reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 62 - Protection of Personal Information › § 2443a. Operator prohibitions

§ 2443a. Operator prohibitions
(a) An operator shall not knowingly do any of the following with respect to its site, service, or application:
(1) Engage in targeted advertising on the operator’s site, service, or application or target advertising on any other site, service, or application if the targeting of the advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application for PreK-12 school purposes.
(2) Use information, including a persistent unique identifier, that is created or gathered by the operator’s site, service, or application to amass a profile about a student, except in furtherance of PreK-12 school purposes. “Amass a profile” does not include the collection and retention of account information that remains under the control of the student, the student’s parent or legal guardian, or the school.
(3) Sell, barter, or rent a student’s information, including covered information. This subdivision (3) does not apply to the purchase, merger, or other type of acquisition of an operator by another entity if the operator or successor entity complies with this subchapter regarding previously acquired student information.
(4) Except as otherwise provided in section 2443c of this title, disclose covered information, unless the disclosure is made for one or more of the following purposes and is proportionate to the identifiable information necessary to accomplish the purpose:
(A) to further the PreK-12 school purposes of the site, service, or application, provided:
(i) the recipient of the covered information does not further disclose the information except to allow or improve operability and functionality of the operator’s site, service, or application; and
(ii) the covered information is not used for a purpose inconsistent with this subchapter;
(B) to ensure legal and regulatory compliance or take precautions against liability;
(C) to respond to judicial process;
(D) to protect the safety or integrity of users of the site or others or the security of the site, service, or application;
(E) for a school, educational, or employment purpose requested by the student or the student’s parent or legal guardian, provided that the information is not used or further disclosed for any other purpose; or
(F) to a third party if the operator contractually prohibits the third party from using any covered information for any purpose other than providing the contracted service to or on behalf of the operator, prohibits the third party from disclosing any covered information provided by the operator to subsequent third parties, and requires the third party to implement and maintain reasonable security procedures and practices.
(b) This section does not prohibit an operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application. (Added 2019, No. 89 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 62 - Protection of Personal Information › § 2443b. Operator duties

§ 2443b. Operator duties
An operator shall:
(1) implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information and designed to protect that covered information from unauthorized access, destruction, use, modification, or disclosure;
(2) delete, within a reasonable time period and to the extent practicable, a student’s covered information if the school or school district requests deletion of covered information under the control of the school or school district, unless a student or his or her parent or legal guardian consents to the maintenance of the covered information; and
(3) publicly disclose and provide the school with material information about its collection, use, and disclosure of covered information, including publishing a term of service agreement, privacy policy, or similar document. (Added 2019, No. 89 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 62 - Protection of Personal Information › § 2443c. Permissive use or disclosure

§ 2443c. Permissive use or disclosure
An operator may use or disclose covered information of a student under the following circumstances:
(1) if other provisions of federal or State law require the operator to disclose the information and the operator complies with the requirements of federal and State law in protecting and disclosing that information;
(2) for legitimate research purposes as required by State or federal law and subject to the restrictions under applicable State and federal law or as allowed by State or federal law and under the direction of a school, school district, or the State Board of Education if the covered information is not used for advertising or to amass a profile on the student for purposes other than for PreK-12 school purposes; and
(3) disclosure to a State or local educational agency, including schools and school districts, for PreK-12 school purposes as permitted by State or federal law. (Added 2019, No. 89 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 62 - Protection of Personal Information › § 2443d. Operator actions that are not prohibited

§ 2443d. Operator actions that are not prohibited
This subchapter does not prohibit an operator from doing any of the following:
(1) using covered information to improve educational products if that information is not associated with an identified student within the operator’s site, service, or application or other sites, services, or applications owned by the operator;
(2) using covered information that is not associated with an identified student to demonstrate the effectiveness of the operator’s products or services, including in their marketing;
(3) sharing covered information that is not associated with an identified student for the development and improvement of educational sites, services, or applications;
(4) using recommendation engines to recommend to a student either of the following:
(A) additional content relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party; or
(B) additional services relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party; and
(5) responding to a student’s request for information or for feedback without the information or response being determined in whole or in part by payment or other consideration from a third party. (Added 2019, No. 89 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 62 - Protection of Personal Information › § 2443e. Applicability

