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The Vermont Statutes Online



Title

09

:
Commerce and Trade






Chapter

063

:
CONSUMER PROTECTION






Subchapter

004
:
PREVENTION OF CREDIT CARD COMPANY UNFAIR BUSINESS PRACTICES










 

§

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 which 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.)