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The Vermont Statutes Online
Title
08
:
Banking and Insurance
Chapter
083
:
DEBT ADJUSTERS
§
2764. Penalties
(a) Any person,
partnership, association, or corporation and the several members, officers,
directors, agents, and employees thereof, who shall violate or participate in
the violation of any of the provisions of this chapter, shall be imprisoned not
more than two years or fined not more than $1,500.00, or both.
(b) The
Commissioner may impose an administrative penalty of not more than $1,500.00
per violation upon any person who violates any provision of this chapter, plus
the State's costs and expenses for the investigation and prosecution of the
matter, including attorney's fees.
(c) The
Commissioner may order any person to make restitution to any person as a result
of a violation of this chapter. Additionally, a consumer may bring a private
action against such licensee, or such person that should have been licensed
under this chapter, for restitution because of a violation of this chapter.
(d) The powers
vested in the Commissioner by this chapter shall be in addition to any other
powers of the Commissioner to enforce any penalties, fines, or forfeitures
authorized by law.
(e) The powers
vested in the Commissioner by this chapter shall be in addition to any other
powers or rights of consumers or the Attorney General or others under any other
applicable law or rule, including without limitation the Vermont Consumer
Protection Act and any applicable rules issued in connection therewith,
provided that the Commissioner's determinations concerning the interpretation
and administration of the provisions of this chapter and any rules adopted
thereunder shall carry a presumption of validity. (Added 1969, No. 204 (Adj.
Sess.), eff. March 23, 1970; amended 1995, No. 167 (Adj. Sess.), § 21; 2003,
No. 81 (Adj. Sess.), § 1; 2009, No. 137 (Adj. Sess.), § 3; 2011, No. 109 (Adj.
Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18,
2012.)