reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2466b. Disclosure of fee for automatic dialing service

§ 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.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2466c. Internet service; network management; Attorney General review and disclosure

§ 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.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2469. Loaners

§ 2469. Loaners
A loaner must:
(1) be in good working order;
(2) perform the essential functions of the assistive technology device that is being repaired, considering the needs of the user;
(3) not create a threat to the safety of the user; and
(4) be provided to the consumer by the manufacturer through the assistive device dealer within two business days after notice from the consumer of the nonconformity, except in the case of an assistive device that requires extensive custom retrofit in order to perform the essential functions. Such a custom device shall be provided as soon as reasonably possible, but in no case later than 10 business days after notice. (Added 1999, No. 104 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470a. Definition

§ 2470a. Definition
As used in this subchapter, “children’s product” means a product that is designed or intended for the care of or use by children under six years of age, whether or not it is also designed or intended for the care of or use by children six years of age or older, and the product is designed or intended to come into contact with the child while the product is used. A product is not a “children’s product” for purposes of this subchapter if:
(1) it may be used by or for the care of a child under six years of age, but is designed or intended for use by the general population and not solely or primarily for use by or the care of a child; or
(2) it is a medication, drug, or food or is intended to be ingested. (Added 2001, No. 42, § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470c. Exception

§ 2470c. Exception
A seller or lessor shall not be held in violation of any provision of this subchapter if the specific children’s product sold or leased is not deemed unsafe under subsection 2470b(a) of this title or was not included on the Department of Health’s list 14 days before the sale or commencement of the lease. (Added 2001, No. 42, § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470d. Penalty; remedies

§ 2470d. Penalty; remedies
(a) A seller or lessor who willfully and knowingly violates any provision of this subchapter shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
(b) The rights and remedies available under this subchapter are in addition to any other rights and remedies that may exist in law or in equity for an aggrieved party, or for the Attorney General. (Added 2001, No. 42, § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470e. Definitions

§ 2470e. Definitions
As used in this subchapter:
(1) “Children’s product” means any consumer product marketed for use by children under the age of 12 or whose substantial use or handling by children under 12 years of age is reasonably foreseeable, including toys, furniture, jewelry, personal care products, clothing, and food containers and packaging.
(2)(A) “Contain or containing lead,” unaccompanied by a specific standard, means containing or having a surface coating containing the following amount of lead by weight of lead or lead compound, unless the Commissioner of Health, in consultation with the Attorney General by rule, reduces this percentage generally or with respect to specific products:
(i) 0.06 percent as of October 1, 2008;
(ii) 0.03 percent as of July 1, 2009; and
(iii) 0.01 percent as of January 1, 2010.
(B) If the standard set under this subdivision (2) is preempted by a federal standard as to any class of products, then “contain or containing lead,” unaccompanied by a specific standard, means the lowest such federal standards and federal effective dates applicable to such a class of products.
(3) “Nonresidential paints and primers” does not mean artists’ supplies. (Added 2007, No. 193 (Adj. Sess.), § 2; amended 2011, No. 136 (Adj. Sess.), § 5, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470f. Prohibition of lead in children’s products

§ 2470f. Prohibition of lead in children’s products
Except to the extent specifically preempted by federal law, no person shall manufacture, regardless of location, for sale in, offer for sale, sell in or into the stream of commerce, or otherwise introduce into the stream of commerce in Vermont any children’s product any component part of which contains lead. This prohibition shall not apply to:
(1) Any part of a children’s product that is not accessible to a child through normal and reasonably foreseeable use and abuse of such product. A component part is not accessible under this section if such component part is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product, except that paint, coatings, and electroplating shall not be considered barriers that would render lead in the substrate inaccessible to a child under this subdivision.
(2) Any component of a children’s product that is intended for children age eight or under, that complies with any more stringent federal or European Union standard for lead in consumer products or with a similar standard applicable in states with a total population of 25 million, and that is contained within a battery compartment that cannot be opened without a coin, screwdriver, or other common household tool.
(3) Any power cord, USB cable, audio-visual cable, jack, connector, or similar device or component used in connection with or attached to a children’s product that:
(A) conducts electric current;
(B) is not a small part, as defined by the Consumer Product Safety Commission in 16 C.F.R. part 1501;
(C) does not have a casing or coating that contains lead; and
(D) complies with the most stringent standard for lead in consumer products adopted by federal law, by states with a total population of at least 25 million, or by the European Union. (Added 2007, No. 193 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470g. Prohibition of lead in jewelry

