reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480k. Complaints to law enforcement agencies

§ 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.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480l. Verification of change of consumer’s address for preapproved offers of credit

§ 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.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480m. Limitations on use of Social Security numbers

§ 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.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480n. Credit report files of deceased persons

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

§ 2480o. Definitions
As used in this subchapter:
(1) “Electronic payment system” means an entity that directly or through licensed members, processors, or agents provides the proprietary services, infrastructure, and software that route information and data to facilitate transaction authorization, clearance, and settlement, and that merchants are required to access in order to accept a specific brand of general-purpose credit cards, charge cards, debit cards, or stored-value cards as payment for goods and services.
(2) “Merchant” means a person or entity that, in Vermont:
(A)(i) does business; or
(ii) offers goods or services for sale; and
(B) has a physical presence. (Added 2009, No. 116 (Adj. Sess.), § 2, eff. Jan. 1, 2011.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480p. Electronic payment systems

§ 2480p. Electronic payment systems
With respect to transactions involving Vermont merchants, no electronic payment system may directly or through any agent, processor, or member of the system:
(1) impose any requirement, condition, penalty, or fine in a contract with a merchant to inhibit the ability of any merchant to provide a discount or other benefit for payment through the use of a card of another electronic payment system, cash, check, debit card, stored-value card, charge card, or credit card rather than another form of payment;
(2) impose any requirement, condition, penalty, or fine in a contract with a merchant to prevent the ability of any merchant to set a minimum dollar value of no more than $10.00 for its acceptance of a form of payment, provided that if a minimum dollar value is set by a merchant, it shall be prominently displayed and printed in not less than 16-point boldface type at the point of sale;
(3) impose any requirement, condition, penalty, or fine in a contract with a merchant to inhibit the ability of any merchant to decide to accept an electronic payment system at one or more of its locations but not at others. (Added 2009, No. 116 (Adj. Sess.), § 2, eff. Jan. 1, 2011.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480q. Penalties

§ 2480q. Penalties
(a) The following penalties shall apply to violations of this subchapter:
(1) Any electronic payment system found to have violated section 2480p of this subchapter shall reimburse all affected merchants for all fines related to the prohibitions described in section 2480p of this subchapter that were collected from affected merchants directly or through any agent, processor, or member of the system during the period of time in which the electronic payment system was in violation and shall be liable for a civil penalty of $10,000.00 per fine levied in violation of section 2480p of this subchapter.
(2) Any merchant whose rights under this subchapter have been violated may maintain a civil action for damages or equitable relief as provided for in this section, including attorney’s fees, if any.
(3) A violation of section 2480p of this subchapter shall be deemed a violation of section 2453 of this title. The Attorney General has the same authority to conduct civil investigations, enter into assurances of discontinuance, and bring civil actions as provided under subchapter 1 of this chapter.
(b) These penalties shall not apply to entities acting exclusively as agents, processors, or members that are not electronic payment systems. (Added 2009, No. 116 (Adj. Sess.), § 2, eff. Jan. 1, 2011; amended 2011, No. 109 (Adj. Sess.), § 2, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1a, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480r. Severability

§ 2480r. Severability
If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter that can be given effect without the invalid provision or application, and, to this end, the provisions of this subchapter are severable. (Added 2009, No. 116 (Adj. Sess.), § 2, eff. Jan. 1, 2011.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480aa. Legislative intent; public policy

§ 2480aa. Legislative intent; public policy
Structured settlement agreements, which provide for payments to a person over a period of time, are often used in the settlement of actions such as personal injury or medical claims and serve a number of valid purposes, including protection of persons from economic victimization and ensuring a person’s ability to provide for his or her future needs and obligations. It is the policy of this State that such agreements, which have often been approved by a court, should not be set aside lightly or without good reason. (Added 2011, No. 168 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480cc. Required disclosures to payee

§ 2480cc. Required disclosures to payee
Not less than 10 days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement in bold type in a size no smaller than 14 points setting forth:
(1) the amounts and due dates of the structured settlement payments to be transferred;
(2) the aggregate amount of such payments;
(3) the discounted present value of the payments to be transferred, which shall be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,” and the amount of the applicable federal rate used in calculating such discounted present value;
(4) the gross advance amount and the annual discount rate, compounded monthly, used to determine such figure;
(5) an itemized listing of all applicable transfer expenses, other than attorney’s fees and related disbursements payable by the payee in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of any such fees and disbursements;
(6) the net advance amount;
(7) the amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee, as well as a description of any other financial penalties the payee might incur with the transferee as a result of such a breach; and
(8) a statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, at any time before the date on which a court enters a final order approving the transfer agreement. (Added 2011, No. 168 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480dd. Approval of transfers of structured settlement payment rights

