellation
for an explanation of this right.
(2) In a home solicitation sale, unless a consumer requests the seller to provide goods
or services without delay in an emergency, the seller shall furnish a notice of cancellation
to the consumer at the time he or she signs an agreement or offer to purchase relating
to such sale or otherwise agrees to buy consumer goods or services from the seller,
which notice shall be attached to the contract or receipt and easily detachable.
(A) The notice of cancellation shall contain the following information and statements,
printed in not less than 10-point boldface type:
NOTICE OF CANCELLATION
(enter date of transaction)
.........................................
(date)
You may cancel this transaction, without any penalty or obligation, within three business
days from the above date.
If you cancel, any property traded in, any payments made by you under the contract
or sale, and any negotiable instrument executed by you will be returned within 10
business days following receipt by the seller of your cancellation notice, and any
security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially
as good condition as when received, any goods delivered to you under this contract
or sale; or you may, if you wish, comply with the instructions of the seller regarding
the return shipment of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them
up within 20 days of the date of your notice of cancellation, you may retain or dispose
of the goods without any further obligation. If you fail to make the goods available
to the seller, or if you agree to return the goods to the seller and fail to do so,
then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation
notice or any other written notice, or send a telegram, to ......................... at .........................................
(name of seller) (address of seller’s place of business)
not later than midnight of .........................................
(date)
I hereby cancel this transaction.
..................................
(date)
.........................................
(buyer’s signature)
(B) Before furnishing copies of the “Notice of Cancellation” to the buyer, the seller
shall complete both copies by entering the name of the seller, the address of the
seller’s place of business, the date of the transaction, and the date, not earlier
than the third business day following the date of the transaction, by which the buyer
may give notice of cancellation.
(C) The seller shall leave the “Notice of Cancellation” with the consumer.
(D) In addition to the written notice of cancellation the seller shall orally inform the
buyer of his or her right to cancel at the time of the transaction.
(3) Until the seller has complied with this subsection, the consumer or any other person
obligated for any part of the purchase price may cancel the home solicitation sale
by notifying the seller in any manner and by any means of his or her intention to
cancel. The cancellation period of three business days shall begin to run from the
time the seller complies with this subsection.
(c) Restoration of payments.
(1) Within 10 days after a home solicitation sale has been cancelled or an offer to purchase
revoked, the seller shall tender to the consumer any payments made by the consumer
and any note or other evidence of indebtedness, and take any action necessary or appropriate
to terminate promptly any security interest in the transaction, except as provided
in subdivision (3) of this subsection.
(2) If payment includes goods traded in, the goods shall be tendered in substantially
as good condition as when received by the seller. If the seller fails to tender the
goods as provided by this subsection, the consumer may elect to recover an amount
equal to the trade-in allowance stated in the agreement.
(3) Until the seller has complied with this subsection, the consumer may retain possession
of goods delivered to him or her by the seller and shall have a lien on the goods
in his or her possession or control for any recovery to which he or she may be entitled.
(d) Duties of seller and consumer.
(1) Within 10 days after a home solicitation sale has been cancelled or an offer to purchase
revoked, the seller shall either demand possession of any goods delivered by the seller
pursuant to the sale or instruct the consumer regarding the return shipment of the
goods at the seller’s expense and risk.
(2) If the seller does not give instructions regarding the return shipment of the goods,
or if the consumer does not comply with any such instructions given, the seller must
pick up such goods within 20 days after a home solicitation sale has been cancelled.
(3) If the seller does not act within the time periods established in subdivisions (1)
and (2) of this subsection, the goods shall become the property of the consumer without
obligation to pay for them.
(4) Upon demand, the consumer shall tender to the seller any goods delivered by the seller
pursuant to the sale but need not tender at any place other than his or her residence.
(5) If the consumer agrees to return the goods to the seller and fails to do so, then
he or she shall remain liable for performance of all obligations under the contract.
(6) The consumer shall take reasonable care of the goods in his or her possession both
before cancellation or revocation and for a reasonable time thereafter, during which
time the goods are otherwise at the seller’s risk.
(7) If the seller has performed any services pursuant to a home solicitation sale prior
to its cancellation, the seller shall be entitled to no compensation therefor.
(e) If the home solicitation sale is principally negotiated in a language other than English,
then all of the disclosures required by this section shall be given in that language.
(f) If the consumer is unable to write in his or her own handwriting, then any of the
statements required to be written by him or her under this section shall be handwritten
by a member of the consumer’s household at the request of the consumer. If there is
no other member of the consumer’s household, then such statements must be written
by the seller, at the request of the consumer, and the effect of such statements shall
be orally explained to the consumer by the seller.
(g) Use of the cancellation provision provided for in this section shall not prevent any
other action being taken under this chapter or otherwise against such seller.
(h) A violation of any of the provisions of this section shall be considered an unfair
act in commerce within the meaning of subsection 2453(a) of this title. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 1, eff. April 4, 1969; 1973, No. 110, § 1; 1973, No. 221 (Adj. Sess.), § 2, eff. June 7, 1974.)
§ 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 clearly and conspicuously the terms of the automatic renewal provision
in plain, unambiguous language in bold-face type;
(2) in addition to accepting the contract, the consumer takes an affirmative action to
opt in to the automatic renewal provision; and
(3) if the consumer opts in to the automatic renewal provision, the seller or lessor provides
a written or electronic notice to the consumer:
(A) not less than 30 days and not more than 60 days before the earliest of:
(i) the automatic renewal date;
(ii) the termination date; or
(iii) the date by which the consumer must provide notice to cancel the contract; and
(B) that includes:
(i) the date the contract will terminate and a clear statement that the contract will
renew automatically unless the consumer cancels the contract on or before the termination
date; and
(ii) the length and any additional terms of the renewal period.
(b) A seller or lessor under a contract subject to subsection (a) of this section shall:
(1) provide to the consumer a toll-free telephone number, e-mail address, a postal address
if the seller or lessor directly bills the consumer, or another cost-effective, timely,
and easy-to-use mechanism for canceling the contract; and
(2) if the consumer accepted the contract online, permit the consumer to terminate the
contract exclusively online, which may include a termination e-mail formatted and
provided by the seller or lessor that the consumer can send without additional information.
(c) A person who violates a provision of this section commits an unfair and deceptive
act in commerce in violation of section 2453 of this title.
(d) The provisions of this section do not apply to:
(1) a contract between a consumer and a financial institution, as defined in 8 V.S.A. § 11101, or between a consumer and a credit union, as defined in 8 V.S.A. § 30101; or
(2) a contract for insurance, as defined in 8 V.S.A. § 3301a. (Added 2017, No. 179 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2019, No. 89 (Adj. Sess.), § 6.)
§ 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
consumer in an action on a simple contract, and all rights available to him or her
under this chapter. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 2, eff. April 4, 1969.)
§ 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. April 17, 1967; amended 1969, No. 45, § 3, eff. April 4, 1969.)
§ 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 advertisement
or offer, creates a rebuttable presumption of an intent to violate the provisions
of this chapter. No actual damage to any person need be alleged or proven for an
action to lie under this chapter. (Added 1967, No. 132, § 1, eff. April 17, 1967.)
§ 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 person has violated any assurance
of discontinuance entered into pursuant to section 2459 of this title, and that proceedings would be in the public interest, the Attorney General, or a
State’s Attorney if authorized to proceed by the Attorney General, may bring an action
in the name of the State against such person to restrain by temporary or permanent
injunction the use of such method, act, or practice or to dissolve a domestic corporation
or revoke the certificate of authority granted a foreign corporation. The action
may be brought in the Superior Court of the county in which such person resides, has
a place of business, or is doing business. The courts are authorized to issue temporary
or permanent injunctions to restrain and prevent violations of this chapter, such
injunctions to be issued without bonds, and so to dissolve, or revoke the certificate
of authority of, a corporation.
(b) In addition to the foregoing, the Attorney General or a State’s Attorney may request
and the court is authorized to render any other temporary or permanent relief, or
both, as may be in the public interest, including:
(1) the imposition of a civil penalty of not more than $10,000.00 for each unfair or deceptive
act or practice in commerce and of not more than $100,000.00 for an individual or
$1,000,000.00 for any other person for each unfair method of competition in commerce;
(2) an order for restitution of cash or goods on behalf of a consumer or a class of consumers
similarly situated;
(3) an order requiring reimbursement to the State of Vermont for the reasonable value
of its services and its expenses in investigating and prosecuting the action;
(4) amounts other than consumer restitution recovered by the Attorney General or Department
of State’s Attorneys and Sheriffs under this chapter, but not to exceed amounts annually
appropriated, or authorized pursuant to 32 V.S.A. § 511, shall be deposited into special funds that shall be available to the Attorney General
or Department of State’s Attorneys and Sheriffs, respectively, to offset the costs
of providing legal services.
(c) Whenever a State’s Attorney brings an action pursuant to this section, a copy of any
pleadings shall be served on the Attorney General pursuant to Rule 5 of the Vermont
Rules of Civil Procedure. Failure to comply with this provision shall not affect
the validity of the proceedings commenced under this section. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 4, eff. April 4, 1969; 1971, No. 235 (Adj. Sess.), § 1; 1973, No. 110, § 2; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1999, No. 49, § 213; 2009, No. 67 (Adj. Sess.), § 88, eff. Feb. 25, 2010; 2015, No. 128 (Adj. Sess.), § D.1; 2019, No. 154 (Adj. Sess.), § E.200.2, eff. Oct. 2, 2020.)
§ 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 practice in violation of this chapter from any person alleged to be engaged
or to have been engaged in such method, act, or practice. Such assurance may include
a stipulation for affirmative action by such person, payment of a civil forfeiture
and the costs of investigation, or of an amount to be held in escrow pending the outcome
of an action or as restitution to aggrieved consumers, or any of the above. Any such
assurance of discontinuance shall be in writing and be filed with the Washington Superior
Court. Evidence of a violation of such assurance shall be prima facie proof of violation
of section 2453 of this title, or of any rule of regulation made pursuant to section 2453 of this title in any action or proceeding thereafter brought by the Attorney General or a State’s
Attorney.
(b) No assurance of discontinuance may be accepted by a State’s Attorney without the approval
of the Attorney General, who shall indicate his or her approval by countersigning
any assurance before it may become effective. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 5, eff. April 4, 1969; 1973, No. 110, § 3; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 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 examine or cause to be examined by any agent or representative designated by
him or her for that purpose, any books, records, papers, memoranda, and physical objects
of whatever nature bearing upon each alleged violation, and may demand written responses
under oath to questions bearing upon each alleged violation.
(2) The Attorney General or a State’s Attorney may require the attendance of such person
or of any other person having knowledge in the premises in the county where the person
resides or has a place of business, or in Washington County if the person is a nonresident
or has no place of business, within the State, may take testimony and require proof
material for his or her information, and may administer oaths or take acknowledgment
in respect of any book, record, paper, or memorandum.
(3) The Attorney General or a State’s Attorney shall serve notice of the time, place,
and cause of the examination or attendance, or notice of the cause of the demand for
written responses, at least 10 days prior to the date of the examination, personally
or by certified mail, upon the person at his or her principal place of business, or,
if the place is not known, to his or her last known address.
