reglab/housing_qa huggingface dataset:
9 V.S.A. § 2453b
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2453b. Retaliation prohibited

§ 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.)
9 V.S.A. § 2454a
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2454a. Consumer contracts; automatic renewal

§ 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.)
9 V.S.A. § 2455
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2455. Defenses

§ 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.)
9 V.S.A. § 2456
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2456. Confession of judgment

§ 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.)
9 V.S.A. § 2457
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2457. Evidence of fraud

§ 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.)
9 V.S.A. § 2458
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2458. Restraining prohibited acts

§ 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.)
9 V.S.A. § 2459
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2459. Assurance of discontinuance

§ 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.)
9 V.S.A. § 2461
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2461. Civil penalty

§ 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.)
9 V.S.A. § 2461a
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2461a. Hearing aid violations

§ 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.)
9 V.S.A. § 2461c
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2461c. Predatory pricing

§ 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.)
9 V.S.A. § 2461d
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2461d. Price gouging of petroleum products and heating fuel products

§ 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.)
9 V.S.A. § 2462
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2462. Action by State's Attorney

§ 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.)
9 V.S.A. § 2463
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2463. Credit billing for certain home solicitation sales

§ 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.)
9 V.S.A. § 2463a
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2463a. Choice of law in computer information agreement

§ 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.)
9 V.S.A. § 2464b
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2464b. Registration of telemarketers

§ 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.)
9 V.S.A. § 2464c
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2464c. Private cause of action

§ 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.)
9 V.S.A. § 2464d
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2464d. Telephone preference service

§ 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.)
9 V.S.A. § 2465
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 63 - Consumer Protection|§ 2465. Antitrust remedies

§ 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.)