§ 2443e. Applicability
This subchapter does not:
(1) limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order;
(2) limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;
(3) apply to general audience Internet websites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications;
(4) limit service providers from providing Internet connectivity to schools or students and their families;
(5) prohibit an operator of an Internet website, online service, online application, or mobile application from marketing educational products directly to parents if the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this subchapter;
(6) impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this subchapter on those applications or software;
(7) impose a duty upon a provider of an interactive computer service, as defined in 47 U.S.C. § 230, to review or enforce compliance with this subchapter by third-party content providers;
(8) prohibit students from downloading, exporting, transferring, saving, or maintaining their own student-created data or documents; or
(9) supersede the federal Family Educational Rights and Privacy Act or rules adopted pursuant to that Act. (Added 2019, No. 89 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 62 - Protection of Personal Information › § 2443f. Enforcement

§ 2443f. Enforcement
A person who violates a provision of this chapter commits an unfair and deceptive act in commerce in violation of section 2453 of this title. (Added 2019, No. 89 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 62 - Protection of Personal Information › § 2446. Annual registration

§ 2446. Annual registration
(a) Annually, on or before January 31 following a year in which a person meets the definition of data broker as provided in section 2430 of this title, a data broker shall:
(1) register with the Secretary of State;
(2) pay a registration fee of $100.00; and
(3) provide the following information:
(A) the name and primary physical, e-mail, and Internet addresses of the data broker;
(B) if the data broker permits a consumer to opt out of the data broker’s collection of brokered personal information, opt out of its databases, or opt out of certain sales of data:
(i) the method for requesting an opt-out;
(ii) if the opt-out applies to only certain activities or sales, which ones; and
(iii) whether the data broker permits a consumer to authorize a third party to perform the opt-out on the consumer’s behalf;
(C) a statement specifying the data collection, databases, or sales activities from which a consumer may not opt out;
(D) a statement whether the data broker implements a purchaser credentialing process;
(E) the number of data broker security breaches that the data broker has experienced during the prior year, and if known, the total number of consumers affected by the breaches;
(F) where the data broker has actual knowledge that it possesses the brokered personal information of minors, a separate statement detailing the data collection practices, databases, sales activities, and opt-out policies that are applicable to the brokered personal information of minors; and
(G) any additional information or explanation the data broker chooses to provide concerning its data collection practices.
(b) A data broker that fails to register pursuant to subsection (a) of this section is liable to the State for:
(1) a civil penalty of $50.00 for each day, not to exceed a total of $10,000.00 for each year, it fails to register pursuant to this section;
(2) an amount equal to the fees due under this section during the period it failed to register pursuant to this section; and
(3) other penalties imposed by law.
(c) The Attorney General may maintain an action in the Civil Division of the Superior Court to collect the penalties imposed in this section and to seek appropriate injunctive relief. (Added 2017, No. 171 (Adj. Sess.), § 2, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2451. Purpose

§ 2451. Purpose
The purpose of this chapter is to complement the enforcement of federal statutes and decisions governing unfair methods of competition, unfair or deceptive acts or practices, and anti-competitive practices in order to protect the public and to encourage fair and honest competition. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 2011, No. 168 (Adj. Sess.), § 2, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2452. Limitation

§ 2452. Limitation
(a) Nothing in this chapter shall apply to the owner or publisher of a newspaper, magazine, publication, or printed matter, or to a provider of an interactive computer service, wherein an advertisement or offer to sell appears, or to the owner or operator of a radio or television station that disseminates an advertisement or offer to sell, when the owner, publisher, operator, or provider has no knowledge of the fraudulent intent, design, or purpose of the advertiser or offeror, and is not responsible, in whole or in part, for the creation or development of the advertisement or offer to sell.
(b) In this section, “interactive computer service” has the same meaning as in 47 U.S.C. § 230(f)(2). (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 2015, No. 55, § 9.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2453. Practices prohibited; antitrust and consumer protection