(4) Any book, record, paper, memorandum, or other information produced by any person pursuant
to this section shall not, unless otherwise ordered by a court of this State for good
cause shown, be disclosed to any person other than the authorized agent or representative
of the Attorney General or a State’s Attorney or another law enforcement officer engaged
in legitimate law enforcement activities, unless with the consent of the person producing
the same.
(5) This subsection shall not be applicable to any criminal investigation or prosecution
brought under the laws of this or any state.
(b)(1) A person upon whom a notice is served pursuant to the provisions of this section shall
comply with the terms thereof unless otherwise provided by the order of a court of
this State.
(2) Any person who, with intent to avoid, evade, or prevent compliance, in whole or in
part, with any civil investigation under this section, removes from any place, conceals,
withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary
material in the possession, custody, or control of any person subject of any such
notice, or mistakes or conceals any information, shall be subject to a civil penalty
of not more than $25,000.00 and to recovery by the Attorney General’s or State’s Attorney’s
office the reasonable value of its services and expenses in enforcing compliance with
this section.
(c)(1) Whenever any person fails to comply with any notice served upon him or her under this
section or whenever satisfactory copying or reproduction of material pursuant to this
section cannot be done and the person refuses to surrender the material, the Attorney
General or a State’s Attorney may file, in the Superior Court in which the person
resides or has his or her principal place of business, or in Washington County if
the person is a nonresident or has no principal place of business in this State, and
serve upon the person, a petition for an order of the court for the enforcement of
this section.
(2) Whenever a petition is filed under this section, the court shall have jurisdiction
to hear and determine the matter presented and to enter one or more orders as may
be required to carry into effect the provisions of this section.
(3) A person who violates an order entered under this section by a court shall be punished
for contempt of court and shall be subject to a civil penalty of not more than $25,000.00
and to recovery by the Attorney General’s or State’s Attorney’s office of the reasonable
value of its services and expenses in enforcing compliance with this section. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 6, eff. April 4, 1969; 1973, No. 110, § 4; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1997, No. 161 (Adj. Sess.), § 25, eff. Jan. 1, 1998; 2013, No. 44, § 5.)
§ 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 injunction
shall retain jurisdiction, and the cause shall be continued, and in such cases the
Attorney General or a State’s Attorney acting in the name of the State may petition
for recovery of such civil penalty.
(b) Any consumer who contracts for goods or services in reliance upon false or fraudulent
representations or practices prohibited by section 2453 of this title, or who sustains damages or injury as a result of any false or fraudulent representations
or practices prohibited by section 2453 of this title, or prohibited by any rule or regulation made pursuant to section 2453 of this title, may sue for appropriate equitable relief and may sue and recover from the seller,
solicitor, or other violator the amount of his or her damages, or the consideration
or the value of the consideration given by the consumer, reasonable attorney’s fees,
and exemplary damages not exceeding three times the value of the consideration given
by the consumer. Any language, written or oral, used by a seller or solicitor, that
attempts to exclude or modify recovery of the penalty or reasonable attorney’s fees
shall be unenforceable.
(c) Any person alleged to have violated the terms of subsection (b) of this section shall
be entitled to a trial by jury, unless waived according to law. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 7, eff. April 4, 1969; 1971, No. 235 (Adj. Sess.), § 2; 1973, No. 110, § 5.)
§ 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 or offers to sell propane to a consumer.
(C) “Terminates service” means that a seller:
(i) disconnects, removes, or locks off that seller’s propane tank;
(ii) reads a meter with the purpose of terminating service; or
(iii) takes other action that evidences an intent to terminate a service relationship with
a consumer or evidences knowledge that the consumer requested termination of service.
(2) The Attorney General shall investigate irregularities, complaints, and unfair or deceptive
acts in commerce by sellers.
(b) For the purpose of promoting business practices that are uniformly fair to sellers
and that protect consumers, the Attorney General shall adopt necessary rules, including
notice prior to disconnection, repayment agreements, minimum delivery, discrimination,
security deposits, and the assessment of fees and charges.
(c)(1) A violation of this section, or a rule adopted under this section not inconsistent
with this section, shall constitute an unfair and deceptive act in commerce in violation
of section 2453 of this title.
(2) No contract for propane services shall contain any provision that conflicts with the
obligations and remedies established by this section or by any rule adopted under
this section, and any conflicting provision shall be unenforceable and void.
(d) A seller shall not:
(1) assess a minimum usage fee;
(2) assess a fee for propane that is not actually delivered to a consumer; or
(3) require a consumer to purchase a minimum number of gallons of propane per year, except
as part of a guaranteed price plan that meets the requirements of section 2461e of this title.
(e) When terminating service to a consumer, a seller shall comply with the following requirements:
(1)(A) If the propane storage tank has been located on the consumer’s premises, regardless
of ownership of the premises, for 12 months or more, the seller may not assess a fee
related to termination of propane service, including a fee:
(i) to remove the seller’s storage tank from the premises;
(ii) to pump out or restock propane; or
(iii) to terminate service.
(B) If a consumer has received propane service from the seller for less than 12 months,
any fee related to termination of service may not exceed the disclosed price of labor
and materials.
(2) Subject to subdivision (h)(5) of this section:
(A) Within 20 days of the date when the seller terminates service or is notified by the
consumer in writing that service has been disconnected, whichever is earlier, the
seller shall refund to the consumer the amount paid by the consumer for any propane
remaining in the storage tank, less any payments due the seller from the consumer.
(B) If the quantity of propane remaining in the storage tank cannot be determined with
certainty, the seller shall, within the 20 days described in subdivision (2)(A) of
this subsection, refund to the consumer the amount paid by the consumer for 80 percent
of the seller’s best reasonable estimate of the quantity of propane remaining in the
tank, less any payments due from the consumer. The seller shall refund the remainder
of the amount due as soon as the quantity of propane left in the tank can be determined
with certainty, but no later than 14 days after the removal of the tank or restocking
of the tank at the time of reconnection.
(3)(A) Any refund to the consumer shall be by cash, check, direct deposit, credit to a credit
card account, or in the same method or manner of payment that the consumer, or a third
party on the consumer’s behalf, used to make payments to the seller.
(B) Unless requested by the consumer, a seller shall not provide a refund in the form
of a reimbursement or credit to any account with the seller.
(4) If the seller fails to mail or deliver a refund to the consumer in accordance with
this subsection, the seller shall within one business day make a penalty payment to
the consumer, in addition to the refund, of:
(A) $250.00 on the first day after the refund was due; and
(B) $75.00 per day for each day thereafter until the refund and penalty payment have been
mailed or delivered, provided that the total amount that accrues under this subdivision
(B) shall not exceed 10 times the amount of the refund.
(5) Termination of service does not void any guaranteed price plan that meets the requirements
of section 2461e of this title that has not expired by its own terms.
(f)(1) A seller of propane shall not refuse to deliver propane to a storage tank owned by
a consumer if the consumer provides proof of ownership of the tank and the seller
has conducted a safety check of the tank in accordance with NFPA 54 (National Fuel
Gas Code) and NFPA 58 (Storage and Handling of Liquefied Petroleum Gas Code) of the
National Fire Protection Association and complies with rules adopted by the Attorney
General governing propane.
(2) If a seller of propane chooses to finance a consumer’s purchase of a storage tank,
the financing shall be a retail installment sale as provided in chapter 61 of this
title.
(g) Nonpayment of the following charges may be the only basis for an interruption or disconnection
of service: propane, leak or pressure test, safety check, restart of equipment, after-hours
delivery, special trip for delivery, and meter read.
(h)(1) A seller who has a duty to remove a propane storage tank from a consumer’s premises
shall remove the tank within 20 days or, in the case of an underground storage tank,
within 30 days of the earliest of the following dates:
(A) the date on which the consumer requests termination of service;
(B) the date the seller disconnects propane service; or
(C) the date on which the seller is notified by the consumer in writing that service has
been disconnected.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, if a consumer
requests that a tank be removed on a specific day, the seller shall remove the tank
no more than 10 days after the date requested, or within the period required by subdivision
(1) of this subsection, whichever is later.
(3) A seller who fails to remove a propane storage tank in accordance with this subsection
shall make a penalty payment to the consumer of:
(A) $250.00 on the first day after the tank should have been removed; and
(B) $75.00 per day for each day thereafter until the tank has been removed and the penalty
payments have been mailed or delivered, provided that the total amount that accrues
under this subdivision (B) shall not exceed $2,000.00.
(4)(A) Notwithstanding subdivision (3) of this subsection, no penalty shall be due for the
time a seller is unable to remove a tank due to weather or other conditions not caused
by the seller that bar access to the tank, if the seller provides within five days
of the latest date the tank was otherwise required to be removed:
(i) a written explanation for the delay;
(ii) what reasonable steps the consumer must take to provide access to the tank; and
(iii) a telephone number, a mailing address, and an e-mail address the consumer can use
to notify the seller that the steps have been taken.
(B) The seller shall have 20 days from the date he or she receives the notice from the
consumer required in subdivision (4)(A)(iii) of this subsection to remove the tank.
(5) A consumer who prevents access to a propane storage tank, such that a seller is unable
to timely remove the tank from the property or determine the amount of propane remaining
in the tank in compliance with this section, shall not be entitled to a refund for
propane remaining in the storage tank pursuant to subsection (e) of this section until
the consumer takes the reasonable steps identified by the seller that are necessary
to allow access to the tank and provides notice to the seller that he or she has taken
those steps, in compliance with the process established in subdivision (4) of this
subsection. (Added 1985, No. 34, § 2; amended 2011, No. 47, § 19a, eff. May 25, 2011; 2013, No. 44, § 1; 2013, No. 111 (Adj. Sess.), § 1, eff. April 24, 2014; 2015, No. 23, § 90.)
§ 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
commerce and a violation of section 2453 of this title.
(b) It is the intent of the General Assembly that in construing subsection (a) of this
section, the courts of the State will be guided by similar terms contained in federal
anti-trust law as construed by the courts of the United States and as amended by Congress.
(c) The Attorney General shall adopt rules when necessary and proper to carry out the
purposes of this section. The rules shall not be inconsistent with the rules, regulations,
and decisions of the Federal Trade Commission or with the decisions of the courts
of the United States construing federal anti-trust law.
(d) The Attorney General has the same authority to conduct civil investigations and enter
into assurances of discontinuance as provided under subchapter 1 of this chapter.
(e) A person aggrieved by a violation of this section or a violation of rules adopted
under this section may bring an action in Superior Court for appropriate relief under
subsection 2461(b) of this title.
(f) This section shall not be construed to limit rights or remedies available to a person
under any other law. (Added 2005, No. 35, § 1; amended 2017, No. 74, § 14.)
§ 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 may extend
the market emergency for additional 30-day periods. “Market emergency” means any abnormal
disruption of any market for petroleum products or heating fuel products, including
any actual or threatened shortage in the supply of petroleum products or heating fuel
products or any actual or threatened increase in the price of petroleum products or
heating fuel products resulting from severe weather, convulsion of nature, supply
manipulation, failure or shortage of electric power or other source of energy, strike,
civil disorder, act of war, terrorist attack, national or local emergency, or other
extraordinary adverse circumstances.
(2) “Petroleum or heating fuel product” means motor fuels, liquefied petroleum gas, fuel
oil, kerosene, and wood pellets used for heating or cooking purposes.
