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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 09, § 2458 (2026)

✓ current as of May 2026
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Subchapter 001 : GENERAL PROVISIONS

(Cite as: 9 V.S.A. § 2458)
Notes of Decisions
Cited in 27 cases (5 in the last 5 years), 1979–2026 · leading case: Town of Milton Bd. of Health v. Armand Brisson, 2016 VT 56 (Vt. 2016).
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Town of Milton Bd. of Health v. Armand Brisson, 2016 VT 56 (Vt. 2016). · cites it 3× “, 9 V.S.A. § 2458(b)(3)-(4) (authorizing court in consumer protection actions, among other things, to order reimbursement for state’s “expenses in investigating and prosecuting the action” and to “offset the costs of providing legal services” from special funds); 9 V.”
State v. Custom Pools, 556 A.2d 72 (Vt. 1988). · cites it 4× “” 9 V.S.A. § 2458(a). In such cases, “the court is authorized to render any other temporary or permanent relief, or both, as may be in the public interest .”
State v. Int'l Collection Serv., Inc., 594 A.2d 426 (Vt. 1991). · cites it 3× “The second is the public enforcement mechanism for the Act, 9 V.S.A. § 2458(a), which provides: Whenever the attorney general or a state’s attorney has reason to believe that any person is using or is about to use any method, act or practice declared by section 2453 of this…”
Fed. Trade Comm'n v. Mylan Labs., Inc., 205 F.R.D. 369 (D.D.C. 2002). “§ 732-204(c); Vt.Stat. Ann. tit. 9, § 2458(b)(2); Va.Code Ann.”
Christie v. Dalmig, Inc., 396 A.2d 1385 (Vt. 1979). · cites it 2× “9 V.S.A. § 2458(b) mandates that the courts of this state be guided by the construction of similar terms contained in the Federal Trade Commission Act.”
Carter v. Gugliuzzi, 716 A.2d 17 (Vt. 1998). “” 9 V.S.A. § 2458(a). To establish a “deceptive act or practice” under the Act requires three elements: (1) there must be a representation, omission, or practice likely to mislead consumers; (2) the consumer must be interpreting the message reasonably under the circumstances;…”
State v. Champlain Cable Corp., 520 A.2d 596 (Vt. 1986). · cites it 2× “Further, a review of the other statutes cited, 9 V.S.A. §§ 2458 and 2461, does not disclose any requirement that the court award attorney’s fees or investigation costs for any action the State might bring thereunder.”
Fed. Trade Comm'n v. Mylan Labs., Inc., 62 F. Supp. 2d 25 (D.D.C. 1999). “” Vt. Stat. Ann. tit. 9 § 2458(b)(2). Defendants’ claim that the State has not alleged that it is a consumer and therefore may not sue for treble damages is denied.”
Gramatan Home Investors Corp. v. Starling, 470 A.2d 1157 (Vt. 1983). “Section 2461 (a) provides for the recovery of a civil penalty, payable to the state, upon petition of the attorney general, against any person who violates the terms of an injunction issued pursuant to 9 V.S.A. § 2458(a). Under this section, the attorney general is empowered to…”
State v. DeLaBruere, 577 A.2d 254 (Vt. 1990). “See 9 V.S.A. §§ 2458(a), (b); 2461(b). There are no criminal penalties.”
IMS Health Inc. v. Sorrell, 631 F. Supp. 2d 434 (D. Vt. 2009). “Vt. Stat. Ann. tit. 9, § 2458 (a). In addition to injunctive relief, the violator is subject to a civil penalty of not more than $10,000 for each violation.”
State v. Therrien, 633 A.2d 272 (Vt. 1993). “The court was within its remedial powers to make such an order that would bring the wells into compliance with modern health standards as of the date defendant obtains appropriate amendments to the Act 250 permit. See 10 V.S.A. § 8221(b)(2) (court may “order remedial actions to…”
Show all 27 citing cases →
— Vt. Stat. Ann. tit. 09, § 2458(a) — 15 cases
State v. Custom Pools, 556 A.2d 72 (Vt. 1988). “” 9 V.S.A. § 2458(a). In such cases, “the court is authorized to render any other temporary or permanent relief, or both, as may be in the public interest .”