§ 2453. Practices prohibited; antitrust and consumer protection
(a) Unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce are hereby declared unlawful.
(b) It is the intent of the Legislature that in construing subsection (a) of this section, the courts of this State will be guided by the construction of similar terms contained in Section 5(a)(1) of the Federal Trade Commission Act as from time to time amended by the Federal Trade Commission and the courts of the United States.
(c) The Attorney General shall adopt rules, when necessary and proper to carry out the purposes of this chapter, relating to unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce. The rules shall not be inconsistent with the rules, regulations, and decisions of the Federal Trade Commission and the federal courts interpreting the Federal Trade Commission Act.
(d) Violation of a rule adopted by the Attorney General is prima facie proof of the commission of an unfair or deceptive act in commerce.
(e) The provisions of subsections (a), (c), and (d) of this section shall also be applicable to real estate transactions. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 8, eff. April 4, 1969; 1969, No. 278 (Adj. Sess.); 1973, No. 221 (Adj. Sess.), § 1, eff. June 7, 1974; 1999, No. 65 (Adj. Sess.), § 2; 2011, No. 109 (Adj. Sess.), § 2, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1a, eff. May 18, 2012; 2017, No. 74, § 13.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2453a. Practices prohibited; criminal antitrust violations

§ 2453a. Practices prohibited; criminal antitrust violations
(a) Collusion is hereby declared to be a crime.
(b) Subsection (a) of this section shall not be construed to apply to activities of or arrangements between or among persons that are permitted, authorized, approved, or required by federal or state statutes or regulations.
(c) It is the intent of the General Assembly that in construing this section and subdivision 2451a(8) of this title, the courts of this State shall be guided by the construction of federal antitrust law and the Sherman Act, as amended, as interpreted by the courts of the United States.
(d) Nothing in this section limits the power of the Attorney General or a State’s Attorney to bring civil actions for antitrust violations under section 2453 of this title.
(e) A violation of this section shall be punished by a fine of not more than $100,000.00 for an individual or $1,000,000.00 for any other person or by imprisonment not to exceed five years, or both. (Added 2011, No. 168 (Adj. Sess.), § 4, eff. May 18, 2012; amended 2021, No. 20, § 17.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2453b. Retaliation prohibited

§ 2453b. Retaliation prohibited
No person shall retaliate against, coerce, intimidate, threaten, or interfere with any other person who:
(1) has opposed any act or practice of the person that is collusive or in restraint of trade;
(2) has lodged a complaint or has testified, assisted, or participated in any manner with the Attorney General or a State’s Attorney in an investigation of acts or practices that are collusive or in restraint of trade;
(3) is known by the person to be about to lodge a complaint or testify, assist, or participate in any manner in an investigation of acts or practices that are collusive or in restraint of trade; or
(4) is believed by the person to have acted as described in subdivision (1), (2), or (3) of this subsection. (Added 2011, No. 168 (Adj. Sess.), § 5, eff. May 18, 2012.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2454a. Consumer contracts; automatic renewal

§ 2454a. Consumer contracts; automatic renewal
(a) A contract between a consumer and a seller or a lessor with an initial term of one year or longer that renews for a subsequent term that is longer than one month shall not renew automatically unless:
(1) the contract states clearly and conspicuously the terms of the automatic renewal provision in plain, unambiguous language in bold-face type;
(2) in addition to accepting the contract, the consumer takes an affirmative action to opt in to the automatic renewal provision; and
(3) if the consumer opts in to the automatic renewal provision, the seller or lessor provides a written or electronic notice to the consumer:
(A) not less than 30 days and not more than 60 days before the earliest of:
(i) the automatic renewal date;
(ii) the termination date; or
(iii) the date by which the consumer must provide notice to cancel the contract; and
(B) that includes:
(i) the date the contract will terminate and a clear statement that the contract will renew automatically unless the consumer cancels the contract on or before the termination date; and
(ii) the length and any additional terms of the renewal period.
(b) A seller or lessor under a contract subject to subsection (a) of this section shall:
(1) provide to the consumer a toll-free telephone number, e-mail address, a postal address if the seller or lessor directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for canceling the contract; and
(2) if the consumer accepted the contract online, permit the consumer to terminate the contract exclusively online, which may include a termination e-mail formatted and provided by the seller or lessor that the consumer can send without additional information.
(c) A person who violates a provision of this section commits an unfair and deceptive act in commerce in violation of section 2453 of this title.
(d) The provisions of this section do not apply to:
(1) a contract between a consumer and a financial institution, as defined in 8 V.S.A. § 11101, or between a consumer and a credit union, as defined in 8 V.S.A. § 30101; or
(2) a contract for insurance, as defined in 8 V.S.A. § 3301a. (Added 2017, No. 179 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2019, No. 89 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2455. Defenses