(3) “Petroleum or heating fuel-related business” means any producer, supplier, wholesaler,
distributor, or retail seller of any petroleum or heating fuel product.
(b) It is an unfair and deceptive act and practice in commerce and a violation of section 2453 of this title for any petroleum or heating fuel-related business during a market emergency or seven
days prior thereto to sell or offer to sell any petroleum product or heating fuel
product for an amount that represents an unconscionably high price.
(c) A price is unconscionably high if:
(1) the amount charged during the market emergency or seven days prior thereto represents
a gross disparity between the price of the petroleum product or heating fuel product
charged by the petroleum or heating fuel related business and:
(A) the price at which the same product was sold or offered for sale by that business
in the usual course of business immediately prior to the date of the declaration of
the market emergency; or
(B) the price at which the same or similar petroleum product or heating fuel product is
readily obtainable by the buyer and other buyers in the trade area in which the petroleum-
or heating-fuel-related business markets the product; and
(2) the disparity is not substantially attributable to increased prices charged by the
petroleum product or heating fuel product suppliers or increased costs due to a market
emergency. (Added 2005, No. 210 (Adj. Sess.), § 2.)
§ 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 prepaid
contract, a cost-plus contract, and any other similar terms, shall be in writing,
and the terms and conditions of such price plans shall be disclosed. Such disclosure
shall be in plain language and shall immediately follow the language concerning the
price or service that could be affected and shall be printed in no less than 12-point
boldface type of uniform font. A solicitation for the retail sale of home heating
oil or liquefied petroleum gas that offers a guaranteed price plan that could become
a contract upon a response from a consumer, including a fixed price contract, a prepaid
contract, a cost-plus contract, and any other similar terms, shall be in writing,
and the terms and conditions of such offer shall be disclosed in plain language.
(2) Subdivision (1) of this subsection does not preclude a first come, first served offering.
(b) Security for prepaid contracts.
(1) No home heating oil, kerosene, or liquefied petroleum gas dealer shall enter into
a prepaid contract to provide home heating oil, kerosene, or liquefied petroleum gas
to a consumer unless that dealer has, within seven days of the acceptance of the contract,
obtained and maintained any one of the following:
(A) Futures contract. Heating oil, kerosene, or liquefied petroleum gas contracts or other similar commitments
that allow the dealer to purchase, at a fixed price, heating oil, kerosene, or liquefied
petroleum gas in an amount not less than 75 percent of the maximum number of gallons
that the dealer is committed to deliver pursuant to all prepaid contracts entered
into by the dealer.
(B) Surety bond. A surety bond in an amount not less than 50 percent of the total amount of funds paid
to the dealer by consumers pursuant to prepaid heating oil, kerosene, or liquefied
petroleum gas contracts.
(C) Line of credit, letter of credit, cash. A line of credit from an FDIC-insured institution, letter of credit from an FDIC-insured
institution, cash in an FDIC-insured account or a functionally equivalent account,
or combination thereof in an amount that represents 100 percent of the cost to the
dealer of the maximum number of gallons that the dealer is committed to deliver pursuant
to all prepaid contracts entered into by the dealer. The cost shall be calculated
at the time the contracts are entered into.
(2) A dealer shall maintain the amount of futures contracts required by this subsection
for the period of time for which the prepaid home heating oil, kerosene, or liquefied
petroleum gas contracts are effective, except that the amount of the futures contracts
may be reduced during such period of time to reflect any amount of home heating oil,
kerosene, or liquefied petroleum gas already delivered to and paid for by the consumer.
(3) Subdivision (1) of this subsection shall not apply to budget plans under which consumers
pay 1/12th of their yearly heating fuel cost each month.
(c)(1) Disclosure; additional contract requirements. A prepaid home heating oil, kerosene, or liquefied petroleum gas contract shall indicate:
(A) the amount of funds paid by the consumer to the dealer under the contract;
(B) the maximum number of gallons of home heating oil, kerosene, or liquefied petroleum
gas committed by the dealer for delivery to the consumer pursuant to the contract;
and
(C) that the performance of the prepaid contract is secured by one of the three options
described in subsection (b) of this section.
(2) Reimbursement default provision. Any contract described in this subsection shall provide that the contract price of
any undelivered home heating oil, kerosene, or liquefied petroleum gas owed to the
consumer under the contract at the end date of the contract shall be reimbursed to
the consumer not later than 30 days after the end date of the contract, unless the
parties to the contract agree otherwise.
(d) Private right of action under Consumer Protection Act. In addition to the remedies set forth in sections 2458 and 2461 of this title, a home heating oil, kerosene, or liquefied petroleum gas dealer may bring an action
against its heating oil, kerosene, or liquefied petroleum gas suppliers for failing
to honor its contract with the home heating oil, kerosene, or liquefied petroleum
gas dealer. The home heating oil, kerosene, or liquefied petroleum gas dealer bringing
the action may recover all remedies available to consumers under subsection 2461(b) of this title. (Added 2005, No. 210 (Adj. Sess.), § 2; amended 2011, No. 109 (Adj. Sess.), § 2, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1a, eff. May 18, 2012; 2013, No. 44, § 3.)
§ 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 Protection Division.” (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1973, No. 110, § 6.)
§ 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-Lending Act, 15 U.S.C. § 1601 et seq., the issuer of the credit card on which the consumer has charged the purchase
shall, for one year from the date of the sale, or within any other time period available
under applicable network operating rules in effect at the time of the sale, whichever
is greater, and for the purpose of a disputed charge and reimbursement to the consumer,
be subject to the claim or defense that the seller failed to comply with the disclosure
requirements of subsection 2454(b) of this chapter and engaged in a related unfair
or deceptive act or practice under subsection 2453(a) of this title, regardless of the amount of the purchase, the location of the seller, or the amount,
if any, already paid by the consumer. Where a consumer has raised such a claim or
defense, the issuer shall not report any negative information on the purchase to any
consumer reporting agency as defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f), unless there is a judicial determination that the consumer’s defense or claim is
without merit, except that the issuer may report that there is a dispute with respect
to the charge. (Added 1993, No. 99, § 4; amended 2011, No. 136 (Adj. Sess.), § 3, eff. May 18, 2013.)
§ 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 proposed by the National Conference
of Commissioners on Uniform State Laws or any substantially similar law, is voidable,
and the agreement shall be interpreted pursuant to the laws of this State if the party
against whom enforcement of the choice of law provisions is sought is a resident of
this State or has its principal place of business located in this State. For purposes
of this section, a “computer information agreement” means an agreement that would
be governed by the Uniform Computer Information Transactions Act or substantially
similar law as enacted in the state specified in the choice of law provisions if that
state’s law were applied to the agreement. This section may not be varied by agreement
of the parties. This section shall remain in force until such time as the General
Assembly enacts the Uniform Computer Information Transactions Act or any substantially
similar law and that law becomes effective. (Added 2003, No. 44, § 2, eff. Jan. 1, 2004.)
§ 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 telephone call in which the telemarketer has clearly stated that the consumer
is authorizing the transfer from his or her account and has further stated the consumer’s
name, a description of the specific goods or services offered, any material terms
of the transaction, the date on or after which the account will be debited, the amount
of the transfer, a telephone number for consumer inquiries that is answered during
normal business hours, and the date of the authorization; and
(B) where the telemarketer has either tape-recorded the entire telemarketing call on which
the consumer has authorized the transaction and not disposed of the recording until
at least four years after the authorization or has provided written notice to the
consumer, prior to the settlement date of the transfer, confirming the terms of the
authorization as described in subdivision (A) of this subdivision (1) and has not
disposed of the written notice until at least four years after the notice was created.
Isolated and inadvertent failure to comply with this record-keeping requirement shall
not give rise to liability under this subsection, provided that the telemarketer has
in place reasonable procedures designed to comply with this requirement.
(2) “Financial account” means a checking, savings, share, or other depository account.
(3) “Process” includes printing a check, draft, or other form of negotiable instrument
drawn on or debited against a consumer’s financial account, formatting or transferring
data for use in connection with the debiting of a consumer’s account by means of such
an instrument or an electronic funds transfer, or arranging for such services to be
provided to a telemarketer.
(4) “Telemarketer” means any person who initiates telephone calls to, or who receives
telephone calls from, a consumer in connection with a plan, program, or campaign to
market goods or services. The term “telemarketer” does not include:
(A) a federally insured depository institution or its subsidiary when it obtains or submits
for payment a check, draft, or other form of negotiable instrument drawn on or debited
against a person’s checking, savings, share, or other depository account at that institution;
(B) any person that submits a payment when the consumer authorizing the submission has,
prior to July 1, 1997, entered into a written contract with the person for the issuance
of a charge or credit card;
(C) any person who initiates telephone calls to or who receives telephone calls from a
consumer in connection with collection of an amount due for goods or services previously
provided to the consumer;
(D) any company registered with and regulated by the Public Utility Commission;
(E) any other category of persons that the Attorney General may exempt by rule consistent
with the purposes of this section.
(b) It is an unfair and deceptive act and practice in commerce for any telemarketer directly
or through an agent:
(1) to procure the services of any third-party delivery, courier, or other pickup service
to obtain a consumer’s payment for goods, unless the goods are delivered at the time
that the consumer’s payment is obtained by the courier;
(2) to obtain or submit for payment a check, draft, or other form of negotiable instrument
drawn on a person’s financial account without the consumer’s prior written authorization
or to dispose of the written authorization until at least four years after the authorization;
or
(3) to obtain funds from a person’s financial account by means of an electronic funds
transfer unless:
(A)(i) the consumer has initiated the telephone call to the telemarketer; or
(ii) the telemarketer and the consumer have a current written agreement for the provision
of goods or services or the consumer has purchased goods or services from the telemarketer
within the previous two years; and
(B) the telemarketer has obtained the consumer’s express oral authorization to the transfer
prior to initiating the debit.
(c) It is an unfair and deceptive act and practice in commerce for a party other than
a federally insured depository institution to process for payment from a consumer’s
financial account, in connection with a telemarketer’s transaction with the consumer:
(1) a check, draft, or other form of negotiable instrument drawn on or debited against
such account without the consumer’s prior written authorization; or
(2) an electronic funds transfer from such account for goods or services offered by a
telemarketer, unless:
(A)(i) the consumer has initiated the telephone call to the telemarketer; or
(ii) the telemarketer and the consumer have a current written agreement for the provision
of goods or services or the consumer has purchased goods or services from the telemarketer
within the previous two years; and
(B) the telemarketer has obtained the consumer’s express oral authorization to the transfer
prior to initiating the debit.
(d) In addition to the legal liability described in subsection (c) of this section, it
is an unfair and deceptive act and practice in commerce for any person, including
a third-party delivery, courier, or other pickup service, or the telemarketer’s financial
institution as defined in 8 V.S.A. § 10202(5), but not including the consumer’s financial institution as defined in 8 V.S.A. § 10202(5), to provide substantial assistance to a telemarketer in violation of subsection (b)
of this section when the person or the person’s authorized agent knows or consciously
avoids knowing that the telemarketer is engaging in an unfair or deceptive act or
practice in commerce.
