Vermont. Statutory Language

Vermont Statute 49-17

VERMONT STATUTE

CONSUMER FRAUD ACT

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. §§ 2451 to 2465

§ 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.

§ 2451a. Definitions

For the purposes of this chapter:

(a) “Consumer” means any person who purchases, leases, contracts for, or

otherwise agrees to pay consideration for goods or services not for resale in the

ordinary course of his or her trade or business but for his or her use or benefit or the

use or benefit of a member of his or her household, or in connection with the

operation of his or her household or a farm whether or not the farm is conducted as a

trade or business, or a person who purchases, leases, contracts for, or otherwise

agrees to pay consideration for goods or services not for resale in the ordinary course

of his or her trade or business but for the use or benefit of his or her business or in

connection with the operation of his or her business.

(b) “Goods” or “services” shall include any objects, wares, goods,

commodities, work, labor, intangibles, courses of instruction or training, securities,

bonds, debentures, stocks, real estate, or other property or services of any kind. The

term also includes bottled liquified petroleum (LP or propane) gas.

(c) “Seller” means a person regularly and principally engaged in a business of

selling goods or services to consumers.

(d) “Home solicitation sale” means the sale or lease, or the offer for sale or

lease, of goods or services with a purchase price of $5.00 or more, whether under

single or multiple contracts, where the sale, lease, or offer thereof is either personally

solicited or consummated by a seller at the residence or place of business or

employment of the consumer, or at a seller’s transient quarters, or solicited or

consummated by a seller wholly or in part by telephone with a consumer at the

residence or place of business or employment of the consumer. Transient quarters

includes hotel or motel rooms, or any other place utilized as a temporary business

location. The term “home solicitation sale” does not include a transaction:

(1) made pursuant to prior negotiations in the course of a visit by the

consumer to a retail business establishment having a fixed permanent location where

the goods are exhibited or the services are offered for sale on a continuing basis; or

(2) in which the consumer has initiated the contact and specifically

requested the seller to visit his home for the purpose of repairing or performing