§ 2455. Defenses
The holder of a promissory note or instrument, or other evidence of indebtedness of a consumer delivered in connection with a contract shall take or hold that note, instrument, or evidence subject to all defenses of such consumer that would be available to the consumer in an action on a simple contract, and all rights available to him or her under this chapter. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 2, eff. April 4, 1969.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2456. Confession of judgment

§ 2456. Confession of judgment
Any agreement of a consumer in a contract that a power of attorney is given to confess judgment, or an assignment of wages is given, or any agreement of similar effect, is void and of no force and effect on any party. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 3, eff. April 4, 1969.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2457. Evidence of fraud

§ 2457. Evidence of fraud
The failure to sell any goods or services in the manner and of the nature advertised or offered, or the refusal or inability to sell any goods or services at the price advertised or offered or in accordance with other terms or conditions of the advertisement or offer, creates a rebuttable presumption of an intent to violate the provisions of this chapter. No actual damage to any person need be alleged or proven for an action to lie under this chapter. (Added 1967, No. 132, § 1, eff. April 17, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2458. Restraining prohibited acts

§ 2458. Restraining prohibited acts
(a) Whenever the Attorney General or a State’s Attorney has reason to believe that any person is using or is about to use any method, act, or practice declared by section 2453 of this title to be unlawful, or has reason to believe that any person has violated any assurance of discontinuance entered into pursuant to section 2459 of this title, and that proceedings would be in the public interest, the Attorney General, or a State’s Attorney if authorized to proceed by the Attorney General, may bring an action in the name of the State against such person to restrain by temporary or permanent injunction the use of such method, act, or practice or to dissolve a domestic corporation or revoke the certificate of authority granted a foreign corporation. The action may be brought in the Superior Court of the county in which such person resides, has a place of business, or is doing business. The courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of this chapter, such injunctions to be issued without bonds, and so to dissolve, or revoke the certificate of authority of, a corporation.
(b) In addition to the foregoing, the Attorney General or a State’s Attorney may request and the court is authorized to render any other temporary or permanent relief, or both, as may be in the public interest, including:
(1) the imposition of a civil penalty of not more than $10,000.00 for each unfair or deceptive act or practice in commerce and of not more than $100,000.00 for an individual or $1,000,000.00 for any other person for each unfair method of competition in commerce;
(2) an order for restitution of cash or goods on behalf of a consumer or a class of consumers similarly situated;
(3) an order requiring reimbursement to the State of Vermont for the reasonable value of its services and its expenses in investigating and prosecuting the action;
(4) amounts other than consumer restitution recovered by the Attorney General or Department of State’s Attorneys and Sheriffs under this chapter, but not to exceed amounts annually appropriated, or authorized pursuant to 32 V.S.A. § 511, shall be deposited into special funds that shall be available to the Attorney General or Department of State’s Attorneys and Sheriffs, respectively, to offset the costs of providing legal services.
(c) Whenever a State’s Attorney brings an action pursuant to this section, a copy of any pleadings shall be served on the Attorney General pursuant to Rule 5 of the Vermont Rules of Civil Procedure. Failure to comply with this provision shall not affect the validity of the proceedings commenced under this section. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 4, eff. April 4, 1969; 1971, No. 235 (Adj. Sess.), § 1; 1973, No. 110, § 2; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1999, No. 49, § 213; 2009, No. 67 (Adj. Sess.), § 88, eff. Feb. 25, 2010; 2015, No. 128 (Adj. Sess.), § D.1; 2019, No. 154 (Adj. Sess.), § E.200.2, eff. Oct. 2, 2020.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2459. Assurance of discontinuance

§ 2459. Assurance of discontinuance
(a) In any case where the Attorney General or a State’s Attorney has authority to institute an action or proceeding under section 2458 of this title, in lieu thereof he or she may accept an assurance of discontinuance of any method, act, or practice in violation of this chapter from any person alleged to be engaged or to have been engaged in such method, act, or practice. Such assurance may include a stipulation for affirmative action by such person, payment of a civil forfeiture and the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved consumers, or any of the above. Any such assurance of discontinuance shall be in writing and be filed with the Washington Superior Court. Evidence of a violation of such assurance shall be prima facie proof of violation of section 2453 of this title, or of any rule of regulation made pursuant to section 2453 of this title in any action or proceeding thereafter brought by the Attorney General or a State’s Attorney.
(b) No assurance of discontinuance may be accepted by a State’s Attorney without the approval of the Attorney General, who shall indicate his or her approval by countersigning any assurance before it may become effective. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 5, eff. April 4, 1969; 1973, No. 110, § 3; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2461. Civil penalty