(e) It is an unfair and deceptive act and practice in commerce for a party other than
a federally insured depository institution who processes a telemarketing transaction
for payment from a consumer’s financial account to:
(1) fail to obtain, before processing the transaction, any prior written authorization
required by subdivision (b)(2) of this section or any tape recording or copy of a
written confirmation required by subdivision (b)(3) of this section as part of the
consumer’s express oral authorization; or
(2) dispose of a document required by subdivision (1) of this subsection, or of telemarketer
applications or agreements, records of payments processed or returned, electronic
communications relating to telemarketers, consumer complaints, or any other category
of record that the Attorney General may prescribe by rule, until at least four years
after the records were created. (Added 1997, No. 42, § 2; amended 2005, No. 5, § 1; 2007, No. 134 (Adj. Sess.), §§ 2-5.)
§ 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).
(2) “Caller identification information” means information a caller identification service
provides regarding the name and number of the person calling.
(3) “Caller identification service” means a service that allows a subscriber of the service
to have the telephone number and, where available, the name of the calling party transmitted
contemporaneously with the telephone call and displayed on a device in or connected
to the subscriber’s telephone.
(4) “Federal functional regulator” means a federal functional regulator as defined in
15 U.S.C. § 6809(2).
(5) “Financial institution” means a financial institution as defined in 15 U.S.C. § 6809(3).
(6) “Tax-exempt organization” means an organization described in Section 501(c) of the
Internal Revenue Service Code (26 U.S.C. § 501(c)).
(7) “Telemarketer” means any telephone solicitor. However, “telemarketer” does not include
any telephone solicitor who is otherwise registered or licensed with, or regulated
or chartered by, the Secretary of State, the Public Utility Commission, the Department
of Financial Regulation, or the Department of Taxes or is a financial institution
subject to regulations adopted pursuant to 15 U.S.C. § 6804(a) by a federal functional regulator. Telephone solicitors registered with the Department
of Taxes to collect Vermont income withholding, sales and use, or meals and rooms
tax, but not registered with any other agency listed in this subdivision, shall provide
to the Secretary of State an address and agent for the purpose of submitting to the
jurisdiction of the Vermont courts in any action brought for violations of this section.
(8) “Telephone solicitation”:
(A) means the solicitation by telephone of a customer for the purpose of encouraging the
customer to contribute to an organization that is not a tax-exempt organization, or
to purchase, lease, or otherwise agree to pay consideration for money, goods, or services;
and
(B) does not include:
(i) telephone calls made in response to a request or inquiry by the called customer;
(ii) telephone calls made by or on behalf of a tax-exempt organization, an organization
incorporated as a nonprofit organization with the State of Vermont, or an organization
in the process of applying for tax-exempt status or nonprofit status;
(iii) telephone calls made by a person not regularly engaged in the activities listed in
subdivision (A) of this subdivision (8); or
(iv) telephone calls made to a person with whom the telephone solicitor has an established
business relationship.
(9) “Telephone solicitor” means any person placing telephone solicitations, or hiring
others, on an hourly, commission, or independent contractor basis to conduct telephone
solicitations.
(b) Prohibition; Caller Identification Information.
(1) No telemarketer shall make a telephone solicitation to a telephone number in Vermont
without having first registered in accordance with section 2464b of this title.
(2) No person shall make any telephone call to a telephone number in Vermont that violates
the Federal Trade Commission’s Do Not Call Rule, 16 C.F.R. subdivision 310.4(b)(1)(iii),
or the Federal Communication Commission’s Do Not Call Rule, 47 C.F.R. subdivision
64.1200(c)(2) and subsection (d), as amended from time to time.
(3)(A) A person who places a telephone call to make a telephone solicitation or to induce
a charitable contribution, donation, or gift of money or other thing of value shall
transmit or cause to be transmitted to a caller identification service in use by the
recipient of the call:
(i) the caller’s telephone number; and
(ii) if made available by the caller’s carrier, the caller’s name.
(B) Notwithstanding subdivision (A) of this subdivision (3), a caller may substitute for
its own name and number the name and the number, which is answered during regular
business hours, of the person on whose behalf the caller places the call.
(c) Violation. A violation of this section shall constitute a violation of section 2453 of this title. Each prohibited telephone call shall constitute a separate violation. In considering
a civil penalty for violations of subdivision (b)(2) of this section, the court may
consider, among other relevant factors, the extent to which a telephone solicitor
maintained and complied with procedures designed to ensure compliance with the rules
of the Federal Communications Commission and the Federal Trade Commission.
(d) Criminal Penalties. A telemarketer who makes a telephone solicitation in violation of subdivision (b)(1)
of this section shall be imprisoned for not more than 18 months or fined not more
than $10,000.00, or both. It shall be an affirmative defense, for a telemarketer with
five or fewer employees, that the telemarketer did not know and did not consciously
avoid knowing that Vermont has a requirement of registration of telemarketers. Each
telephone call shall constitute a separate solicitation under this section. This section
shall not be construed to limit a person’s liability under any other civil or criminal
law. (Added 2001, No. 120 (Adj. Sess.), § 1; amended 2003, No. 89 (Adj. Sess.), § 1, eff. April 7, 2004; 2017, No. 66, § 1, eff. June 8, 2017.)
§ 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 conduct telephone solicitations,
only the person who causes others to conduct telephone solicitations need register.
The Secretary of State may adopt rules prescribing the manner in which registration
under this section shall be conducted, including a requirement of notice to the Secretary
by the telemarketer when the telemarketer ceases to do business in Vermont.
(b) The Secretary of State shall require that each telemarketer designate an agent for
the purpose of submitting to the jurisdiction of the Vermont courts in any action
brought for violations of section 2464a of this title.
(c) The Secretary of State shall collect the following fees when a document described
in this section is delivered to the Office of the Secretary of State for filing:
(1) Registration: $125.00.
(2) Statement of change of designated agent or designated office, or both: $25.00, not
to exceed $1,000.00 per filer per calendar year. (Added 2001, No. 120 (Adj. Sess.), § 2; amended 2013, No. 72, § 2.)
§ 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’s fees. The
court may issue an award for the person’s actual damages or $500.00 for a first violation,
or $1,000.00 for each subsequent violation, whichever is greater. In considering the
amount of punitive damages, the court may consider, among other relevant factors,
the extent to which a telephone solicitor maintained and complied with procedures
designed to ensure compliance with the requirements of sections 2464a and 2464b of this title. This section shall not limit any other claims the person may have under applicable
law. (Added 2001, No. 120 (Adj. Sess.), § 3; amended 2003, No. 89 (Adj. Sess.), § 2, eff. April 7, 2004; 2017, No. 66, § 1, eff. June 8, 2017.)
§ 2464d. Telephone preference service
Local exchange carriers shall provide notices at least annually to residential customers
of the availability of telephone callers’ do not call lists under federal law and
of the federal Do Not Call Registry, and a description of how to register. (Added 2001, No. 120 (Adj. Sess.), § 4; amended 2003, No. 89 (Adj. Sess.), § 3, eff. April 7, 2004.)
§ 2464e. Robocalls; prohibition; penalty
(a) Intent. It is the intent of the General Assembly in adopting this section to create State
law prohibition on the placement of robocalls to Vermont consumers that is coextensive
with the federal limitations created in the Telephone Consumer Protection Act, the
Telemarketing and Consumer Fraud and Abuse Prevention Act, the regulations adopted
under those Acts, and the judicial construction of these laws.
(b) Prohibition. A person shall not initiate an automatically dialed or prerecorded telephone call
to a Vermont consumer in violation of the federal Telephone Consumer Protection Act,
47 U.S.C. § 227; the federal Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101–6108; and the regulations adopted pursuant to those Acts, as amended.
(c) Civil violation.
(1) A violation of this section constitutes a violation of section 2453 of this title.
(2) Each prohibited telephone call constitutes a separate violation under this subsection.
(3)(A) A person who receives a telephone call in violation of this section may bring an action
in Superior Court for damages or a civil penalty, injunctive relief, punitive damages
in the case of a willful violation, and reasonable costs and attorney’s fees.
(B) The court may issue an award for the greater of a person’s damages or a civil penalty
of $500.00 for a first violation and $1,000.00 for each subsequent violation.
(d) Criminal penalties.
(1) A person who commits a knowing and willful violation of this section shall be imprisoned
for not more than 90 days or fined not more than $1,000.00 per violation, or both.
(2) Each telephone call constitutes a separate violation under this subsection.
(e) The Attorney General shall exercise his or her authority and discretion to work cooperatively
with other state and federal government entities to identify callers who initiate
robocalls to consumers in violation of this section and to enforce the provisions
of this section regardless of the location of the caller. (Added 2021, No. 183 (Adj. Sess.), § 57, eff. July 1, 2023.)
§ 2465. Antitrust remedies
(a) Any person who sustains damages or injury as a result of any violation of State antitrust
laws, including section 2453 of this title, may sue and recover from the violator the amount of his or her damages, or the consideration
or the value of the consideration given by the aggrieved person, reasonable attorney’s
fees, and exemplary damages, not exceeding three times the value of the consideration
given or damages sustained by the aggrieved person.
(b) In any action for damages or injury sustained as a result of any violation of State
antitrust laws, pursuant to section 2453 of this title, the fact that the State, any public agency, political subdivision, or any other
person has not dealt directly with a defendant shall not bar or otherwise limit recovery.
The court shall take all necessary steps to avoid duplicate liability, including the
transfer or consolidation of all related actions. (Added 1999, No. 65 (Adj. Sess.), § 3.)
§ 2465a. Definition of local, local to Vermont, and locally grown or made in Vermont
(a) As used in this section:
(1) “Eggs” means eggs that are the product of laying birds, including chickens, turkeys,
ducks, geese, or quail, and that are in the shell.
(2) “Majority of ingredients” means more than 50 percent of all product ingredients by
volume, excluding water.
(3) “Processed food” means any food other than a raw agricultural product and includes
a raw agricultural product that has been subject to processing, such as canning, cooking,
dehydrating, milling, or the addition of other ingredients. Processed food includes
dairy, meat, maple products, beverages, fruit, or vegetables that have been subject
to processing, baked, or modified into a value-added or unique food product.
(4) “Raw agricultural product” means any food in its raw or natural state without added
ingredients, including pasteurized or homogenized milk, maple sap or syrup, honey,
meat, eggs, apple cider, and fruits or vegetables that may be washed, colored, or
otherwise treated in their unpeeled natural form prior to marketing.
(5) “Substantial period of its life” means an animal that was harvested in Vermont and
lived in Vermont for at least one third of its life or one year.
(6) “Unique food product” means food processed in Vermont from ingredients that are not
regularly produced in Vermont or not available in sufficient quantities to meet production
requirements.
(b) For the purposes of this chapter and rules adopted pursuant to subsection 2453(c)
of this chapter, “local,” “local to Vermont,” “locally grown or made in Vermont,”
and any substantially similar term shall have the following meaning based on the type
of food or food product:
(1) For products that are raw agricultural products, “local to Vermont” means the product:
(A) was exclusively grown or tapped in Vermont;
(B) is not milk and was derived from an animal that was raised for a substantial period
of its lifetime in Vermont;
(C) is milk where a majority of the milk was produced from Vermont animals; or
(D) is honey produced by Vermont colonies located exclusively in Vermont when all nectar
was collected.