§ 2470g. Prohibition of lead in jewelry
Except to the extent specifically preempted by federal law and in addition to the prohibition in section 2470f of this subchapter, no person shall manufacture, regardless of location, for sale in, offer for sale, or sell in or into the stream of commerce, or otherwise introduce into the stream of commerce in Vermont any article of jewelry or other metal decorative item containing lead that is not a children’s product as defined in section 2470e of this title, where the article, or any detachable part of the article, is the size of a small part as defined by the Consumer Product Safety Commission in 16 C.F.R. part 1501, unless the article is:
(1) expressly and prominently advertised as adult jewelry;
(2) not commonly understood to be an article for use by a child under age 12; and
(3) accompanied by a point-of-sale disclosure prescribed by the Attorney General to the effect that the article may contain lead at or above the prevailing legal limit for lead in children’s products, if that is true. (Added 2007, No. 193 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470i. Prohibition on removal of labels

§ 2470i. Prohibition on removal of labels
No person in commerce shall remove from a consumer product any warning label affixed to it that relates in whole or in part to lead or lead hazards and which label is required by this State, the federal government, or any other state or country. (Added 2007, No. 193 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470j. Prohibition on providing substantial assistance

§ 2470j. Prohibition on providing substantial assistance
No person shall provide substantial assistance to a person in violation of section 2470f, 2470g, 2470h, or 2470i of this title with knowledge or reason to know of the violation. (Added 2007, No. 193 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470k. Violations

§ 2470k. Violations
(a) A violation of this subchapter is deemed to be a violation of section 2453 of this title.
(b) The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies, as provided under subchapter 1 of this chapter. (Added 2007, No. 193 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470l. Scope

§ 2470l. Scope
(a) Nothing in this subchapter shall be construed to regulate firearms, ammunition, or components thereof, hunting or fishing equipment or components thereof, lead pellets from air rifles, shooting ranges, or circumstances resulting from shooting, handling, storing, casting, or reloading ammunition.
(b) Nothing in this subchapter shall be construed to alter the existing authority of the Agency of Natural Resources to regulate the lead content of products used in connection with fishing and hunting. (Added 2007, No. 193 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470aa. Definitions

§ 2470aa. Definitions
As used in this subchapter:
(1) “Billing information” means any data that enables a seller of a third-party discount membership program to access a consumer’s credit or debit card, bank, or other account, but does not include the consumer’s name, e-mail address, telephone number, or mailing address. For credit card and debit card accounts, billing information includes the full account number, card type, and expiration date, and, if necessary, the security code. For accounts at a financial institution, “billing information” includes the full account number and routing number and, if necessary, the name of the financial institution holding the account.
(2) A “third-party discount membership program” is a program that entitles consumers to receive discounts, rebates, rewards, or similar incentives on the purchase of goods or services or both, in whole or in part, from any third party. (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 128 (Adj. Sess.), § E.1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470bb. Applicability

§ 2470bb. Applicability
(a) A third-party discount membership program is a good or service within the meaning of subdivision 2451a(2) of this chapter.
(b) This subchapter applies only to persons who are regularly and primarily engaged in trade or commerce in this State in connection with offering or selling third-party discount membership programs.
(c) This subchapter shall not apply to an electronic payment system, as defined in section 2480o of this title, or to a financial institution, as defined in 8 V.S.A. § 11101(32). (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 128 (Adj. Sess.), § E.1; 2021, No. 20, § 19.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470dd. Periodic notices