§ 2461. Civil penalty
(a) Any person who violates the terms of an injunction issued under section 2458 of this title shall forfeit and pay to the State a civil penalty of not more than $10,000.00 for each violation. For the purposes of this section, the court issuing such injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General or a State’s Attorney acting in the name of the State may petition for recovery of such civil penalty.
(b) Any consumer who contracts for goods or services in reliance upon false or fraudulent representations or practices prohibited by section 2453 of this title, or who sustains damages or injury as a result of any false or fraudulent representations or practices prohibited by section 2453 of this title, or prohibited by any rule or regulation made pursuant to section 2453 of this title, may sue for appropriate equitable relief and may sue and recover from the seller, solicitor, or other violator the amount of his or her damages, or the consideration or the value of the consideration given by the consumer, reasonable attorney’s fees, and exemplary damages not exceeding three times the value of the consideration given by the consumer. Any language, written or oral, used by a seller or solicitor, that attempts to exclude or modify recovery of the penalty or reasonable attorney’s fees shall be unenforceable.
(c) Any person alleged to have violated the terms of subsection (b) of this section shall be entitled to a trial by jury, unless waived according to law. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 7, eff. April 4, 1969; 1971, No. 235 (Adj. Sess.), § 2; 1973, No. 110, § 5.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2461a. Hearing aid violations

§ 2461a. Hearing aid violations
The Attorney General shall investigate alleged irregularities and complaints relating to the fitting and selling of hearing aids, in violation of 18 V.S.A. chapter 90, and rules and regulations promulgated thereunder. (Added 1975, No. 95, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2461c. Predatory pricing

§ 2461c. Predatory pricing
(a) No person, with the intent to harm competition, shall price goods or services in a manner that tends to create or maintain a monopoly or otherwise harms competition. A violation of this subsection is deemed to be an unfair method of competition in commerce and a violation of section 2453 of this title.
(b) It is the intent of the General Assembly that in construing subsection (a) of this section, the courts of the State will be guided by similar terms contained in federal anti-trust law as construed by the courts of the United States and as amended by Congress.
(c) The Attorney General shall adopt rules when necessary and proper to carry out the purposes of this section. The rules shall not be inconsistent with the rules, regulations, and decisions of the Federal Trade Commission or with the decisions of the courts of the United States construing federal anti-trust law.
(d) The Attorney General has the same authority to conduct civil investigations and enter into assurances of discontinuance as provided under subchapter 1 of this chapter.
(e) A person aggrieved by a violation of this section or a violation of rules adopted under this section may bring an action in Superior Court for appropriate relief under subsection 2461(b) of this title.
(f) This section shall not be construed to limit rights or remedies available to a person under any other law. (Added 2005, No. 35, § 1; amended 2017, No. 74, § 14.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2461d. Price gouging of petroleum products and heating fuel products

§ 2461d. Price gouging of petroleum products and heating fuel products
(a) Definitions For the purposes of this section:
(1) A “market emergency” shall be declared by the Governor. The market emergency shall continue for 30 days or until terminated by the Governor. The Governor may extend the market emergency for additional 30-day periods. “Market emergency” means any abnormal disruption of any market for petroleum products or heating fuel products, including any actual or threatened shortage in the supply of petroleum products or heating fuel products or any actual or threatened increase in the price of petroleum products or heating fuel products resulting from severe weather, convulsion of nature, supply manipulation, failure or shortage of electric power or other source of energy, strike, civil disorder, act of war, terrorist attack, national or local emergency, or other extraordinary adverse circumstances.
(2) “Petroleum or heating fuel product” means motor fuels, liquefied petroleum gas, fuel oil, kerosene, and wood pellets used for heating or cooking purposes.
(3) “Petroleum or heating fuel-related business” means any producer, supplier, wholesaler, distributor, or retail seller of any petroleum or heating fuel product.
(b) It is an unfair and deceptive act and practice in commerce and a violation of section 2453 of this title for any petroleum or heating fuel-related business during a market emergency or seven days prior thereto to sell or offer to sell any petroleum product or heating fuel product for an amount that represents an unconscionably high price.
(c) A price is unconscionably high if:
(1) the amount charged during the market emergency or seven days prior thereto represents a gross disparity between the price of the petroleum product or heating fuel product charged by the petroleum or heating fuel related business and:
(A) the price at which the same product was sold or offered for sale by that business in the usual course of business immediately prior to the date of the declaration of the market emergency; or
(B) the price at which the same or similar petroleum product or heating fuel product is readily obtainable by the buyer and other buyers in the trade area in which the petroleum- or heating-fuel-related business markets the product; and
(2) the disparity is not substantially attributable to increased prices charged by the petroleum product or heating fuel product suppliers or increased costs due to a market emergency. (Added 2005, No. 210 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2462. Action by State’s Attorney

