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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.)