§ 2470dd. Periodic notices
(a) A person who periodically charges a consumer for a third-party discount membership program shall send the consumer a notice of the charge no less frequently than every three months from the date of initial enrollment that clearly and conspicuously discloses:
(1) a description of the program;
(2) the name of the third-party discount membership program and the name and address of the seller of the program;
(3) the cost of the program, including the amount of any periodic charges, how often such charges are imposed, and the method of payment;
(4) the right to cancel and to terminate the program, which shall be no more restrictive than as required by section 2470ee of this subchapter, and a toll-free number and e-mail address that can be used to cancel the membership; and
(5) the maximum length of membership, as described in section 2470ff of this subchapter.
(b) The notice specified in subsection (a) of this section:
(1) shall be sent:
(A) to the consumer’s last known e-mail address, if the consumer enrolled in the third-party discount membership program online or by e-mail, with the subject line, “IMPORTANT INFORMATION ABOUT YOUR DISCOUNT PROGRAM BILLING,” or substantially similar words, provided that the sender takes reasonable steps to verify that the e-mail has been opened; or
(B) otherwise by first-class mail to the consumer’s last known mailing address, with the heading on the enclosure and outside envelope, “IMPORTANT INFORMATION ABOUT YOUR DISCOUNT PROGRAM BILLING,” or substantially similar words; and
(2) shall not include any solicitation or advertising. (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 128 (Adj. Sess.), § E.1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470ee. Cancellation and termination

§ 2470ee. Cancellation and termination
(a) In addition to any other right to revoke an offer, a consumer may cancel the purchase of a third-party discount membership program until midnight on the 30th day after the date the consumer has given express informed consent to be charged for the program. If the consumer cancels within the 30-day period, the seller of the third-party discount membership program shall, within 10 days of receiving the notice of cancellation, provide a full refund to the consumer.
(b)(1) Notice of cancellation shall be deemed given when deposited in a mailbox properly addressed and postage prepaid or when e-mailed to the e-mail address of the seller of the third-party discount membership program.
(2) A consumer may cancel a third-party discount membership program verbally by contacting the seller at a toll-free telephone number that the seller provides for that purpose.
(c) In addition to the right to cancel described in this subchapter, a consumer may terminate a third-party discount membership program at any time by providing notice to the seller by one of the methods described in this section. In that case, the consumer shall not be obligated to make any further payments under the program and shall not be entitled to any discounts under the program for any period of time after the last month for which payment has been made.
(d) If the seller of a third-party discount membership program cancels the program for any reason other than nonpayment by the consumer, the seller shall make pro rata reimbursement to the consumer of all periodic charges paid by the consumer for periods of time after cancellation. Prior to such cancellation, the seller shall first provide reasonable notice and an explanation of the cancellation in writing to the consumer. (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 128 (Adj. Sess.), § E.1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470ff. Maximum length of plan

§ 2470ff. Maximum length of plan
No person shall sell, or offer for sale, a third-party discount membership program lasting longer than 18 months. (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 128 (Adj. Sess.), § E.1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470gg. Billing information

§ 2470gg. Billing information
No person who offers or sells third-party discount membership programs shall obtain billing information relating to a consumer except directly from the consumer. (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 128 (Adj. Sess.), § E.1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470hh. Violations

§ 2470hh. Violations
(a) A person who violates this subchapter commits an unfair and deceptive act in trade and commerce in violation of section 2453 of this title.
(b) The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions as is provided under subchapter 1 of this chapter.
(c) It is an unfair and deceptive act and practice in commerce for any person to provide substantial assistance to the seller of a third-party discount membership program that has engaged or is engaging in an unfair or deceptive act or practice in commerce when the person or the person’s authorized agent:
(1) receives notice from a regulatory, law enforcement, or similar governmental authority that the seller of the third-party discount membership program is in violation of this subchapter;
(2) knows from information received or in its possession that the seller of the third-party discount membership program is in violation of this subchapter; or
(3) consciously avoids knowing that the seller of the third-party discount membership program is in violation of this subchapter.
(d) Subject to section 2452 of this title, a person who provides only incidental assistance, which does not further the sale of a third-party discount membership program, to the seller of the program, or who does not receive a benefit from providing assistance to the seller of a discount membership, shall not be liable under this section unless the person receives notice, knows, or consciously avoids knowing, pursuant to subdivision (c)(1), (2), or (3) of this section, that a third-party discount membership program is in violation of this chapter. (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 55, § 7; 2015, No. 128 (Adj. Sess.), § E.1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470ii. Definitions