§ 2462. Action by State’s Attorney
Any State’s Attorney receiving notice of any alleged violation of this chapter shall immediately forward written notice of the same with any other information he or she may have to the “Office of the Attorney General, Attention Consumer Protection Division.” (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1973, No. 110, § 6.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2463. Credit billing for certain home solicitation sales

§ 2463. Credit billing for certain home solicitation sales
In the case of any home solicitation sale solicited or consummated by a seller in whole or in part by telephone that is paid for by means of an open-end consumer credit plan within the meaning of the federal Truth-in-Lending Act, 15 U.S.C. § 1601 et seq., the issuer of the credit card on which the consumer has charged the purchase shall, for one year from the date of the sale, or within any other time period available under applicable network operating rules in effect at the time of the sale, whichever is greater, and for the purpose of a disputed charge and reimbursement to the consumer, be subject to the claim or defense that the seller failed to comply with the disclosure requirements of subsection 2454(b) of this chapter and engaged in a related unfair or deceptive act or practice under subsection 2453(a) of this title, regardless of the amount of the purchase, the location of the seller, or the amount, if any, already paid by the consumer. Where a consumer has raised such a claim or defense, the issuer shall not report any negative information on the purchase to any consumer reporting agency as defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f), unless there is a judicial determination that the consumer’s defense or claim is without merit, except that the issuer may report that there is a dispute with respect to the charge. (Added 1993, No. 99, § 4; amended 2011, No. 136 (Adj. Sess.), § 3, eff. May 18, 2013.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2463a. Choice of law in computer information agreement

§ 2463a. Choice of law in computer information agreement
A choice of law provision in a computer information agreement that provides that the contract is to be interpreted pursuant to the laws of a state that has enacted the Uniform Computer Information Transactions Act, as proposed by the National Conference of Commissioners on Uniform State Laws or any substantially similar law, is voidable, and the agreement shall be interpreted pursuant to the laws of this State if the party against whom enforcement of the choice of law provisions is sought is a resident of this State or has its principal place of business located in this State. For purposes of this section, a “computer information agreement” means an agreement that would be governed by the Uniform Computer Information Transactions Act or substantially similar law as enacted in the state specified in the choice of law provisions if that state’s law were applied to the agreement. This section may not be varied by agreement of the parties. This section shall remain in force until such time as the General Assembly enacts the Uniform Computer Information Transactions Act or any substantially similar law and that law becomes effective. (Added 2003, No. 44, § 2, eff. Jan. 1, 2004.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2464b. Registration of telemarketers

§ 2464b. Registration of telemarketers
(a) Every telemarketer shall register with the Secretary of State, on a form approved by the Secretary. In the case of a telemarketer who hires, whether on an hourly, commission, or independent contractor basis, one or more persons to conduct telephone solicitations, only the person who causes others to conduct telephone solicitations need register. The Secretary of State may adopt rules prescribing the manner in which registration under this section shall be conducted, including a requirement of notice to the Secretary by the telemarketer when the telemarketer ceases to do business in Vermont.
(b) The Secretary of State shall require that each telemarketer designate an agent for the purpose of submitting to the jurisdiction of the Vermont courts in any action brought for violations of section 2464a of this title.
(c) The Secretary of State shall collect the following fees when a document described in this section is delivered to the Office of the Secretary of State for filing:
(1) Registration: $125.00.
(2) Statement of change of designated agent or designated office, or both: $25.00, not to exceed $1,000.00 per filer per calendar year. (Added 2001, No. 120 (Adj. Sess.), § 2; amended 2013, No. 72, § 2.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2464c. Private cause of action