§ 2480dd. Approval of transfers of structured settlement payment rights
(a) No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order based on express findings by the court that:
(1) the transfer is in the best interests of the payee taking into account the welfare and support of the payee’s dependents, considering all relevant factors, including:
(A) the payee’s ability to understand the financial terms and consequences of the transfer;
(B) the payee’s capacity to meet his or her financial obligations, including the potential need for future medical treatment;
(C) the need, purpose, or reason for the transfer; and
(D) whether the transfer is fair and reasonable, considering the discount rate used to calculate the gross advance amount, the fees and expenses imposed on the payee, and whether the payee obtained more than one quote for the same or a substantially similar transfer.
(2)(A) the payee has been advised in writing by the transferee to seek independent professional advice regarding the financial advisability of the transfer and the other financial options available to the payee, if any, and:
(B)(i) that the payee has in fact received such advice; or
(ii) that such advice is unnecessary for good cause shown.
(3) the transfer does not contravene any applicable statute or the order of any court or other government authority.
(b) Any agreement to transfer future payments arising under a workers’ compensation claim is prohibited.
(c) At the hearing on the transfer the court may, in its sole discretion, continue the hearing and require the payee to seek independent professional advice if the court determines that obtaining such advice should be required based on the circumstances of the payee or the terms of the transaction. If the court determines that independent professional advice should be required, the court may order that the costs incurred by a payee for independent professional advice be paid by the transferee, the payee, or another party, provided that the amount to be paid by the transferee shall not exceed $1,500.00. (Added 2011, No. 168 (Adj. Sess.), § 1; amended 2021, No. 20, § 22.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480ee. Effects of transfer of structured settlement payment rights

§ 2480ee. Effects of transfer of structured settlement payment rights
Following a transfer of structured settlement payment rights under this subchapter:
(1) the structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;
(2) the transferee shall be liable to the structured settlement obligor and the annuity issuer:
(A) if the transfer contravenes the terms of the structured settlement for any taxes incurred by such parties as a consequence of the transfer; and
(B) for any other liabilities or costs, including reasonable costs and attorney’s fees, arising from compliance by such parties with the order of the court or arising as a consequence of the transferee’s failure to comply with this subchapter;
(3) neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and
(4) any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this subchapter. (Added 2011, No. 168 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2480gg. General provisions; construction

§ 2480gg. General provisions; construction
(a) The provisions of this subchapter may not be waived by any payee.
(b) Any transfer agreement entered into on or after July 1, 2012 by a payee who resides in this State shall provide that disputes under such transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this State. No such transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
(c) No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for:
(1) periodically confirming the payee’s survival; and
(2) giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee’s death.
(d) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of such transfer to satisfy the conditions of this subchapter.
(e) Nothing contained in this subchapter shall be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to July 1, 2012 is valid or invalid.
(f) Compliance with the requirements set forth in section 2480cc of this title and fulfillment of the conditions set forth in section 2480dd of this title shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for or any liability arising from noncompliance with such requirements or failure to fulfill such conditions. (Added 2011, No. 168 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2481a. Definitions

§ 2481a. Definitions
In this chapter:
(1) “Charitable sales promotion” means an advertising or sales campaign conducted in this State by a commercial coventurer in which it is represented to the public that an amount per unit of goods or services purchased or used by the public or an amount based on aggregate purchases or use by the public will benefit a charitable organization or charitable purpose. “Charitable sales promotion” does not include:
(A) a promotion in which 100 percent of the amount paid for the goods or services will benefit a charitable organization or charitable purpose;
(B) a promotion in which a commercial coventurer does not generate a net profit; or
(C) a promotion that does not involve the sale or lease of goods or services.
(2) “Commercial coventurer” means a person who for profit is regularly and primarily engaged in trade or commerce in this State other than in connection with the raising of funds for charitable purposes and who represents to the public that an amount per unit of goods or services purchased or used by the public or an amount based on aggregate purchases or use by the public will benefit a charitable organization or charitable purpose.
(3) “Representation” means an advertisement, commercial, or other communication to the public in any medium. (Added 2011, No. 136 (Adj. Sess.), § 2, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2481b. Required disclosures