§ 2470ii. Definitions
As used in this subchapter:
(1) An “add-on discount membership program” is a program that entitles consumers to receive discounts, rebates, rewards, or similar incentives on the purchase of goods or services or both, sold to a consumer during the purchase of a different good or service using the same billing information.
(2) “Billing information” means any data that enables a seller of an add-on discount membership program to access a consumer’s credit or debit card, bank, or other account, but does not include the consumer’s name, e-mail address, telephone number, or mailing address. For credit card and debit card accounts, billing information includes the full account number, card type, and expiration date and, if necessary, the security code. For accounts at a financial institution, “billing information” includes the full account number and routing number and, if necessary, the name of the financial institution holding the account. (Added 2015, No. 128 (Adj. Sess.), § E.2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470jj. Applicability

§ 2470jj. Applicability
(a) An add-on discount membership program is a good or service within the meaning of subdivision 2451a(2) of this title.
(b) This subchapter applies only to persons who are regularly engaged in offering or selling add-on discount membership programs.
(c) This subchapter shall not apply to an electronic payment system, as defined in section 2480o of this title, or to a financial institution, as defined in 8 V.S.A. § 11101(32). (Added 2015, No. 128 (Adj. Sess.), § E.2; amended 2021, No. 20, § 20.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470kk. Required disclosures; consent

§ 2470kk. Required disclosures; consent
(a) No person shall charge or attempt to charge a consumer for an add-on discount membership program or to renew an add-on discount membership program beyond the term expressly agreed to by the consumer, unless:
(1) before obtaining the consumer’s billing information, the person has clearly and conspicuously disclosed to the consumer all material terms of the transaction, including:
(A) a description of the types of goods and services on which a discount is available;
(B) the name of the add-on discount membership program, the name and address of the seller of the program, and a telephone number, e-mail address, or other contact information the consumer may use to contact the seller with questions concerning the operation of the program;
(C) the cost of the program, including the amount of any periodic charges, how often such charges are imposed, and the method of payment; and
(D) the right to cancel and to terminate the program, which shall be no more restrictive than as required by section 2470ll of this title, and a toll-free telephone number and e-mail address that can be used to cancel the membership;
(2) before obtaining the consumer’s billing information, the person has received express informed consent for the add-on membership program from the consumer whose credit or debit card, bank, or other account will be charged, by requiring the consumer to perform an additional affirmative action, such as clicking on an online confirmation button, checking an online box that indicates the consumer’s consent to be charged the amount disclosed, or expressly giving consent over the telephone; and
(3) after providing the disclosures and obtaining the consent required by subdivisions (1) and (2) of this subsection, obtaining from the consumer:
(A) the consumer’s billing information; and
(B) the consumer’s name and address and a means to contact the consumer.
(b) A person who sells an add-on discount membership program shall retain evidence of a consumer’s express informed consent for at least three years after the consent is given.
(c) A person who sells an add-on discount membership program shall provide to a consumer on the receipt for the underlying good or service:
(1) confirmation that the consumer has signed up for a discount membership program;
(2) the price the consumer will be charged for the program;
(3) the date on which the consumer will first be charged for the program;
(4) the frequency of charges for the program; and
(5) information concerning the consumer’s right to cancel the program and a toll-free telephone number, address, and e-mail address a consumer may use to cancel the program. (Added 2015, No. 128 (Adj. Sess.), § E.2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470ll. Cancellation and termination

