§2461. Civil penalty

Link to law: http://legislature.vermont.gov/statutes/section/09/063/02461
Published: 2015

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The Vermont Statutes Online



Title

09

:
Commerce and Trade






Chapter

063

:
CONSUMER PROTECTION






Subchapter

001
:
GENERAL PROVISIONS










 

§

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, which 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.)
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