§ 2481b. Required disclosures
Every commercial coventurer shall disclose the following information in a clear and conspicuous manner in close proximity to any representation, in connection with a charitable sales promotion, that an amount per unit of goods or services purchased or used by the public, or an amount based on aggregate purchases or use by the public, will benefit a charitable organization or charitable purpose:
(1) the name of the charitable organization or purpose that is to benefit from the charitable sales promotion;
(2) the amount per unit of goods or services purchased or used that will benefit the charitable organization or purpose or, if not known, the estimated amount, in either case expressed as a dollar amount or a percentage of the amount paid for the purchase or use, except that if the amount is based on aggregate purchases or use, that amount and how it will be calculated shall be disclosed; and
(3) any maximum amount that will benefit the charitable organization or purpose. (Added 2011, No. 136 (Adj. Sess.), § 2, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2481c. Record-keeping

§ 2481c. Record-keeping
A commercial coventurer shall maintain records that are sufficient to demonstrate compliance with the requirements of this chapter and the disclosed terms of a charitable sales promotion. (Added 2011, No. 136 (Adj. Sess.), § 2, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2481d. Violations

§ 2481d. Violations
(a) A violation of this subchapter is deemed to be a violation of section 2453 of this title. This section shall not be construed to limit a commercial coventurer’s liability under any other law.
(b) The Attorney General has the same authority to make rules, conduct civil investigations, and bring civil actions with respect to the acts and practices of a commercial coventurer as is provided under subchapter 1 of this chapter. (Added 2011, No. 136 (Adj. Sess.), § 2, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2481w. Unlicensed loan transactions

§ 2481w. Unlicensed loan transactions
(a) In this subchapter:
(1) “Financial account” means a checking, savings, share, stored value, prepaid, payroll card, or other depository account.
(2) “Lender” means a person engaged in the business of making loans of money, credit, goods, or things in action and charging, contracting for, or receiving on any such loan interest, a finance charge, a discount, or consideration.
(3) “Process” or “processing” 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 financial account by means of such an instrument or an electronic funds transfer, or arranging for such services to be provided to a lender.
(4) “Processor” means a person who engages in processing, as defined in subdivision (3) of this subsection. In this section, “processor” does not include an interbank clearinghouse.
(5) “Interbank clearinghouse” means a person that operates an exchange of automated clearinghouse items, checks, or check images solely between insured depository institutions.
(b) It is an unfair and deceptive act and practice in commerce for a lender directly or through an agent to solicit or make a loan to a consumer by any means unless the lender is in compliance with all provisions of 8 V.S.A. chapter 73 or is otherwise exempt from the requirements of 8 V.S.A. chapter 73.
(c) It is an unfair and deceptive act and practice in commerce for a processor, other than a federally insured depository institution, to process a check, draft, other form of negotiable instrument, or an electronic funds transfer from a consumer’s financial account in connection with a loan solicited or made by any means to a consumer unless the lender is in compliance with all provisions of 8 V.S.A. chapter 73 or is otherwise exempt from the requirements of 8 V.S.A. chapter 73.
(d) It is an unfair and deceptive act and practice in commerce for any person, including the lender’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) or an interbank clearinghouse as defined in subsection (a) of this section, to provide substantial assistance to a lender or processor when the person or the person’s authorized agent receives notice from a regulatory, law enforcement, or similar governmental authority, or knows from its normal monitoring and compliance systems, or consciously avoids knowing that the lender or processor is in violation of subsection (b) or (c) of this section, or is engaging in an unfair or deceptive act or practice in commerce. (Added 2011, No. 136 (Adj. Sess.), § 8, eff. May 18, 2012; amended 2013, No. 199 (Adj. Sess.), § 26; 2019, No. 131 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2481x. Entry fees; games not based on chance

§ 2481x. Entry fees; games not based on chance
Nothing in this chapter shall be construed to prohibit a person from requiring or paying any kind of entry fee, service charge, purchase, or similar consideration in order to enter, or continue to remain eligible for, a game of skill or other promotion that is not based on chance. (Added 2013, No. 9, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2482a. Definitions