§ 2470ll. Cancellation and termination
(a) In addition to any other right to revoke an offer, a consumer may cancel the purchase of an add-on discount membership program until midnight on the 30th day after the date the consumer has given express informed consent to be charged for the program. If the consumer cancels within the 30-day period, the seller of the add-on discount membership program shall, within 10 days of receiving the notice of cancellation, provide a full refund to the consumer less the value of any discount the consumer has received by using the add-on discount membership program.
(b)(1) Notice of cancellation shall be deemed given when deposited in a mailbox properly addressed and postage prepaid or when e-mailed to the e-mail address of the seller of the add-on discount membership program.
(2) A consumer may cancel an add-on discount membership program verbally by contacting the seller at a toll-free telephone number that the seller provides for that purpose.
(c) In addition to the right to cancel described in this subchapter, a consumer may terminate an add-on discount membership program at any time by providing notice to the seller by one of the methods described in this section. In that case, the consumer shall not be obligated to make any further payments under the program and shall not be entitled to any discounts under the program for any period of time after the last month for which payment has been made.
(d) If the seller of an add-on discount membership program cancels the program for any reason other than nonpayment by the consumer, the seller shall make pro rata reimbursement to the consumer of all periodic charges paid by the consumer for periods of time after cancellation. Prior to such cancellation, the seller shall first provide reasonable notice and an explanation of the cancellation in writing to the consumer. (Added 2015, No. 128 (Adj. Sess.), § E.2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2470nn. Violations

§ 2470nn. Violations
(a) A person who violates this subchapter commits an unfair and deceptive act in trade and commerce in violation of section 2453 of this title.
(b) The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions as is provided under subchapter 1 of this chapter.
(c) It is an unfair and deceptive act and practice in commerce for any person to provide substantial assistance to the seller of an add-on discount membership program that has engaged or is engaging in an unfair or deceptive act or practice in commerce, when the person or the person’s authorized agent:
(1) receives notice from a regulatory, law enforcement, or similar governmental authority that the seller of the add-on discount membership program is in violation of this subchapter;
(2) knows from information received or in its possession that the seller of the add-on discount membership program is in violation of this subchapter; or
(3) consciously avoids knowing that the seller of the add-on discount membership program is in violation of this subchapter.
(d) Subject to section 2452 of this title, a person who provides only incidental assistance, which does not further the sale of an add-on discount membership program, to the seller of the program, or who does not receive a benefit from providing assistance to the seller of an add-on discount membership, shall not be liable under this section unless the person receives notice, knows, or consciously avoids knowing, pursuant to subdivision (c)(1), (2), or (3) of this section, that an add-on discount membership program is in violation of this chapter. (Added 2015, No. 128 (Adj. Sess.), § E.2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2472. Contracts between paid fundraisers and charitable organizations

