Vermont: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

yes

9 V.S.A. § 2461

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

Actual damages

Recovery for the loss a person actually suffered.

the amount of his or her damages, or the consideration or the value of the consideration given by the consumer

9 V.S.A. § 2461

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

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

exemplary damages not exceeding three times the value of the consideration given by the consumer

9 V.S.A. § 2461

reasonable attorney’s fees, and exemplary damages not exceeding three times the value of the consideration given by the consumer

Attorney fees

Rules for recovering the cost of legal representation.

recoverable by consumer; reasonable attorney's fees

9 V.S.A. § 2461

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

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

Not found in the statute text reviewed

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

courts of this State will be guided by the construction of similar terms contained in Section 5(a)(1) of the Federal Trade Commission Act

9 V.S.A. § 2453

the courts of this State will be guided by the construction of similar terms contained in Section 5(a)(1) of the Federal Trade Commission Act

Time limit for a claim

The period in which an action must be brought.

Not found in the statute text reviewed

Injunctive relief

Court orders requiring conduct to stop or change.

Attorney General or State's Attorney may bring action to restrain by temporary or permanent injunction; consumer may sue for appropriate equitable relief

9 V.S.A. § 2458

may bring an action in the name of the State against such person to restrain by temporary or permanent injunction the use of such method, act, or practice

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

not more than $10,000.00 for each unfair or deceptive act or practice in commerce; not more than $100,000.00 for an individual or $1,000,000.00 for any other person for each unfair method of competition

9 V.S.A. § 2458

the imposition of a civil penalty of not more than $10,000.00 for each unfair or deceptive act or practice in commerce