§ 2482a. Definitions
In this chapter:
(1) “Account change” means a change to a member’s password, username, e-mail address, or other contact information an Internet dating service uses to enable communications between members.
(2) “Banned member” means the member whose account or profile is the subject of a fraud ban.
(3) “Fraud ban” means barring a member’s account or profile from an Internet dating service because, in the judgment of the service, the member poses a significant risk of attempting to obtain money from other members through fraudulent means.
(4) “Internet dating service” means a person, or a division of a person, that is primarily in the business of providing dating services principally on or through the Internet.
(5) “Member” means a person who submits to an Internet dating service information required to access the service and who obtains access to the service.
(6) “Vermont member” means a member who provides a Vermont residential or billing address or zip code when registering with the Internet dating service. (Added 2015, No. 128 (Adj. Sess.), § G.2, eff. May 24, 2016.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2482b. Requirements for Internet dating services

§ 2482b. Requirements for Internet dating services
(a) An Internet dating service shall disclose to all of its Vermont members known to have previously received and responded to an on-site message from a banned member:
(1) the user name, identification number, or other profile identifier of the banned member;
(2) the fact that the banned member was banned because, in the judgment of the Internet dating service, the banned member may have been using a false identity or may pose a significant risk of attempting to obtain money from other members through fraudulent means;
(3) that a member should never send money or personal financial information to another member; and
(4) a hyperlink to online information that clearly and conspicuously addresses the subject of how to avoid being defrauded by another member of an Internet dating service.
(b) The notification required by subsection (a) of this section shall be:
(1) clear and conspicuous;
(2) by e-mail, text message, or other appropriate means of communication; and
(3) sent within 24 hours after the fraud ban, or at a later time if the service has determined, based on an analysis of effective messaging, that a different time is more effective, but in no event later than three days after the fraud ban.
(c) An Internet dating service shall disclose in an e-mail, text message, or other appropriate means of communication, in a clear and conspicuous manner, within 24 hours after discovering an account change to a Vermont member’s account:
(1) the fact that information on the member’s account has been changed;
(2) a brief description of the change; and
(3) if applicable, how the member may obtain further information on the change.
(d)(1) A banned member from Vermont who is identified to one or more Vermont members pursuant to subsection (a) of this section shall have the right to challenge the ban by written complaint to the Office of the Vermont Attorney General.
(2) The Office of the Attorney General shall review a challenge brought by a banned member pursuant to this subsection and, if it finds that there was no reasonable basis for banning the member, shall require the Internet dating service to take reasonable corrective action to cure the erroneous ban. (Added 2015, No. 128 (Adj. Sess.), § G.2, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2482c. Limited immunity

§ 2482c. Limited immunity
(a) An Internet dating service shall not be liable to any person, other than the State of Vermont, or any agency, department, or subdivision of the State, for disclosing to any member that it has banned a member, the user name or identifying information of the banned member, or the reasons for the Internet dating service’s decision to ban such member in accordance with section 2482b of this title.
(b) An Internet dating service shall not be liable to any person, other than the State of Vermont, or any agency, department, or subdivision of the State, for the decisions regarding whether to ban a member, or how or when to notify a member pursuant to section 2482b of this title.
(c) This subchapter does not diminish or adversely affect the protections for Internet dating services that are afforded in 47 U.S.C. § 230 (Federal Communications Decency Act). (Added 2015, No. 128 (Adj. Sess.), § G.2, eff. May 24, 2016.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2482d. Violations

§ 2482d. Violations
(a) A person who violates this subchapter commits an unfair and deceptive act in trade and commerce in violation of section 2453 of this title.
(b) The Attorney General has the same authority to make rules, conduct civil investigations, and enter into assurances of discontinuance as is provided under subchapter 1 of this chapter. (Added 2015, No. 128 (Adj. Sess.), § G.2, eff. May 24, 2016.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2482h. Solicitation; material misrepresentation

