§ 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; […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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, […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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, […]