§ 2464c. Private cause of action
Any person who receives a telephone call in violation of subsection 2464a(b) of this title may bring an action in Superior Court for damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney’s fees. The court may issue an award for the person’s actual damages or $500.00 for a first violation, or $1,000.00 for each subsequent violation, whichever is greater. In considering the amount of punitive damages, the court may consider, among other relevant factors, the extent to which a telephone solicitor maintained and complied with procedures designed to ensure compliance with the requirements of sections 2464a and 2464b of this title. This section shall not limit any other claims the person may have under applicable law. (Added 2001, No. 120 (Adj. Sess.), § 3; amended 2003, No. 89 (Adj. Sess.), § 2, eff. April 7, 2004; 2017, No. 66, § 1, eff. June 8, 2017.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2464d. Telephone preference service

§ 2464d. Telephone preference service
Local exchange carriers shall provide notices at least annually to residential customers of the availability of telephone callers’ do not call lists under federal law and of the federal Do Not Call Registry, and a description of how to register. (Added 2001, No. 120 (Adj. Sess.), § 4; amended 2003, No. 89 (Adj. Sess.), § 3, eff. April 7, 2004.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2464e. Robocalls; prohibition; penalty

§ 2464e. Robocalls; prohibition; penalty
(a) Intent. It is the intent of the General Assembly in adopting this section to create State law prohibition on the placement of robocalls to Vermont consumers that is coextensive with the federal limitations created in the Telephone Consumer Protection Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the regulations adopted under those Acts, and the judicial construction of these laws.
(b) Prohibition. A person shall not initiate an automatically dialed or prerecorded telephone call to a Vermont consumer in violation of the federal Telephone Consumer Protection Act, 47 U.S.C. § 227; the federal Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101–6108; and the regulations adopted pursuant to those Acts, as amended.
(c) Civil violation.
(1) A violation of this section constitutes a violation of section 2453 of this title.
(2) Each prohibited telephone call constitutes a separate violation under this subsection.
(3)(A) A person who receives a telephone call in violation of this section may bring an action in Superior Court for damages or a civil penalty, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney’s fees.
(B) The court may issue an award for the greater of a person’s damages or a civil penalty of $500.00 for a first violation and $1,000.00 for each subsequent violation.
(d) Criminal penalties.
(1) A person who commits a knowing and willful violation of this section shall be imprisoned for not more than 90 days or fined not more than $1,000.00 per violation, or both.
(2) Each telephone call constitutes a separate violation under this subsection.
(e) The Attorney General shall exercise his or her authority and discretion to work cooperatively with other state and federal government entities to identify callers who initiate robocalls to consumers in violation of this section and to enforce the provisions of this section regardless of the location of the caller. (Added 2021, No. 183 (Adj. Sess.), § 57, eff. July 1, 2023.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2465. Antitrust remedies

§ 2465. Antitrust remedies
(a) Any person who sustains damages or injury as a result of any violation of State antitrust laws, including section 2453 of this title, may sue and recover from the violator the amount of his or her damages, or the consideration or the value of the consideration given by the aggrieved person, reasonable attorney’s fees, and exemplary damages, not exceeding three times the value of the consideration given or damages sustained by the aggrieved person.
(b) In any action for damages or injury sustained as a result of any violation of State antitrust laws, pursuant to section 2453 of this title, the fact that the State, any public agency, political subdivision, or any other person has not dealt directly with a defendant shall not bar or otherwise limit recovery. The court shall take all necessary steps to avoid duplicate liability, including the transfer or consolidation of all related actions. (Added 1999, No. 65 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2465b. Misrepresentation of a floral business as local

§ 2465b. Misrepresentation of a floral business as local
(a) In connection with the sale of floral products, it shall be an unlawful and deceptive act and practice in commerce in violation of section 2453 of this title for a floral business to misrepresent in an advertisement, on the Internet, on a website, or in a listing of the floral business in a telephone directory or other directory assistance database the geographic location of the floral business as “local,” “locally owned,” or physically located within Vermont.
(b) A floral business is considered to misrepresent its geographic location that it is “local,” “locally owned,” or located within Vermont in violation of subsection (a) of this section if the floral business is not physically located in Vermont and:
(1) the advertisement, Internet, website, or directory listing would lead a reasonable consumer to conclude that the floral business is physically located in Vermont; or
(2) the advertisement, Internet, website, or directory listing uses the name of a floral business that is physically located in Vermont, with geographic terms that would lead a reasonable consumer to understand the advertised floral business to be physically located in Vermont.
(c) A retail floral business physically located in Vermont shall be deemed a consumer for the purposes of enforcing this section under subsection 2461(b) of this chapter. (Added 2011, No. 52, § 45, eff. May 27, 2011.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2466. Goods and services appearing on telephone bill