(2) Except as provided in subdivision (3) of this subsection, for products that are processed
foods, “local to Vermont” means:
(A) the majority of the ingredients are raw agricultural products that are local to Vermont;
and
(B) the product meets one or both or the following criteria:
(i) the product was processed in Vermont; or
(ii) the headquarters of the company that manufactures the product is located in Vermont.
(3) For bakery products, beverages, or unique food products, the product meets two or
more of the following criteria:
(A) the majority of the ingredients are raw agricultural products that are local to Vermont;
(B) substantial transformation of the ingredients in the product occurred in Vermont;
or
(C) the headquarters of the company that manufactures the product is located in Vermont.
(c) For the purposes of this chapter and rules adopted pursuant to subsection 2453(c)
of this chapter, when referring to products other than food, “local” and any substantially
similar term shall mean that the goods being advertised originated within Vermont.
(d) For the purposes of this chapter and rules adopted under subsection 2453(c) of this title, “local,” “locally grown or made,” and substantially similar terms may be used in
conjunction with a specific geographic location provided that the specific geographic
location appears as prominently as the term “local” and the representation of origin
is accurate. If a local representation refers to a specific city or town, the product
shall have been grown or made in that city or town. If a local representation refers
to a region with precisely defined political boundaries, the product shall have been
grown or made within those boundaries. If a local representation refers to a region
that is not precisely defined by political boundaries, then the region shall be prominently
described when the representation is made, or the product shall have been grown or
made within 30 miles of the point of sale, measured directly point to point.
(e) A person or company who sells or markets food or goods impacted by a change in this
section shall have until January 1, 2021 to utilize existing product labels or packaging
materials and to come into compliance with the requirements of this section. (Added 2007, No. 207 (Adj. Sess.), § 6, eff. June 11, 2008; amended 2019, No. 129 (Adj. Sess.), § 17.)
§ 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 the Internet, on a
website, or in a listing of the floral business in a telephone directory or other
directory assistance database the geographic location of the floral business as “local,”
“locally owned,” or physically located within Vermont.
(b) A floral business is considered to misrepresent its geographic location that it is
“local,” “locally owned,” or located within Vermont in violation of subsection (a)
of this section if the floral business is not physically located in Vermont and:
(1) the advertisement, Internet, website, or directory listing would lead a reasonable
consumer to conclude that the floral business is physically located in Vermont; or
(2) the advertisement, Internet, website, or directory listing uses the name of a floral
business that is physically located in Vermont, with geographic terms that would lead
a reasonable consumer to understand the advertised floral business to be physically
located in Vermont.
(c) A retail floral business physically located in Vermont shall be deemed a consumer
for the purposes of enforcing this section under subsection 2461(b) of this chapter. (Added 2011, No. 52, § 45, eff. May 27, 2011.)
§ 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.
(b) No person shall arrange on behalf of a seller of goods or services, directly or through
an intermediary, with a local exchange carrier, to bill a consumer for goods or services
other than as permitted by this section. This prohibition applies, but is not limited,
to persons who aggregate consumer billings for a seller and to persons who serve as
a clearinghouse for aggregated billings.
(c) Failure to comply with this section is an unfair and deceptive act and practice in
commerce under this chapter.
(d) The Attorney General may make rules and regulations to carry out the purposes of this
section.
(e) Nothing in this section limits the liability of any person under existing statutory
or common law.
(f)(1) This section shall apply to billing aggregators described in 30 V.S.A. § 231a, but shall not apply to:
(A) billing for goods or services marketed or sold by persons subject to the jurisdiction
of the Vermont Public Utility Commission under 30 V.S.A. § 203;
(B) billing for direct dial or dial around services initiated from the consumer’s telephone;
or
(C) operator-assisted telephone calls, collect calls, or telephone services provided to
facilitate communication to or from correctional center inmates.
(2) Nothing in this section affects any rule issued by the Vermont Public Utility Commission. (Added 1999, No. 67 (Adj. Sess.), § 5; amended 2011, No. 52, § 78, eff. May 27, 2011.)
§ 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 under section 2453 of this title.
(c)(1) It shall be a prohibited practice under section 2453 of this title for a manufacturer of prescription drugs to present or cause to be presented in the
State a regulated advertisement if that advertisement does not comply with the requirements
concerning drugs and devices and prescription drug advertising in federal law and
regulations under 21 U.S.C. §§ 331 and 352(n) and 21 C.F.R. Part 202.
(2) For purposes of this section:
(A) “Manufacturer of prescription drugs” means a person authorized by law to manufacture,
bottle, or pack drugs or biological products; a licensee or affiliate of that person;
or a labeler that receives drugs or biological products from a manufacturer or wholesaler
and repackages them for later retail sale and has a labeler code from the federal
Food and Drug Administration under 21 C.F.R. § 202.20.
(B) “Regulated advertisement” means:
(i) the presentation to the general public of a commercial message regarding a prescription
drug or biological product by a manufacturer of prescription drugs that is broadcast
on television, cable, or radio from a station or cable company that is physically
located in the State, broadcast over the Internet from a location in the State, or
printed in magazines or newspapers that are printed, distributed, or sold in the State;
or
(ii) a commercial message regarding a prescription drug or biological product by a manufacturer
of prescription drugs or its representative that is conveyed:
(I) to the office of a health care professional doing business in Vermont, including statements
by representatives or employees of the manufacturer and materials mailed or delivered
to the office; or
(II) at a conference or other professional meeting occurring in Vermont.
(d) No person shall sell, offer for sale, or distribute electronic prescribing software
that advertises, uses instant messaging and pop-up advertisements, or uses other means
to influence or attempt to influence the prescribing decision of a health care professional
through economic incentives or otherwise and that is triggered or in specific response
to the input, selection, or act of a health care professional or agent in prescribing
a specific prescription drug or directing a patient to a certain pharmacy. This subsection
shall not apply to information provided to the health care professional about pharmacy
reimbursement, prescription drug formulary compliance, and patient care management. (Added 2007, No. 80, § 21; amended 2007, No. 89 (Adj. Sess.), § 5, eff. March 5, 2008; 2013, No. 144 (Adj. Sess.), § 15; 2015, No. 23, § 42.)
§ 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 service provider, either directly or through a third person, upon
the occurrence of an action specified within the system to initiate a call or connection.
(2) “Emergency functions” include services provided by the Department of Public Safety,
firefighting services, police services, sheriff’s department services, medical and
health services, rescue, engineering, emergency warning services, communications,
evacuation of persons, emergency welfare services, protection of critical infrastructure,
emergency transportation, temporary restoration of public utility services, other
functions related to civilian protection, and all other activities necessary or incidental
to the preparation for and carrying out of these functions.
(3) “Emergency service provider” means a person that performs emergency functions.
(b) Before executing a contract for the sale or lease of a security, monitoring, alarm,
or similar system that includes an automatic dialing service, the seller or lessor
of the system shall disclose in writing:
(1) any fee or charge the seller or lessor charges to the buyer or lessee for the service;
and
(2) that the buyer or lessor may be subject to additional fees or charges imposed by another
person for use of the service.
(c) A person who fails to provide the disclosure required by subsection (b) of this section
commits an unfair and deceptive act in commerce in violation of section 2453 of this title. (Added 2015, No. 55, § 4.)
§ 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 broadband Internet access service complies with the open Internet rules
contained in the Federal Communications Commission’s 2015 Open Internet Order, “Protecting and Promoting the Open Internet,” WC Docket No. 14-28, Report and Order on Remand, Declaratory Ruling and Order, 30 FCC Rcd 5601.
(b) The Attorney General shall disclose his or her findings under this section on a publicly
available, easily accessible website maintained by his or her office. (Added 2017, No. 169 (Adj. Sess.), § 8.)
§ 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 a medical, dental,
behavioral health, mental health, substance use disorder treatment, surgical, psychiatric,
therapeutic, diagnostic, preventative, rehabilitative, or supportive nature, including
medication.
(2) “Medical debt” means debt arising from health care services, including dental services,
or from health care goods, including products, devices, durable medical equipment,
and prescription drugs. “Medical debt” does not include debt arising from services
provided by a veterinarian, debt charged to a credit card unless the credit card is
issued under an open-end or closed-end credit plan offered solely for the payment
of health care services, debt charged to a home equity or general-purpose line of
credit, or secured debt. (Added 2025, No. 21, § 4, eff. July 1, 2025.)
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Subchapter 003: FAIR CREDIT REPORTING
§ 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 agency placed a security freeze under section 2480h of this title; and
(B) who, on the day on which a request for the removal of the security freeze is submitted
under section 2480h of this title, is not a protected consumer.
(3) “Credit report” means any written, oral, or other communication of any information
by a credit reporting agency bearing on a consumer’s credit worthiness, credit standing,
credit capacity, character, general reputation, personal characteristics, or mode
of living, including an investigative credit report. The term does not include:
(A) a report containing information solely as to transactions or experiences between the
consumer and the person making the report; or
(B) an authorization or approval of a specific extension of credit directly or indirectly
by the issuer of a credit card or similar device.
(4) “Credit reporting agency” or “agency” means a person who, for fees, dues, or on a
cooperative basis, regularly engages in whole or in part in the practice of assembling
or evaluating information concerning a consumer’s credit or other information for
the purpose of furnishing a credit report to another person.
(5) “File” shall have the same meaning as in 15 U.S.C. § 1681a.
(6) “Identity theft” means the unauthorized use of another person’s personal identifying
information to obtain credit, goods, services, money, or property.
(7) “Incapacitated person” shall have the same meaning as in 14 V.S.A. § 3152.
(8) “Investigative credit report” means a report in which information on a consumer’s
character, general reputation, personal characteristics, or mode of living is obtained
through personal interviews with neighbors, friends, or associates of the consumer
reported on or with others with whom the consumer is acquainted or who may have knowledge
concerning any such items of information. The term does not include reports of specific
factual information on a consumer’s credit record obtained directly from a creditor
of the consumer or from a credit reporting agency when such information was obtained
directly from a creditor of the consumer or from the consumer.
(9)(A) “Personal information” means personally identifiable financial information:
(i) provided by a consumer to another person;
(ii) resulting from any transaction with the consumer or any service performed for the
consumer; or
(iii) otherwise obtained by another person.
(B) “Personal information” does not include:
(i) publicly available information, as that term is defined by the regulations prescribed
under 15 U.S.C. § 6804; or
(ii) any list, description, or other grouping of consumers and publicly available information
pertaining to the consumers that is derived without using any nonpublic personal information.
(C) Notwithstanding subdivision (B) of this subdivision (9), “personal information” includes
any list, description, or other grouping of consumers and publicly available information
pertaining to the consumers that is derived using any nonpublic personal information
other than publicly available information.
(10) “Proper authority” means:
(A) in the case that it is required of a protected consumer’s representative:
(i) sufficient proof of identification of the protected consumer;
(ii) sufficient proof of identification of the protected consumer’s representative; and
(iii) sufficient proof of authority to act on behalf of the protected consumer; and
(B) in the case that it is required of a consumer who is subject to a protected consumer
security freeze:
(i) sufficient proof of identification of the consumer who is subject to a protected consumer
security freeze; and
(ii) proof that the consumer who is subject to a protected consumer security freeze is
not a protected consumer.
(11) “Proper identification” shall have the same meaning as in 15 U.S.C. § 1681h(a)(1), and includes:
(A) the consumer’s full name, including first, last, and middle names and any suffix;
(B) any name the consumer previously used;
(C) the consumer’s current and recent full addresses, including street address, any apartment
number, city, state, and zip code;
(D) the consumer’s Social Security number; and
(E) the consumer’s date of birth.