§ 2472. Contracts between paid fundraisers and charitable organizations
(a) Prior to soliciting in this State, a paid fundraiser shall enter into a written contract with the charitable organization on whose behalf solicitations are to be made. The contract shall contain the following:
(1) A minimum percentage of the gross receipts of the fundraising campaign to be paid to the charitable organization.
(2) An itemized description of all expenses, commissions, and other amounts that are to be deducted from the receipts of the fundraising campaign, how they are to be calculated, and to whom they are to be paid.
(3) An authorized signature of the charitable organization indicating approval of the terms of the contract.
(4) The following statement in immediate proximity to the signature of the charitable organization, in a minimum size of 10 points:
Chapter 63 of Title 9 of the Vermont Statutes Annotated requires a paid fundraiser to provide the fundraiser’s charitable sponsor, within 60 days after the end of a solicitation campaign, with a statement setting out the name and address of each contributor and the amount of the contribution; the amount of the gross receipts; and an itemized list of all expenses, commissions, and other costs incurred in the campaign. The law also gives charities other rights, including the right to cancel this contract or to recover damages, or both, in certain circumstances. Contact the Vermont Attorney General for further information.
(5) A provision that prohibits the paid fundraiser from restricting in any way the use by the charitable organization of the list of donors to the campaign.
(b) Prior to commencing a solicitation, a paid fundraiser shall:
(1) Provide to the charitable organization on whose behalf solicitations are to be made, the wording to be used by the paid fundraiser when conducting written solicitations and a copy of any script to be used in conducting telephone or in-person solicitation.
(2) Obtain written approval from the charitable organization for the use of such wording and script.
(c) A charitable organization may rescind any contract with a paid fundraiser and have all contributions in the possession of the paid fundraiser returned to the contributors if the contract or the paid fundraiser does not comply with this subchapter.
(d) Upon application for State funds received through a grant or contract, a charitable organization shall disclose:
(1) the actual percentage of gross receipts of any fundraising campaign paid to the charitable organization within the two previous fiscal years; and
(2) the minimum contracted percentage of gross receipts to be paid by a paid fundraiser to the charitable organization in any current or known future fundraising campaign. (Added 1989, No. 232 (Adj. Sess.), § 2; amended 2003, No. 51, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2474. Notice not to be used as an endorsement

§ 2474. Notice not to be used as an endorsement
A paid fundraiser shall not use or exploit the fact of filing a notice of solicitation to create the impression that the State has in any way endorsed or approved a solicitation or solicitation campaign. (Added 1989, No. 232 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2475. Solicitations

§ 2475. Solicitations
(a) No paid fundraiser shall misrepresent, directly or indirectly, his or her relationship to a charitable organization.
(b) No paid fundraiser or charitable organization shall misrepresent, directly or indirectly, to a contributor or potential contributor any fact relating to the solicitation, including the percentage of the contribution that will be paid over to the charitable organization or the purpose for which the contribution will be used.
(c) No paid fundraiser shall represent, directly or indirectly, that any part of the contributions received will be given or donated to any charitable organization unless the organization has previously consented in writing to the use of its name.
(d) The provisions of this section shall also apply to any person that a paid fundraiser employs or engages, directly or indirectly, to solicit contributions.
(e) No paid fundraiser shall solicit a contribution from any person in this State without clearly and conspicuously disclosing to the person, both orally, if the paid fundraiser is soliciting in whole or in part by telephone, and in writing, if the paid fundraiser is soliciting in whole or in part by means of writing:
(1) that the solicitor is being paid by the charitable organization on whose behalf the solicitation is being made; and
(2) how the potential contributor may obtain information from the State on the respective percentages of contributions that will be paid to the charitable organization and to the paid fundraiser. (Added 1989, No. 232 (Adj. Sess.), § 2; amended 1997, No. 42, §§ 3, 4; 2003, No. 51, § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2476. Bank accounts

§ 2476. Bank accounts
(a) All checks and money orders contributed in response to a solicitation shall be made out to the name of the charitable organization.
(b) A paid fundraiser shall immediately deposit, in a bank account in the name of the charitable organization with which the paid fundraiser has contracted, all contributions received by the paid fundraiser. The signature of the treasurer or other agent designated by the charitable organization shall be required to remove any funds from the account.
(c) Within 60 days after a solicitation campaign has been completed, the paid fundraiser shall file with the charitable organization a closing statement for the campaign, including the name and address of each contributor and the amount of the contribution; the amount of gross receipts; and an itemized list of all expenses, commissions, and other costs incurred in the campaign. (Added 1989, No. 232 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2477. Financial report