§ 2466. Goods and services appearing on telephone bill
(a) Except as provided in subsection (f) of this section, a seller shall not bill a consumer for goods or services that will appear as a charge on the person’s bill for telephone service provided by any local exchange carrier.
(b) No person shall arrange on behalf of a seller of goods or services, directly or through an intermediary, with a local exchange carrier, to bill a consumer for goods or services other than as permitted by this section. This prohibition applies, but is not limited, to persons who aggregate consumer billings for a seller and to persons who serve as a clearinghouse for aggregated billings.
(c) Failure to comply with this section is an unfair and deceptive act and practice in commerce under this chapter.
(d) The Attorney General may make rules and regulations to carry out the purposes of this section.
(e) Nothing in this section limits the liability of any person under existing statutory or common law.
(f)(1) This section shall apply to billing aggregators described in 30 V.S.A. § 231a, but shall not apply to:
(A) billing for goods or services marketed or sold by persons subject to the jurisdiction of the Vermont Public Utility Commission under 30 V.S.A. § 203;
(B) billing for direct dial or dial around services initiated from the consumer’s telephone; or
(C) operator-assisted telephone calls, collect calls, or telephone services provided to facilitate communication to or from correctional center inmates.
(2) Nothing in this section affects any rule issued by the Vermont Public Utility Commission. (Added 1999, No. 67 (Adj. Sess.), § 5; amended 2011, No. 52, § 78, eff. May 27, 2011.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 63 - Consumer Protection › § 2466a. Consumer protections; prescription drugs

§ 2466a. Consumer protections; prescription drugs
(a) A violation of 18 V.S.A. § 4631 shall be considered a prohibited practice under section 2453 of this title.
(b) As provided in 18 V.S.A. § 9474, a violation of 18 V.S.A. § 9472 or 9473 shall be considered a prohibited practice under section 2453 of this title.
(c)(1) It shall be a prohibited practice under section 2453 of this title for a manufacturer of prescription drugs to present or cause to be presented in the State a regulated advertisement if that advertisement does not comply with the requirements concerning drugs and devices and prescription drug advertising in federal law and regulations under 21 U.S.C. §§ 331 and 352(n) and 21 C.F.R. Part 202.
(2) For purposes of this section:
(A) “Manufacturer of prescription drugs” means a person authorized by law to manufacture, bottle, or pack drugs or biological products; a licensee or affiliate of that person; or a labeler that receives drugs or biological products from a manufacturer or wholesaler and repackages them for later retail sale and has a labeler code from the federal Food and Drug Administration under 21 C.F.R. § 202.20.
(B) “Regulated advertisement” means:
(i) the presentation to the general public of a commercial message regarding a prescription drug or biological product by a manufacturer of prescription drugs that is broadcast on television, cable, or radio from a station or cable company that is physically located in the State, broadcast over the Internet from a location in the State, or printed in magazines or newspapers that are printed, distributed, or sold in the State; or
(ii) a commercial message regarding a prescription drug or biological product by a manufacturer of prescription drugs or its representative that is conveyed:
(I) to the office of a health care professional doing business in Vermont, including statements by representatives or employees of the manufacturer and materials mailed or delivered to the office; or
(II) at a conference or other professional meeting occurring in Vermont.
(d) No person shall sell, offer for sale, or distribute electronic prescribing software that advertises, uses instant messaging and pop-up advertisements, or uses other means to influence or attempt to influence the prescribing decision of a health care professional through economic incentives or otherwise and that is triggered or in specific response to the input, selection, or act of a health care professional or agent in prescribing a specific prescription drug or directing a patient to a certain pharmacy. This subsection shall not apply to information provided to the health care professional about pharmacy reimbursement, prescription drug formulary compliance, and patient care management. (Added 2007, No. 80, § 21; amended 2007, No. 89 (Adj. Sess.), § 5, eff. March 5, 2008; 2013, No. 144 (Adj. Sess.), § 15; 2015, No. 23, § 42.)