Vermont Statutes Annotated
Vt. Stat. Ann. tit. 09, § 2453 (2026)
Practices prohibited; antitrust and consumer protection
✓ current as of May 2026
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Subchapter 001 : GENERAL PROVISIONS
(Cite as: 9 V.S.A. § 2453)-
§ 2453. Practices prohibited; antitrust and consumer protection
(a) Unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce are hereby declared unlawful.
(b) It is the intent of the Legislature that in construing subsection (a) of this section, 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 as from time to time amended by the Federal Trade Commission and the courts of the United States.
(c) The Attorney General shall adopt rules, when necessary and proper to carry out the purposes of this chapter, relating to unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce. The rules shall not be inconsistent with the rules, regulations, and decisions of the Federal Trade Commission and the federal courts interpreting the Federal Trade Commission Act.
(d) Violation of a rule adopted by the Attorney General is prima facie proof of the commission of an unfair or deceptive act in commerce.
(e) The provisions of subsections (a), (c), and (d) of this section shall also be applicable to real estate transactions. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 8, eff. April 4, 1969; 1969, No. 278 (Adj. Sess.); 1973, No. 221 (Adj. Sess.), § 1, eff. June 7, 1974; 1999, No. 65 (Adj. Sess.), § 2; 2011, No. 109 (Adj. Sess.), § 2, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1a, eff. May 18, 2012; 2017, No. 74, § 13.)
Notes of Decisions
Cited in 176
cases (47 in the last 5 years), 1972–2026 · leading case: Dernier v. Mortg. Network, Inc., 2013 VT 96, 87 A.3d 465.
Dernier v. Mortg. Network, Inc., 2013 VT 96, 87 A.3d 465. “§ 2461(b), plaintiffs focus on the first requirement — that the act itself must be either “unfair” or “deceptive” so as to be rendered illegal by 9 V.S.A. § 2453, to which § 2461 refers. “Unfair” acts and “deceptive” acts each have their own tests that we have defined through…”
Elkins v. Microsoft Corp., 817 A.2d 9 (Vt. 2002). “The central provision of the VCFA is 9 V.S.A. § 2453(a), which provides: (a) Unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce, are hereby declared unlawful.”
Poulin v. Ford Motor Co., 513 A.2d 1168 (Vt. 1986). “The complaint alleged violations of express and implied warranties, intentional misrepresentation and violation of the Consumer Fraud Act, 9 V.S.A. § 2453. After trial, the jury awarded the plaintiff $40,000.”
Jordan v. Nissan North Am., Inc., 2004 VT 27, 853 A.2d 40. “on plaintiffs’ claims under Vermont’s Consumer Fraud Act, 9 V.S.A. § 2453(a). Plaintiffs allege that defendants violated the Act by representing a Nissan Quest as an import when the minivan was actually assembled in the United States.”
Bruntaeger v. Zeller, 515 A.2d 123 (Vt. 1986). “After a bench trial, the court found that the sale was a home solicitation sale, and that defendant’s failure to provide plaintiff with a written notice of her cancellation rights violated 9 V.S.A. § 2453. The court found that plaintiff had rejected nonconforming goods and…”
Bisson v. Ward, 628 A.2d 1256 (Vt. 1993). “§ 2453]” to bring suit against the violator and recover damages, reasonable attorney’s fees, and “exemplary damages not exceeding three times the value of the consideration given by the consumer.” 9 V.S.A. § 2461(b). “Consumer” is defined by the Act as: any person who purchases,…”
Russell v. Atkins, 679 A.2d 333 (Vt. 1996). “amended by the Federal Trade Commission and the courts of the United States.”
State v. Int'l Collection Serv., Inc., 594 A.2d 426 (Vt. 1991). “First, the basic prohibition of the Act is contained in 9 V.S.A. § 2453(a), which provides that “[ujnfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce, are hereby declared unlawful.”
People Ex Rel. Harris v. Pac Anchor Transp., Inc., 329 P.3d 180 (Cal. 2014). “§ 56:8-2 [prohibiting fraud and deceptive trade practices]; Vt. Stat. Ann. tit. 9, § 2453 [prohibiting unfair trade practices in commerce]; Wis.”
Peabody v. P.J.'s Auto Vill., Inc., 569 A.2d 460 (Vt. 1989). “She lost her *56 suit for damages under Vermont’s Consumer Fraud Act, 9 V.S.A. § 2453(a), resulting from P.J.’s sale to her of the front of a 1974 Saab welded to the back of a 1972 Saab, known-in the trade as a “clipped” vehicle.”