§ 2482h. Solicitation; material misrepresentation
(a) As used in this subchapter, “credit card terminal” means physical equipment used at the point of sale to accept payment by a payment card, including a credit card, debit card, EBT card, prepaid card, or gift card.
(b) A person who solicits a finance lease for the use of a credit card terminal shall accurately disclose, orally and in writing:
(1) the nature and scope of his or her relationship to the person or persons who own, lease, service, and finance the credit card terminal and to the person or persons, if known, who provide services related to the credit card terminal, including whether he or she is an employee, independent contractor, or agent of one or more of those persons; and
(2) the terms of a finance lease and whether oral statements or commitments he or she makes to the prospective lessee while soliciting a finance lease are included in the terms of the finance lease and enforceable against a party to a finance lease. (Added 2018, No. 4 (Sp. Sess.), § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2483. Applicability

§ 2483. Applicability
This subchapter does not apply to the use of a protected consumer’s credit report or record by:
(1) a person administering a credit file monitoring subscription service to which:
(A) the protected consumer has subscribed; or
(B) the protected consumer’s representative has subscribed on the protected consumer’s behalf;
(2) a person who, upon request from the protected consumer or the protected consumer’s representative, provides the protected consumer or the protected consumer’s representative with a copy of the protected consumer’s credit report;
(3) a check services or fraud prevention services company that issues:
(A) reports on incidents of fraud; or
(B) authorization for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar payment methods;
(4) a deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar information regarding an individual to inquiring banks or other financial institutions for use only in reviewing an individual’s request for a deposit account at the inquiring bank or financial institution;
(5) an insurance company for the purpose of conducting the insurance company’s ordinary business;
(6) a consumer reporting agency that:
(A) only resells credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies; and
(B) does not maintain a permanent database of credit information from which new credit reports are produced; or
(7) a consumer reporting agency’s database or file that consists of information that:
(A) concerns and is used for:
(i) criminal record information;
(ii) fraud prevention or detection;
(iii) personal loss history information; or
(iv) employment, tenant, or individual background screening; and
(B) is not used for credit granting purposes. (Added 2017, No. 179 (Adj. Sess.), § 5, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2492. Definitions

§ 2492. Definitions
As used in this subchapter:
(1) “Abortion” means any medical treatment intended to induce the termination of, or to terminate, a clinically diagnosable pregnancy except for the purpose of producing a live birth.
(2) “Client” means an individual who is inquiring about or seeking services at a pregnancy services center.
(3) “Emergency contraception” means any drug approved by the U.S. Food and Drug Administration as a contraceptive method for use after sexual intercourse, whether provided over the counter or by prescription.
(4) “Health information” means any oral or written information in any form or medium that relates to health insurance or the past, present, or future physical or mental health or condition of a client.
(5) “Limited-services pregnancy center” means a pregnancy services center that does not directly provide, or provide referrals to clients for, abortions or emergency contraception.
(6) “Pregnancy services center” means a facility, including a mobile facility, where the primary purpose is to provide services to individuals who are or may be pregnant and that either offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant individuals or has the appearance of a medical facility. A pregnancy services center has the appearance of a medical facility if two or more of the following factors are present:
(A) The center offers pregnancy testing or pregnancy diagnosis, or both.
(B) The center has staff or volunteers who wear medical attire or uniforms.
(C) The center contains one or more examination tables.
(D) The center contains a private or semiprivate room or area containing medical supplies or medical instruments.
(E) The center has staff or volunteers who collect health information from clients.
(F) The center is located on the same premises as a State-licensed medical facility or provider or shares facility space with a State-licensed medical provider.
(7) “Premises” means land and improvements or appurtenances or any part thereof. (Added 2023, No. 15, § 8, eff. May 10, 2023.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2493. Unfair and deceptive act

§ 2493. Unfair and deceptive act
(a) It is an unfair and deceptive act and practice in commerce and a violation of section 2453 of this title for any limited-services pregnancy center to disseminate or cause to be disseminated to the public any advertising about the services or proposed services performed at that center that is untrue or clearly designed to mislead the public about the nature of services provided. Advertising includes representations made directly to consumers; marketing practices; communication in any print medium, such as newspapers, magazines, mailers, or handouts; and any broadcast medium, such as television or radio, telephone marketing, or advertising over the Internet such as through websites and web ads. For purposes of this chapter, advertising or the provision of services by a limited-services pregnancy center is an act in commerce.
(b) Health care providers certified, registered, or licensed under Title 26 of the Vermont Statutes Annotated who are employed by, contracted to provide services for or on behalf of, or volunteer to provide services at a limited-services pregnancy center shall be responsible for conducting and providing health care services, information, and counseling at the center. The failure of a health care professional certified, registered, or licensed under Title 26 of the Vermont Statutes Annotated to conduct or to ensure that health care services, information, and counseling at the limited-services pregnancy services center are conducted in accordance with State law and professional standards of practice may constitute unprofessional conduct under 3 V.S.A. § 129a and 26 V.S.A. § 1354.
(c) The Attorney General has the same authority to make rules, conduct civil investigations, and bring civil actions with respect to violations of subsection (a) of this section as provided under subchapter 1 of this chapter. (Added 2023, No. 15, § 8, eff. May 10, 2023.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2501. Definitions