§ 2477. Financial report
(a) No later than 90 days after a fundraising campaign has been completed, and no later than 90 days after the anniversary of the commencement of a fundraising campaign lasting more than one year, a paid fundraiser that has solicited contributions in this State shall file a financial report with the Attorney General on a form prescribed by the Attorney General. The information required by this section shall pertain to the entire fundraising campaign, or, in the case of a campaign lasting more than one year, to the 12 months ending on the most recent anniversary of the commencement of the campaign.
(b) The financial report shall contain the following:
(1) Total gross receipts.
(2) A description of how the gross receipts were distributed, including an itemized list of all expenses, commissions, and other costs of the fundraising campaign, and the net amount paid to the charitable organization for its charitable purposes, after payment of all fundraising expenses, commissions, and other costs.
(3) The percentage of gross receipts represented by the total of fundraising expenses, commissions, and other costs.
(4) The percentage of gross receipts represented by the net amount paid to the charitable organization for its charitable purposes, after payment of all fundraising expenses, commissions, and other costs.
(5) The signature of the charitable organization.
(6) Such other information as the Attorney General may by rule require.
(c) The Attorney General may adopt rules requiring that the financial report be filed electronically, with proper verification. (Added 1989, No. 232 (Adj. Sess.), § 2; amended 2003, No. 110 (Adj. Sess.), § 2, eff. May 11, 2004.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2478. Records required

§ 2478. Records required
(a) A paid fundraiser shall maintain such records as the Attorney General may by rule require for three years from the end of the solicitation campaign to which they pertain.
(b) Whenever the Attorney General has reason to believe that a paid fundraiser has violated this subchapter, the Attorney General may inspect all records required to be maintained by a paid fundraiser except that the identities of the contributors shall be available for inspection by the Attorney General upon request, only through a civil investigation conducted pursuant to subsection 2479(b) of this title. (Added 1989, No. 232 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2479. Violations

§ 2479. Violations
(a) A violation of this subchapter, including the filing of any false information on a notice of solicitation or financial report, is deemed to be a violation of section 2453 of this title. This section shall not be construed to limit a paid fundraiser’s liability under any other law.
(b) The Attorney General has the same authority to make rules, conduct civil investigations, and bring civil actions with respect to the acts and practices of paid fundraisers and charitable organizations as is provided under subchapter 1 of this chapter.
(c) A contributor or a charitable organization has the same rights with respect to the acts and practices of a paid fundraiser as a consumer has under section 2461 of this title. (Added 1989, No. 232 (Adj. Sess.), § 2; amended 1997, No. 42, § 5.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2479a. Truth in advertising and producing musical performances

§ 2479a. Truth in advertising and producing musical performances
(a) As used in this section:
(1) “Performing group” means a vocal or instrumental group that uses the name of another group that has previously released a commercial sound recording under that name.
(2) “Recording group” means a vocal or instrumental group in which at least one of the members previously released a commercial sound recording under that group’s name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
(3) “Sound recording” means a disc, tape, or other phono-recording material on which a series of musical, spoken, or other sounds has been embodied.
(b) No person shall advertise or conduct a live musical performance or production in Vermont through false, deceptive, or misleading affiliation, connection, or association with a performing group or a recording group, except under one or more of the following requirements:
(1) The performing group is the authorized registrant and owner of a federal service mark for the group name registered in the U.S. Patent and Trademark Office.
(2) At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name and has not abandoned the name or affiliation with the group.
(3) The live musical performance or production is conspicuously identified in all advertising and promotion as a salute or tribute to the recording group, and the name of the performing group is different from the recording group.
(4) The performance or production is expressly authorized by the recording group.
(c) The Attorney General or State’s Attorney has the same authority to make rules, conduct civil investigations, and bring civil actions with respect to violations of subsection (b) of this section as provided under subchapter 1 of this chapter. Each performance or production or advertisement found to be a violation of subsection (b) of this section shall constitute a separate violation. (Added 2007, No. 109 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480c. Charges for certain disclosures by credit reporting agencies

§ 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.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480e. Consumer consent

§ 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.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480f. Violations

§ 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.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480g. Exemptions

§ 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. (Added 1991, No. 246 (Adj. Sess.), § 1; amended 1997, No. 50, § 1, eff. June 26, 1997.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480i. Credit reporting agency duties if security freeze in place

§ 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.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480j. Persons not required to place security freeze

§ 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.)