State v. Int'l Collection Serv., Inc., 594 A.2d 426 (Vt. 1991). “The second is the public enforcement mechanism for the Act, 9 V.S.A. § 2458(a), which provides: Whenever the attorney general or a state’s attorney has reason to believe that any person is using or is about to use any method, act or practice declared by section 2453 of this…”
Carter v. Gugliuzzi, 716 A.2d 17 (Vt. 1998). “” 9 V.S.A. § 2458(a). To establish a “deceptive act or practice” under the Act requires three elements: (1) there must be a representation, omission, or practice likely to mislead consumers; (2) the consumer must be interpreting the message reasonably under the circumstances;…”
Gramatan Home Investors Corp. v. Starling, 470 A.2d 1157 (Vt. 1983). “Section 2461 (a) provides for the recovery of a civil penalty, payable to the state, upon petition of the attorney general, against any person who violates the terms of an injunction issued pursuant to 9 V.S.A. § 2458(a). Under this section, the attorney general is empowered to…”
State v. DeLaBruere, 577 A.2d 254 (Vt. 1990). “See 9 V.S.A. §§ 2458(a), (b); 2461(b). There are no criminal penalties.”
— Vt. Stat. Ann. tit. 09, § 2458(b) — 4 cases
State v. Custom Pools, 556 A.2d 72 (Vt. 1988). “” 9 V.S.A. § 2458(a). In such cases, “the court is authorized to render any other temporary or permanent relief, or both, as may be in the public interest .”
Christie v. Dalmig, Inc., 396 A.2d 1385 (Vt. 1979). “9 V.S.A. § 2458(b) mandates that the courts of this state be guided by the construction of similar terms contained in the Federal Trade Commission Act.”
State v. Therrien, 633 A.2d 272 (Vt. 1993). “The court was within its remedial powers to make such an order that would bring the wells into compliance with modern health standards as of the date defendant obtains appropriate amendments to the Act 250 permit. See 10 V.S.A. § 8221(b)(2) (court may “order remedial actions to…”
State v. Exxon (Vt. Super. Ct. 2024).
— Vt. Stat. Ann. tit. 09, § 2458(b)(1) — 2 cases
State of Vermont v. R. J. Reynolds Tobacco Co. (Vt. Super. Ct. 2013).
State v. Elec. Media Mktg. Grp., Inc. (Vt. Super. Ct. 2018).
— Vt. Stat. Ann. tit. 09, § 2458(b)(2) — 4 cases
Fed. Trade Comm'n v. Mylan Labs., Inc., 205 F.R.D. 369 (D.D.C. 2002). “§ 732-204(c); Vt.Stat. Ann. tit. 9, § 2458(b)(2); Va.Code Ann.”
Fed. Trade Comm'n v. Mylan Labs., Inc., 62 F. Supp. 2d 25 (D.D.C. 1999). “” Vt. Stat. Ann. tit. 9 § 2458(b)(2). Defendants’ claim that the State has not alleged that it is a consumer and therefore may not sue for treble damages is denied.”
State v. Int'l Collection Serv., Inc., 594 A.2d 426 (Vt. 1991). “The second is the public enforcement mechanism for the Act, 9 V.S.A. § 2458(a), which provides: Whenever the attorney general or a state’s attorney has reason to believe that any person is using or is about to use any method, act or practice declared by section 2453 of this…”
State of Vermont v. R. J. Reynolds Tobacco Co. (Vt. Super. Ct. 2013).
— Vt. Stat. Ann. tit. 09, § 2458(b)(3) — 2 cases
Town of Milton Bd. of Health v. Armand Brisson, 2016 VT 56 (Vt. 2016). “, 9 V.S.A. § 2458(b)(3)-(4) (authorizing court in consumer protection actions, among other things, to order reimbursement for state’s “expenses in investigating and prosecuting the action” and to “offset the costs of providing legal services” from special funds); 9 V.”
State of Vermont v. R. J. Reynolds Tobacco Co. (Vt. Super. Ct. 2013).
— Vt. Stat. Ann. tit. 09, § 2458(c) — 1 case
Christie v. Dalmig, Inc., 396 A.2d 1385 (Vt. 1979). “9 V.S.A. § 2458(b) mandates that the courts of this state be guided by the construction of similar terms contained in the Federal Trade Commission Act.”
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