State v. Custom Pools, 556 A.2d 72 (Vt. 1988). “At trial, Custom defaulted, and the trial court sitting without a jury found that the mortgage transactions of Custom were unfair and deceptive business transactions. Accordingly, judgment was entered against Custom.”
Wilder v. Aetna Life & Cas. Ins., 433 A.2d 309 (Vt. 1981). “00 set-off against the settlement amount, because it mistakenly paid plaintiffs’ guardian that amount in addition to the $20,000 settlement reached with the guardian for her own injuries. Plaintiffs alleged that the refusal to pay was an unfair insurance practice, 8 V.”
Vt. Stat. Ann. tit. 09, § 2453(a): 107 cases
Jordan v. Nissan North Am., Inc., 2004 VT 27, 853 A.2d 40. “on plaintiffs’ claims under Vermont’s Consumer Fraud Act, 9 V.S.A. § 2453(a). Plaintiffs allege that defendants violated the Act by representing a Nissan Quest as an import when the minivan was actually assembled in the United States.”
Bruntaeger v. Zeller, 515 A.2d 123 (Vt. 1986). “After a bench trial, the court found that the sale was a home solicitation sale, and that defendant’s failure to provide plaintiff with a written notice of her cancellation rights violated 9 V.S.A. § 2453. The court found that plaintiff had rejected nonconforming goods and…”
In re Generic Pharm. Pricing Antitrust Litig., 368 F. Supp. 3d 814 (E.D. Pa. 2019).
Elkins v. Microsoft Corp., 817 A.2d 9 (Vt. 2002). “The central provision of the VCFA is 9 V.S.A. § 2453(a), which provides: (a) Unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce, are hereby declared unlawful.”
Poulin v. Ford Motor Co., 513 A.2d 1168 (Vt. 1986). “The complaint alleged violations of express and implied warranties, intentional misrepresentation and violation of the Consumer Fraud Act, 9 V.S.A. § 2453. After trial, the jury awarded the plaintiff $40,000.”
Vt. Stat. Ann. tit. 09, § 2453(b): 23 cases
State v. Howe Cleaners, Inc., 2010 VT 70, 9 A.3d 276.
Elkins v. Microsoft Corp., 817 A.2d 9 (Vt. 2002). “The central provision of the VCFA is 9 V.S.A. § 2453(a), which provides: (a) Unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce, are hereby declared unlawful.”
In re Relafen Antitrust Litig., 221 F.R.D. 260 (D. Mass. 2004).
State v. Int'l Collection Serv., Inc., 594 A.2d 426 (Vt. 1991). “First, the basic prohibition of the Act is contained in 9 V.S.A. § 2453(a), which provides that “[ujnfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce, are hereby declared unlawful.”
Carter v. Gugliuzzi, 716 A.2d 17 (Vt. 1998).
Vt. Stat. Ann. tit. 09, § 2453(c): 5 cases
Elkins v. Microsoft Corp., 817 A.2d 9 (Vt. 2002). “The central provision of the VCFA is 9 V.S.A. § 2453(a), which provides: (a) Unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce, are hereby declared unlawful.”
Hershenson v. Lake Champlain Motors, Inc., 424 A.2d 1075 (Vt. 1981).
Giancola v. Boyd, No. 24-cv-3073 (Vt. Super. Ct. Dec. 16, 2024).
Mears v. Avm Builder Supply, No. 25-cv-4368 (Vt. Super. Ct. June 24, 2026).
Banknorth, N.A. v. Littlefield, No. S0273 (Vt. Super. Ct. Sept. 1, 2005).
Vt. Stat. Ann. tit. 09, § 2453(d): 3 cases
Turner v. Baxley, 354 F. Supp. 963 (D. Vt. 1972).
Giancola v. Boyd, No. 24-cv-3073 (Vt. Super. Ct. Dec. 16, 2024).
Mears v. Avm Builder Supply, No. 25-cv-4368 (Vt. Super. Ct. June 24, 2026).
Vt. Stat. Ann. tit. 09, § 2453(e): 4 cases
PH West Dover Prop., LLC. v. Lalancette Engineers, 2015 VT 48, 120 A.3d 1135.
Turner v. Baxley, 354 F. Supp. 963 (D. Vt. 1972).
PH West Dover Prop., LLC., Frankenberg & Fredreck v. Lalancette Engineers, Lalancette & Barbara Walowit Realty, Inc., 199 Vt. 1 (Vt. 2015).
Edstrom v. Marshall, No. 21-cv-3746 (Vt. Super. Ct. Oct. 3, 2024).
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