§2451a. Definitions

Link to law: http://legislature.vermont.gov/statutes/section/09/063/02451a
Published: 2015

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The Vermont Statutes Online



Title

09

:
Commerce and Trade






Chapter

063

:
CONSUMER PROTECTION






Subchapter

001
:
GENERAL PROVISIONS










 

§

2451a. Definitions

As used in 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 maintenance upon the

consumer's personal property. If in the course of such a visit, the seller

sells the consumer the right to receive additional services or goods other than

replacement parts necessarily used in performing the maintenance or in making

the repairs, the sale of those additional goods or services would not fall

within this exclusion;

(3) conducted

and consummated entirely by mail; and without any other contact between the

consumer and the seller prior to delivery of the goods or performance of the

services;

(4) with a

purchase price of under $25.00 where the consumer is not required to sign any

contract, receipt, sales ticket, evidence of indebtedness or other writing; and

the goods, services, or merchandise purchased are capable of delivery or

performance at one time;

(5) pertaining

to the sale or rental of real property, to the sale of insurance, to the sale

of securities by a broker dealer registered with the Securities and Exchange

Commission, or to the sale of commodities by and any person registered with the

Commodity Futures Trading Commission;

(6) where, in

the case of goods, the buyer may at any time:

(A)(i) cancel

the order prior to delivery of the goods and receive a full refund for any

monies paid; or

(ii) refuse to accept

the goods when delivered, without incurring any obligation to pay for them and

receive a full refund for any monies paid; or

(iii) return the

goods to the seller and receive a full refund for any monies paid; and

(B) the buyer's

right to cancel the order or return the goods without obligation or charge at

any time and receive a full refund for any monies paid is clearly and

unmistakably set forth on the face or reverse side of the sales ticket; and

(C) the goods or

merchandise purchased under an agreement meeting the requirements specified in

subdivisions (A) and (B) of this subdivision are capable of delivery at one

time;

(7) solicited or

consummated wholly or in part by telephone where the seller offers a full

refund and right of cancellation for at least ten days after receipt of the

goods or services, and a full refund within 30 days of return of the goods or

cancellation of the services or under terms no more restrictive than those set

forth in subsections 2454(a), (c), and (d) of this chapter, and the right of

refund and cancellation is conspicuously disclosed with the goods or services;

(8) solicited or

consummated wholly or in part by a federally insured depository institution or

its subsidiary, affiliate, or parent organizations, or by a public utility

regulated by the Federal Communications Commission or the Vermont Public

Service Board;

(9) in response

to an order placed by a farmer for farm-related goods or services, whether in

person, by telephone, or otherwise, and the farmer has a preexisting open end

credit plan with the seller.

(e)

"Business day" means any calendar day except Saturday, Sunday, or any

day classified as a holiday under 1 V.S.A. § 371.

(f)

"Purchase price" means the total price paid or to be paid for the

consumer goods or services, including all interest and service charges.

(g)

"Lessor" means a person engaged in a business of leasing goods to

consumers.

(h)

"Collusion" means an agreement, contract, combination in the form of

trusts or otherwise, or conspiracy to engage in price fixing, bid rigging, or

market division or allocation of goods or services between or among persons.

(Added 1973, No. 221 (Adj. Sess.), § 3, eff. June 7, 1974; amended 1985, No.

34, § 1; 1985, No. 61; 1993, No. 99, § 3; 1995, No. 23, § 1; 1997, No. 42, § 1;

2001, No. 42, § 2; 2011, No. 168 (Adj. Sess.), § 3, eff. May 18, 2012.)
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