(12) “Protected consumer” means a natural person who, at the time a request for a security
freeze is made, is:
(A) under 16 years of age;
(B) an incapacitated person; or
(C) a protected person.
(13) “Protected consumer security freeze” means:
(A) if a consumer reporting agency does not have a file that pertains to a protected consumer,
a restriction that:
(i) is placed on the protected consumer’s record in accordance with this subchapter; and
(ii) except as otherwise provided in this subchapter, prohibits the consumer reporting
agency from releasing the protected consumer’s record; or
(B) if a consumer reporting agency has a file that pertains to the protected consumer,
a restriction that:
(i) is placed on the protected consumer’s credit report in accordance with this subchapter;
and
(ii) except as otherwise provided in this subchapter, prohibits the consumer reporting
agency from releasing the protected consumer’s credit report or any information derived
from the protected consumer’s credit report.
(14) “Protected person” shall have the same meaning as in 14 V.S.A. § 3152.
(15) “Record” means a compilation of information that:
(A) identifies a protected consumer;
(B) is created by a consumer reporting agency solely for the purpose of complying with
this section; and
(C) may not be created or used to consider the protected consumer’s credit worthiness,
credit standing, credit capacity, character, general reputation, personal characteristics,
or mode of living.
(16) “Representative” means a person who provides to a consumer reporting agency sufficient
proof of authority to act on behalf of a protected consumer.
(17) “Security freeze” means a notice placed in a credit report, at the request of the
consumer, pursuant to section 2480h of this title.
(18) “Sufficient proof of authority” means documentation that shows that a person has authority
to act on behalf of a protected consumer, including:
(A) a birth certificate;
(B) a court order;
(C) a lawfully executed power of attorney; or
(D) a written, notarized statement signed by the person that expressly describes the person’s
authority to act on behalf of the protected consumer.
(19) “Sufficient proof of identification” means information or documentation that identifies
a protected consumer or a representative, including:
(A) a Social Security number or a copy of a Social Security card issued by the U.S. Social
Security Administration;
(B) a certified or official copy of a birth certificate; or
(C) a copy of a government-issued driver’s license or identification card. (Added 1991, No. 246 (Adj. Sess.), § 1; amended 2003, No. 155 (Adj. Sess.), § 1, eff. July 1, 2005; 2005, No. 211 (Adj. Sess.), § 1; 2017, No. 179 (Adj. Sess.), § 4, eff. Jan. 1, 2019; 2019, No. 57, § 21.)
§ 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) any credit score or predictor relating to the consumer, in a form and manner that
complies with such comments or guidelines as may be issued by the Federal Trade Commission;
(2) the names of users requesting information pertaining to the consumer during the prior
12-month period and the date of each request; and
(3) a clear and concise explanation of the information.
(b) As frequently as new telephone directories are published, the credit reporting agency
shall cause to be listed its name and number in each telephone directory published
to serve communities of this State. In accordance with rules adopted by the Attorney
General, the credit reporting agency shall make provision for consumers to request
by telephone the information required to be disclosed pursuant to subsection (a) of
this section at no cost to the consumer.
(c) Any time a credit reporting agency is required to make a written disclosure to consumers
pursuant to 15 U.S.C. § 1681g, it shall disclose, in at least 12-point type, and in bold type as indicated, the
following notice:
“NOTICE TO VERMONT CONSUMERS
(1) Under Vermont law, you are allowed to receive one free copy of your credit report
every 12 months from each credit reporting agency. If you would like to obtain your
free credit report from [INSERT NAME OF COMPANY], you should contact us by [[writing
to the following address: [INSERT ADDRESS FOR OBTAINING FREE CREDIT REPORT]] or [calling
the following number: [INSERT TELEPHONE NUMBER FOR OBTAINING FREE CREDIT REPORT]],
or both].
(2) Under Vermont law, no one may access your credit report without your permission except
under the following limited circumstances:
(A) in response to a court order;
(B) for direct mail offers of credit;
(C) if you have given ongoing permission and you have an existing relationship with the
person requesting a copy of your credit report;
(D) where the request for a credit report is related to an education loan made, guaranteed,
or serviced by the Vermont Student Assistance Corporation;
(E) where the request for a credit report is by the Office of Child Support when investigating
a child support case;
(F) where the request for a credit report is related to a credit transaction entered into
prior to January 1, 1993;
(G) where the request for a credit report is by the Vermont Department of Taxes and is
used for the purpose of collecting or investigating delinquent taxes; or
(H) where the request for a credit report is by an organization that is exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code for the purpose of determining eligibility for the abolition of medical debt.
(3) If you believe a law regulating consumer credit reporting has been violated, you may
file a complaint with the Vermont Attorney General’s Consumer Assistance Program,
104 Morrill Hall, University of Vermont, Burlington, Vermont 05405.
Vermont Consumers
Have the Right to Obtain a Security Freeze
You have a right to place a “security freeze” on your credit report pursuant to 9 V.S.A. § 2480h at no charge. The security freeze will prohibit a credit reporting agency from releasing
any information in your credit report without your express authorization. A security
freeze must be requested in writing by certified mail.
The security freeze is designed to help prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gains access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding new loans, credit, mortgage, insurance, government services or payments, rental housing, employment, investment, license, cellular phone, utilities, digital signature, internet credit card transaction, or other services, including an extension of credit at point of sale.
When you place a security freeze on your credit report, within ten business days you will be provided a personal identification number, password, or other equally or more secure method of authentication to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a specific party, parties, or period of time after the freeze is in place. To provide that authorization, you must contact the credit reporting agency and provide all of the following:
(1) The unique personal identification number, password, or other method of authentication
provided by the credit reporting agency.
(2) Proper identification to verify your identity.
(3) The proper information regarding the third party or parties who are to receive the
credit report or the period of time for which the report shall be available to users
of the credit report.
A credit reporting agency may not charge a fee to remove the freeze on your credit report or authorize the release of your credit report for a specific party, parties, or period of time after the freeze is in place.
A credit reporting agency that receives a request from a consumer to lift temporarily a freeze on a credit report shall comply with the request no later than three business days after receiving the request.
A security freeze will not apply to “preauthorized approvals of credit.” If you want to stop receiving preauthorized approvals of credit, you should call [INSERT PHONE NUMBERS] [ALSO INSERT ALL OTHER CONTACT INFORMATION FOR PRESCREENED OFFER OPT-OUT.]
A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account, provided you have previously given your consent to this use of your credit reports. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
You have a right to bring a civil action against someone who violates your rights under the credit reporting laws. The action can be brought against a credit reporting agency or a user of your credit report.”
(d) The information required to be disclosed by this section shall be disclosed in writing.
The information required to be disclosed pursuant to subsection (c) of this section
shall be disclosed on one side of a separate document, with text no smaller than that
prescribed by the Federal Trade Commission for the notice required under 15 U.S.C. § 1681g. The information required to be disclosed pursuant to subsection (c) of this section
may accurately reflect changes in numerical items that change over time (such as the
telephone number or address of Vermont State agencies) and remain in compliance.
(e) The Attorney General may revise this required notice by rule as appropriate from time
to time, provided no new substantive rights are created. (Added 1991, No. 246 (Adj. Sess.), § 1; amended 1993, No. 3, § 1, eff. April 9, 1993; 1997, No. 93 (Adj. Sess.), § 1; 2003, No. 155 (Adj. Sess.), § 2, eff. July 1, 2005; 2005, No. 211 (Adj. Sess.), § 2; 2017, No. 171 (Adj. Sess.), § 3, eff. May 22, 2018; 2021, No. 20, § 21; 2025, No. 21, § 5, eff. July 1, 2025.)
§ 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 required under subsection 2480d(g) of this title (notice of results of reinvestigation); or
(3) notifying any person designated by the consumer pursuant to 15 U.S.C. § 1681i of the deletion of information that is found to be inaccurate or that can no longer
be verified.
(b) For all other disclosures to consumers of information available to users pertaining
to the consumer the credit reporting agency may impose a reasonable charge, not to
exceed $7.50, on the consumer. (Added 1991, No. 246 (Adj. Sess.), § 1.)
§ 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 reinvestigate free of charge and record
the current status of the disputed information on or before 30 business days after
the date the agency receives notice from the consumer.
(b) On or before five business days after the date a credit reporting agency receives
notice of a dispute from a consumer in accordance with subsection (a) of this section,
the agency shall provide notice of the dispute to all persons who provided any item
of information in dispute.
(c) Notwithstanding subsection (a) of this section, a credit reporting agency may terminate
a reinvestigation of information disputed by a consumer under such subsection if the
agency reasonably determines that such dispute by the consumer is frivolous or irrelevant.
Upon making such a determination, a credit reporting agency shall promptly notify
the consumer of such determination and the reasons therefor, by mail, or if authorized
by the consumer for that purpose, by telephone. The presence of contradictory information
in the consumer’s file does not in and of itself constitute reasonable grounds for
determining the dispute is frivolous or irrelevant.
(d) In conducting a reinvestigation under subsection (a) of this section, the credit reporting
agency shall review and consider all relevant information submitted by the consumer
with respect to such disputed information.
(e) If, after a reinvestigation under subsection (a) of this section of any information
disputed by a consumer, the information is found to be inaccurate or cannot be verified,
the credit reporting agency shall promptly delete such information from the consumer’s
file. For purposes of this section, “information” shall not include other information
in the same item that is not disputed by the consumer.
(f) If any information is deleted after a reinvestigation under subsection (a) of this
section, the information may not be reinserted in the consumer’s file after deletion
unless the person who furnishes the information reinvestigates and states in writing
or by electronic record to the agency that the information is complete and accurate.
Such furnisher shall not provide such statement unless the furnisher reasonably believes
that the information is complete and accurate. Upon such reinvestigation and statement
by the furnisher, the credit reporting agency shall promptly notify the consumer of
any reinsertion.
(g) A credit reporting agency shall provide written notice of the results of any reinvestigation
under this subsection within five business days of the completion of the reinvestigation,
by mail or, if authorized by the consumer for that purpose, by telephone. This notice
shall include:
(1) a statement that the reinvestigation is complete;
(2) a statement of the determination of the agency on the completeness or accuracy of
the disputed information;
(3) a credit report that is based upon the consumer’s file as that file is revised as
a result of the reinvestigation;
(4) a description of the manner in which the information disputed by the consumer has
been altered, changed, deleted, or modified in the consumer’s credit report;
(5) a description of the procedure used to determine the accuracy and completeness of
the information, including the name, business address, and, if available, the telephone
number of any person contacted in connection with such information; and
(6) a notification that the consumer has the right, pursuant to 15 U.S.C. § 1681i, to add a statement to the consumer’s file disputing the accuracy or completeness
of the information. (Added 1991, No. 246 (Adj. Sess.), § 1.)
§ 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 used for the
purpose consented to by the consumer.
(b) Credit reporting agencies shall adopt reasonable procedures to ensure maximum possible
compliance with subsection (a) of this section.