§ 2501. Definitions
As used in this chapter:
(1) “Caller” means a person who accesses a pay-per-call service.
(2) “Interactive program” means a pay-per-call program that allows callers to choose between options or to communicate with other callers.
(3) “Pay-per-call service” means any passive, interactive, polling, conference, or other similar audiotext service that is accessed through a telephone number and that generates an audiotext service related fee billed to a subscriber. “Pay-per-call service” does not include any conference service the price of which is established pursuant to a tariff approved by a regulatory agency.
(4) “Advertisements and promotions” include all forms of solicitation directed at prospective callers of pay-per-call services, including mailings and advertisements in newspapers and magazines and on radio and television.
(5) “Sponsor” means an individual, corporation, association, partnership, or other entity that sells or offers to sell a pay-per-call service to a person in this State and on whose behalf charges are billed, but shall not include a public utility regulated by the State or the Federal Communications Commission or an interexchange carrier which provides transport or billing and collection services for a pay-per-call service unless the public utility or interexchange carrier actually produces or advertises the pay-per-call service. (Added 1993, No. 99, § 2; amended 2021, No. 20, § 23.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2502. Requirements for disclosures in advertisements

§ 2502. Requirements for disclosures in advertisements
(a) A sponsor shall include in all advertisements or promotions in this State for pay-per-call services the following disclosures in a clear and conspicuous manner:
(1) an accurate description of the message content and all material terms and conditions associated with the service;
(2) the total price of the service, in a typeface and size as large and conspicuous as is the number to be called and displayed immediately adjacent to the number to be called, including:
(A) the initial flat rate charge, if any;
(B) the per-minute charge, if any;
(C) the minimum per-call charge, if any;
(D) any other charges, if any; and
(E) where charges are assessed based in whole or in part on the length of the call, the average duration of a call to the service, or if the service is less than 24 hours old, a good faith estimate of the average duration based on the average duration of the similar services;
(3) the sponsor’s name, address, and customer service number.
(b) A sponsor shall include in all advertisements or promotions in this State for pay-per-call services directed at or likely to be of interest to minors a clear and conspicuous notice that parental consent must be obtained before a minor may dial the number.
(c) No sponsor may use the word “free” or similar terms to describe the pay-per-call service in any advertisement or promotion in this State. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2503. Requirements for preambles

§ 2503. Requirements for preambles
A sponsor of pay-per-call services for which the charge to the caller may in any case exceed $2.00 shall commence the service with a disclosure message or “preamble” provided at no charge to the caller, clearly indicating the following information:
(1) an accurate description of the service;
(2) the total price of the service, including:
(A) all per-call charges; and
(B) if the call is billed on a usage-sensitive basis, all rates by minute or other unit of time, any minimum charges and the total cost for calls to that program if the duration of the program can be determined;
(3) that billing will commence only after a specific identified event following the disclosure message, such as a signal tone, followed by a reasonable period of time within which the caller may disconnect before that event;
(4) if the service is directed at or likely to be of interest to children under age 18, a statement that the caller should hang up if parental consent has not been obtained; and
(5) the legal name of the sponsor of the service. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2504. Bypass mechanisms

§ 2504. Bypass mechanisms
A sponsor may offer a caller the means to bypass the preamble on subsequent calls, provided that the caller is in sole control of that capability, except that any bypass device shall be disabled for a period of 30 days following the effective date of a price increase for the pay-per-call service. A sponsor shall include at the end of the preamble or the end of the program instructions on how to bypass. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2505. Loan and credit card services