(c) Nothing in this section shall be construed to affect:
(1) the ability of a person who has secured the consent of the consumer pursuant to subdivision
(a)(2) of this section to include in his or her request to the consumer permission
to also obtain credit reports, in connection with the same transaction or extension
of credit, for the purpose of reviewing the account, increasing the credit line on
the account, for the purpose of taking collection action on the account, or for other
legitimate purposes associated with the account; and
(2) the use of credit information for the purpose of prescreening, as defined and permitted
from time to time by the Federal Trade Commission. (Added 1991, No. 246 (Adj. Sess.), § 1.)
§ 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 aggrieved by a violation of this subchapter or rules adopted under this
subchapter may bring an action in Superior Court for the consumer’s damages, injunctive
relief, punitive damages in the case of a willful violation, and reasonable costs
and attorney’s fees. In the case of a violation by a credit reporting agency, or in
the case of a willful violation by any person, the court, in addition, may issue an
award for the consumer’s actual damages or $100.00, whichever is greater. In considering
the amount of punitive damages, the court may consider, among other relevant factors:
(1) the extent to which a credit reporting agency failed to consider relevant information
provided by the consumer during any reinvestigation of information in the consumer’s
file; and
(2) the extent to which a credit reporting agency maintained and complied with procedures
designed to ensure compliance with the requirements of this subchapter.
(c) The Attorney General has the same authority to make rules, conduct civil investigations,
and bring civil actions with respect to any alleged violations of this subchapter
as is provided under subchapter 1 of this chapter. (Added 1991, No. 246 (Adj. Sess.), § 1.)
§ 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 Office of Child Support services when investigating a child
support case pursuant to Title IV-D of the Social Security Act and 33 V.S.A. § 4102.
(c) The provisions of section 2480e of this title shall not apply to credit transactions entered into prior to January 1, 1993.
(d) The provisions of section 2480e of this title shall not apply to the Department of Taxes, its agents, or assigns:
(1) where the Department has reason to believe that the taxpayer is liable for delinquent
taxes, and the Department is seeking the taxpayer’s credit report in furtherance of
the investigation or collection of such delinquent taxes; or
(2) where the Department is seeking the taxpayer’s credit report in furtherance of the
collection of a debt owed by the taxpayer to the State of Vermont.
(e) The provisions of section 2480e of this title shall not apply to an organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code when determining eligibility for the abolition of medical debt; provided, however,
that the exemption from the provisions of section 2480e of this title shall not apply to a tax-exempt organization that is a large health care facility,
as defined in 18 V.S.A. § 9481. (Added 1991, No. 246 (Adj. Sess.), § 1; amended 1997, No. 50, § 1, eff. June 26, 1997; 2025, No. 21, § 6, eff. July 1, 2025.)
§ 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 parties, or removing for a specific period of time
after the freeze is in place, a security freeze on a credit report.
(2) A consumer may place a security freeze on his or her credit report by making a request
in writing by certified mail to a credit reporting agency.
(3) A security freeze shall prohibit, subject to the exceptions in subsection (l) of this section, the credit reporting agency from releasing the consumer’s credit
report or any information from it without the express authorization of the consumer.
(4) This subsection does not prevent a credit reporting agency from advising a third party
that a security freeze is in effect with respect to the consumer’s credit report.
(b) A credit reporting agency shall place a security freeze on a consumer’s credit report
not later than five business days after receiving a written request from the consumer.
(c) The credit reporting agency shall send a written confirmation of the security freeze
to the consumer within 10 business days and shall provide the consumer with a unique
personal identification number or password, other than the customer’s Social Security
number, or another method of authentication that is equally or more secure than a
PIN or password, to be used by the consumer when providing authorization for the release
of his or her credit for a specific party, parties, or period of time.
(d) If the consumer wishes to allow his or her credit report to be accessed for a specific
party, parties, or period of time while a freeze is in place, he or she shall contact
the credit reporting agency, request that the freeze be temporarily lifted, and provide
the following:
(1) proper identification;
(2) the unique personal identification number, password, or other method of authentication
provided by the credit reporting agency pursuant to subsection (c) of this section;
and
(3) the proper information regarding the third party, parties, or time period for which
the report shall be available to users of the credit report.
(e) A credit reporting agency may develop procedures involving the use of telephone, fax,
the Internet, or other electronic media to receive and process a request from a consumer
to lift temporarily a freeze on a credit report pursuant to subsection (d) of this
section in an expedited manner.
(f) A credit reporting agency that receives a request from a consumer to lift temporarily
a freeze on a credit report pursuant to subsection (d) of this section shall comply
with the request not later than three business days after receiving the request.
(g) A credit reporting agency shall remove or lift temporarily a freeze placed on a consumer’s
credit report only in the following cases:
(1) Upon consumer request, pursuant to subsection (d) or (j) of this section.
(2) If the consumer’s credit report was frozen due to a material misrepresentation of
fact by the consumer. If a credit reporting agency intends to remove a freeze upon
a consumer’s credit report pursuant to this subdivision, the credit reporting agency
shall notify the consumer in writing prior to removing the freeze on the consumer’s
credit report.
(h) If a third party requests access to a credit report on which a security freeze is
in effect and this request is in connection with an application for credit or any
other use and the consumer does not allow his or her credit report to be accessed
for that specific party or period of time, the third party may treat the application
as incomplete.
(i) If a consumer requests a security freeze pursuant to this section, the credit reporting
agency shall disclose to the consumer the process of placing and lifting temporarily
a security freeze and the process for allowing access to information from the consumer’s
credit report for a specific party, parties, or period of time while the security
freeze is in place.
(j) A security freeze shall remain in place until the consumer requests that the security
freeze be removed. A credit reporting agency shall remove a security freeze within
three business days of receiving a request for removal from the consumer who provides
both of the following:
(1) proper identification; and
(2) the unique personal identification number, password, or other method of authentication
provided by the credit reporting agency pursuant to subsection (c) of this section.
(k) A credit reporting agency shall require proper identification of the person making
a request to place or remove a security freeze.
(l) The provisions of this section, including the security freeze, do not apply to the
use of a consumer report by the following:
(1) A person, or the person’s subsidiary, affiliate, agent, or assignee with which the
consumer has or, prior to assignment, had an account, contract, or debtor-creditor
relationship for the purposes of reviewing the account or collecting the financial
obligation owing for the account, contract, or debt, or extending credit to a consumer
with a prior or existing account, contract, or debtor-creditor relationship, subject
to the requirements of section 2480e of this title. For purposes of this subdivision, “reviewing the account” includes activities related
to account maintenance, monitoring, credit line increases, and account upgrades and
enhancements.
(2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom
access has been granted under subsection (d) of this section for purposes of facilitating
the extension of credit or other permissible use.
(3) Any person acting pursuant to a court order, warrant, or subpoena.
(4) The Office of Child Support when investigating a child support case pursuant to Title
IV-D of the Social Security Act (42 U.S.C. § 651 et seq.) and 33 V.S.A. § 4102.
(5) The Economic Services Division of the Department for Children and Families or the
Department of Vermont Health Access or its agents or assignee acting to investigate
welfare or Medicaid fraud.
(6) The Department of Taxes, municipal taxing authorities, or the Department of Motor
Vehicles, or any of their agents or assignees, acting to investigate or collect delinquent
taxes or assessments, including interest and penalties, unpaid court orders, or acting
to fulfill any of their other statutory or charter responsibilities.
(7) A person’s use of credit information for the purposes of prescreening as provided
by the federal Fair Credit Reporting Act.
(8) Any person for the sole purpose of providing a credit file monitoring subscription
service to which the consumer has subscribed.
(9) A credit reporting agency for the sole purpose of providing a consumer with a copy
of his or her credit report upon the consumer’s request.
(10) Any property and casualty insurance company for use in setting or adjusting a rate
or underwriting for property and casualty insurance purposes. (Added 2003, No. 155 (Adj. Sess.), § 3, eff. July 1, 2005; amended 2005, No. 174 (Adj. Sess.), § 15; 2005, No. 211 (Adj. Sess.), §§ 3, 4; 2009, No. 156 (Adj. Sess.), § I.15; 2017, No. 171 (Adj. Sess.), § 4, eff. May 22, 2018.)
§ 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 within 30 days of the change being posted to the consumer’s
file: name, date of birth, Social Security number, and address. Written confirmation
is not required for technical modifications of a consumer’s official information,
including name and street abbreviations, complete spellings, or transposition of numbers
or letters. In the case of an address change, the written confirmation shall be sent
to both the new address and the former address. (Added 2003, No. 155 (Adj. Sess.), § 3, eff. July 1, 2005.)
§ 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 report under the provisions of subdivision (3) of this section shall be
subject to any security freeze placed on a credit report by another credit reporting
agency from which it obtains information:
(1) A check services or fraud prevention services company, which reports on incidents
of fraud or issues authorizations for the purpose of approving or processing negotiable
instruments, electronic fund transfers, or similar methods of payment.
(2) A deposit account information service company, which issues reports regarding account
closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information
regarding a consumer to inquiring banks or other financial institutions for use only
in reviewing a consumer request for a deposit account at the inquiring bank or financial
institution.
(3) A credit reporting agency that:
(A) acts only to resell credit information by assembling and merging information contained
in a database of one or more credit reporting agencies; and
(B) does not maintain a permanent database of credit information from which new credit
reports are produced. (Added 2003, No. 155 (Adj. Sess.), § 3, eff. July 1, 2005.)
§ 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 identifying information
to the State Police or to the person’s local law enforcement agency. The law enforcement
agency shall take the complaint and provide the complainant with a copy of the complaint,
the name of the law enforcement officer taking the complaint, and an incident number
or case number assigned to the complaint by the law enforcement agency. If the suspected
crime was committed in a different jurisdiction, the law enforcement agency shall
take the complaint and provide the complainant with a copy of the complaint, the name
of the law enforcement officer taking the complaint, and an incident number or case
number assigned to the complaint by the law enforcement agency and refer the complaint
to a law enforcement agency in that different jurisdiction. (Added 2003, No. 155 (Adj. Sess.), § 3, eff. July 1, 2005.)
§ 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 substantively different from the address on the offer or solicitation
shall make a commercially reasonable attempt to verify the change of address, which
may include checking addresses on other open accounts. (Added 2003, No. 155 (Adj. Sess.), § 3, eff. July 1, 2005.)
§ 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, committee, department, branch, instrumentality,
commission, or authority of any political subdivision of the State shall take all
reasonable steps to redact any Social Security numbers from the document. Files and
records made available to the public in accordance with and pursuant to 24 V.S.A. § 1165 are not considered posted in a place of general public circulation for the purposes
of this section. (Added 2003, No. 155 (Adj. Sess.), § 3, eff. July 1, 2005.)
§ 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 deceased. The credit reporting agency
shall indicate on the deceased person’s credit reporting file that the person is deceased
within five business days of receipt of the following documentation from the executor,
administrator, or other person authorized to act on behalf of the estate of the deceased
person:
(1) a certificate of death, or a certificate of appointment, letters testamentary, or
other order from the Probate Division of the Superior Court authorizing the executor,
administrator, or other person to act on behalf of the estate of the deceased person;
and
(2) a request to indicate on the deceased person’s credit reporting file that the person
is deceased.
(b) The credit reporting agency may remove the indication placed on the person’s file
pursuant to subsection (a) of this section if the credit reporting agency finds that
the indication was placed on the person’s file through material misrepresentation
of fact. If the credit reporting agency intends to remove the indication pursuant
to this subsection, the credit reporting agency shall notify the executor, administrator,
or other person authorized to act on behalf of the estate in writing prior to removing
the indication. (Added 2003, No. 155 (Adj. Sess.), § 3, eff. July 1, 2005; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
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Subchapter 012A: PFAS IN CONSUMER PRODUCTS [EFFECTIVE JANUARY 1, 2026]
§ 2494e. Definitions [Effective January 1, 2026]
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 been treated during
the manufacturing process for stain, oil, and water resistance, but excludes products
marketed or sold exclusively for use at industrial facilities during the manufacture
of a carpet, rug, clothing, or shoe.
[Subdivision (3) effective until July 1, 2028; see also subdivision (3) effective July
1, 2028 set out below.]
(3) “Apparel” means any of the following:
(A) Clothing items intended for regular wear or formal occasions, including undergarments,
shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits,
saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports
uniforms, everyday swimwear, formal wear, onesies, bibs, reusable diapers, footwear,
and everyday uniforms for workwear. Clothing items intended for regular wear or formal
occasions do not include clothing items for exclusive use by the U.S. Armed Forces,
outdoor apparel for severe wet conditions, and personal protective equipment.
(B) Outdoor apparel.
[Subdivision (3) effective July 1, 2028; see also subdivision (3) effective until July
1, 2028 set out above.]
(3) “Apparel” means any of the following:
(A) Clothing items intended for regular wear or formal occasions, including undergarments,
shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits,
saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports
uniforms, everyday swimwear, formal wear, onesies, bibs, reusable diapers, footwear,
and everyday uniforms for workwear. Clothing items intended for regular wear or formal
occasions do not include clothing items for exclusive use by the U.S. Armed Forces
and personal protective equipment.
(B) Outdoor apparel.
(C) Outdoor apparel for severe wet conditions.
(4) “Artificial turf” means a surface of synthetic fibers that is used in place of natural
grass in recreational, residential, or commercial applications.
(5) “Cleaning product” means a compound intended for routine cleaning, including general
purpose cleaners, bathroom cleaners, glass cleaners, carpet cleaners, floor care products,
and hand soaps. “Cleaning product” does not mean an antimicrobial pesticide.
(6) “Cookware” means durable houseware items used to prepare, dispense, or store food,
foodstuffs, or beverages and that are intended for direct food contact, including
pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking
utensils.
(7) “Dental floss” means a string-like device made of cotton or other fibers intended
to remove plaque and food particles from between the teeth to reduce tooth decay.
The fibers of the device may be coated with wax for easier use.
(8) “Fluorine treated container” means a fluorinated treated plastic container.
(9) “Incontinency protection product” means a disposable, absorbent hygiene product designed
to absorb bodily waste for use by individuals 12 years of age and older.
[Subdivision (10) effective until July 1, 2027; see also subdivision (10) effective
July 1, 2027 set out below.]
(10) “Intentionally added” means the addition of a chemical in a product that serves an
intended function in the product component.
[Subdivision (10) effective July 1, 2027; see also subdivision (10) effective until
July 1, 2027 set out above.]
(10) “Intentionally added PFAS” means PFAS added to a product regulated under this subchapter
or one of its product components to provide a specific characteristic, appearance,
or quality or to perform a specific function. “Intentionally added PFAS” also includes
any degradation byproducts of PFAS or PFAS that are intentional breakdown products
of an added chemical. For the purposes of this chapter, the use of PFAS as a processing
agent, mold release agent, or intermediate is considered intentional introduction
where PFAS are detected in the final covered product.
(11) “Juvenile product” means a product designed or marketed for use by infants and children
under 12 years of age:
(A) including a baby or toddler foam pillow; bassinet; bedside sleeper; booster seat;
changing pad; infant bouncer; infant carrier; infant seat; infant sleep positioner;
infant swing; infant travel bed; infant walker; nap cot; nursing pad; nursing pillow;
pacifier; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow; portable
foam nap mat; portable infant sleeper; portable hook-in chair; soft-sided portable
crib; stroller; toddler mattress; and disposable, single-use diaper;
(B) excluding a children’s electronic product, such as a personal computer, audio and
video equipment, calculator, wireless phone, game console, handheld device incorporating
a video screen, or any associated peripheral such as a mouse, keyboard, power supply
unit, or power cord; a medical device; or an adult mattress; and
(C) excluding children’s all-terrain vehicles, as that term is defined under 23 V.S.A. § 3801.
(12) “Manufacturer” means any person engaged in the business of making or assembling a
consumer product directly or indirectly available to consumers. “Manufacturer” excludes
a distributor or retailer, except when a consumer product is made or assembled outside
the United States, in which case a “manufacturer” includes the importer or first domestic
distributor of the consumer product.
(13) “Medical device” has the same meaning given to “device” in 21 U.S.C. § 321.
(14) “Outdoor apparel” means clothing items intended primarily for outdoor activities,
including hiking, camping, skiing, climbing, bicycling, and fishing.
(15) “Outdoor apparel for severe wet conditions” means outdoor apparel that are extreme
and extended use products designed for outdoor sports experts for applications that
provide protection against extended exposure to extreme rain conditions or against
extended immersion in water or wet conditions, such as from snow, in order to protect
the health and safety of the user and that are not marketed for general consumer use.
Examples of extreme and extended use products include outerwear for offshore fishing,
offshore sailing, whitewater kayaking, and mountaineering.
(16) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated
organic chemicals containing at least one fully fluorinated carbon atom.
(17) “Personal protective equipment” has the same meaning as in section 2494p of this title.
[Subdivision (18) effective until July 1, 2027; see also subdivision (18) effective
July 1, 2027 set out below.]
(18) “Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means:
(A) PFAS that a manufacturer has intentionally added to a product and that have a functional
or technical effect in the product, including PFAS components of intentionally added
chemicals and PFAS that are intentional breakdown products of an added chemical that
also have a functional or technical effect in the product; or
(B) the presence of PFAS in a product or product component at or above 100 parts per million,
as measured in total organic fluorine.
[Subdivision (18) effective July 1, 2027; see also subdivision (18) effective until
July 1, 2027 set out above.]
(18) “Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means:
(A) PFAS that a manufacturer has intentionally added to a product and that have a functional
or technical effect in the product, including PFAS components of intentionally added
chemicals and PFAS that are intentional breakdown products of an added chemical that
also have a functional or technical effect in the product; or
(B) the presence of PFAS in a product or product component at or above 50 parts per million,
as measured in total organic fluorine.
(19) “Rug or carpet” means a fabric marketed or intended for use as a floor covering.
(20) “Ski wax” means a lubricant applied to the bottom of snow runners, including skis
and snowboards, to improve their grip and glide properties.
(21) “Textile” means any item made in whole or part from a natural, manmade, or synthetic
fiber, yarn, or fabric, and includes leather, cotton, silk, jute, hemp, wool, viscose,
nylon, or polyester. “Textile” does not include single-use paper hygiene products,
including toilet paper, paper towels, tissues, or single-use absorbent hygiene products.
(22) “Textile articles” means textile goods of a type customarily and ordinarily used in
households and businesses, and includes apparel, accessories, handbags, backpacks,
draperies, shower curtains, furnishings, upholstery, bedding, towels, napkins, and
table cloths. “Textile articles” does not include:
(A) a vehicle, as defined in 1 U.S.C. § 4, or its component parts;
(B) a vessel, as defined in 1 U.S.C. § 3, or its component parts;
(C) an aircraft, as defined in 49 U.S.C. § 40102(a)(6), or its component parts;
(D) filtration media and filter products used in industrial applications, including chemical
or pharmaceutical manufacturing and environmental control technologies;
(E) textile articles used for laboratory analysis and testing; and
(F) rugs or carpets. (Added 2023, No. 131 (Adj. Sess.), § 3, eff. January 1, 2026; amended 2025, No. 54, § 1, multiple effective dates; 2025, No. 54, § 2, eff. July 1, 2027; 2025, No. 54, § 3, eff. July 1, 2028.)
§ 2494f. Prohibition on PFAS in consumer products [Effective January 1, 2026]
(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 stain and water-resistant treatments;
(2) artificial turf;
[Subdivision (a)(3) effective July 1, 2027.]
(3) cleaning products;
[Subdivision (a)(4) effective July 1, 2028.]
(4) cookware;
[Subdivision (a)(5) effective July 1, 2027.]
(5) dental floss;
(6) incontinency protection products;
(7) juvenile products;
(8) residential rugs and carpets; or
(9) ski wax.
(b) A manufacturer shall not manufacture, sell, offer for sale, distribute for sale, or
distribute for use in the State textiles or textile articles to which regulated PFAS
have been intentionally added in any amount.
(c) The prohibitions under subsections (a) and (b) of this section shall not apply to
the sale, offer for sale, distribution for sale, or distribution for use of any of
the products listed under subsections (a) and (b) of this section that have been previously
used by a consumer for the intended purpose of the product. (Added 2023, No. 131 (Adj. Sess.), § 3, eff. January 1, 2026; amended 2025, No. 54, § 1, multiple effective dates.)
§ 2494g. Fluorine treated containers [Effective July 1, 2027]
(a) A manufacturer shall not sell, offer for sale, distribute for sale, or distribute
for use in the State a product listed under subdivisions 2494f(a)(1)–(9) of this title
that does not contain intentionally added PFAS but that is sold, offered for sale,
distributed for sale, or distributed for use in the State in a fluorine treated container.
(b) The prohibition under subsection (a) of this section shall not apply to the sale,
offer for sale, distribution for sale, or distribution for use of a product that has
been previously used by a consumer for the intended purpose of the product.
(c) Beginning on January 1, 2032, a manufacturer shall not manufacture, sell, offer for
sale, distribute for sale, or distribute for use in the State a fluorine treated container
or any consumer product in a fluorine treated container. (Added 2025, No. 54, § 1, eff. July 1, 2027.)
§ 2494h. Certificate of compliance [Effective January 1, 2026]
(a) The Attorney General may request a certificate of compliance from a manufacturer of
a consumer product regulated under this subchapter. Within 60 days after receipt of
the Attorney General’s request for a certificate of compliance, the manufacturer shall:
(1) provide the Attorney General with a certificate attesting that the manufacturer’s
product or products comply with the requirements of this subchapter; or
(2) notify persons who are selling a product of the manufacturer’s in this State that
the sale is prohibited because the product does not comply with this subchapter and
submit to the Attorney General a list of the names and addresses of those persons
notified.
(b) A manufacturer required to submit a certificate of compliance pursuant to this section
may rely upon a certificate of compliance provided to the manufacturer by a supplier
for the purpose of determining the manufacturer’s reporting obligations. A certificate
of compliance provided by a supplier in accordance with this subsection shall be used
solely for the purpose of determining a manufacturer’s compliance with this section. (Added 2023, No. 131 (Adj. Sess.), § 3, eff. January 1, 2026; 2025, No. 54, § 1, eff. January 1, 2026.)
§ 2494i. Violations [Effective January 1, 2026]
(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 private parties
have the same rights and remedies, as provided under subchapter 1 of this chapter. (Added 2023, No. 131 (Adj. Sess.), § 3, eff. January 1, 2026; 2025, No. 54, § 1, eff. January 1, 2026.)