§ 2505. Loan and credit card services
It shall be an unlawful practice for a sponsor to sell or offer for sale pay-per-call services directly or indirectly purporting to extend callers any form of credit, loan, or charge card unless:
(1) all advertisements and promotions for the service include a complete and accurate description of all terms, including fees, required purchases, interest rates, minimum account balances or deposits, limitations on usage, and other conditions, limitations, or charges associated therewith;
(2) the sponsor is authorized to act as an agent in connection with the issuance of the loan, credit, or charge card by an authorized financial institution;
(3) the sponsor has complied with all applicable State and federal laws relating to the extension of loans, credit, or charge cards; and
(4) the sponsor provides a full refund to any caller who requests one. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2506. Employment services

§ 2506. Employment services
It shall be an unlawful practice for a sponsor to sell or offer for sale pay-per-call services directly or indirectly offering employment or job-placement related services unless:
(1) all advertisements and promotions for the service include an accurate description of the material terms and conditions associated with the job or employment opportunities that are the subject of the service, including geographic locations and applicant qualifications;
(2) for programs where no specific job listings are provided to the caller, but rather the names of companies are listed as potential employers, the sponsor states in all advertising and promotions, and in the program script, that the companies named are only potential employers, who may not have openings at the time the caller contacts them;
(3) the sponsor removes from the program script job listings that have closed within one day of the closing; and
(4) the sponsor has complied with all applicable State and federal laws relating to the offering of employment or job-placement services. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2507. Prize award services

§ 2507. Prize award services
It shall be an unlawful practice for a sponsor to sell or offer for sale pay-per-call services that involve unsolicited notification to prospective callers that they are entitled to a prize, award, or other thing of value and with respect to which they are requested to access a pay-per-call service unless:
(1) all advertisements and promotions for such services include:
(A) an accurate description of all material terms, conditions, and rules regarding the prospective caller’s eligibility for the prize or prizes;
(B) a statement as to whether all prizes will be awarded and the odds of winning each prize;
(C) the identity and true market value of the prize or prizes to which the caller is entitled, and a complete description of each prize including any related expenses which will be the responsibility of the winner; and
(D) a description of how to claim the prize without calling the pay-per-call service or incurring any other cost;
(2) the sponsor provides a full refund to any caller who requests one;
(3) the identity and value of the prize or prizes is not determined by chance. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2508. Children’s program services

§ 2508. Children’s program services
(a) It shall be an unlawful practice for a sponsor to sell or offer for sale pay-per-call services directed at children age 12 or under.
(b) The advertisement or promotion of pay-per-call services on television during a time slot used by television stations to air programming for children age 12 or under shall give rise to a rebuttable presumption of a violation of this section.
(c) It shall be an unlawful practice for a sponsor to sell or offer for sale pay-per-call services directed at children under the age of 18 where the service, or any advertisement or promotion for it:
(1) contains an imperative statement, including language such as “call now” or “you must call”;
(2) contains an embedded message to call other pay-per-call numbers;
(3) requests that the caller provide his or her name, address, telephone number, or other identifying information;
(4) requests that the caller make an additional purchase in order for the complete message to be received;
(5) contains a message soliciting copies of phone bills; or
(6) requires the viewing of a television program to obtain the complete message.
(d) It shall be an unlawful practice for a sponsor to sell or offer for sale pay-per-call services directed at children under the age of 18 unless the sponsor provides a full credit upon request for any call by a child that was not authorized by the child’s parent.
(e) It shall be an unlawful practice for a sponsor to sell or offer for sale pay-per-call services directed at children under the age of 18 for which the total charges per call to the customer exceed $4.00. (Added 1993, No. 99, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 67 - Pay-per-Call Services › § 2509. Charitable solicitations

§ 2509. Charitable solicitations
It shall be an unlawful practice for a sponsor to sell or offer for sale pay-per-call services that involve charitable fundraising either directly or indirectly by solicitation of donations or through the sale of information, goods, or services unless:
(1) all advertisements and promotions for the service include the identity of the nonprofit tax-exempt charity or charitable organization for which the funds are being raised;
(2) the sponsor gives callers the right to cancel any pledge made by virtue of the telephone call, whether it is characterized as a donation or as the cost of the call itself, and notifies callers of that right as part of the service; and
(3) the sponsor and charity or charitable organization have complied with all applicable federal and State laws governing charitable fundraising. (Added 1993, No. 99, § 2.)