(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, that
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.)
Bruntaeger v. Zeller, 515 A.2d 123 (Vt. 1986). · cites it 6דWe did not address in that case whether a showing of a statutory violation mandates an award of exemplary damages.”
Dernier v. Mortg. Network, Inc., 87 A.3d 465 (Vt. 2013). · cites it 4דIn bringing a private consumer fraud action under 9 V.S.A. § 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.”
In Re New Motor Vehs. Canadian Exp. Antitrust Litig., 350 F. Supp. 2d 160 (D. Me. 2004). · cites it 3ד” Vt. Stat. Ann. tit. 9, § 2453 (a). It authorizes a private cause of action by “any consumer who contracts for goods or services in reliance upon .”
Gramatan Home Investors Corp. v. Starling, 470 A.2d 1157 (Vt. 1983). · cites it 5דIn their cross-appeals, defendants aver that the superior court erred in not awarding them civil penalties and reasonable attorney’s fees as provided for in 9 V.S.A. § 2461 of the Vermont Consumer Fraud Act.”
L'esperance v. Benware, 2003 VT 43 (Vt. 2003). · cites it 2דSee 9 V.S.A. § 2461(b) (“consumer ... may sue and recover from the.”
Tracker Marine, L.P. v. Ogle, 108 S.W.3d 349 (Tex. App. 2003). · cites it 2ד2d 712, 714 (1999) (requiring causal connection to or reliance on alleged misrepresentations); Vermont: Vt. Stat. Ann. tit. 9, § 2461 (b); Texas: Tex.”
Bellwether Cmty. Credit Union v. Chipotle Mexican Grill, Inc., 353 F. Supp. 3d 1070 (D. Colo. 2018). · cites it 2ד" Vt. Stat. Ann. tit. 9, § 2461 (b). The VCFA defines "consumer" as, among other things, a person who purchases, leases, contracts for, or otherwise agrees to pay consideration for goods or services not for resale in the ordinary course of his or her trade or business but for…”
Bisson v. Ward, 628 A.2d 1256 (Vt. 1993). · cites it 3ד” 9 V.S.A. § 2461(b). “Consumer” is defined by the Act as: any person who purchases, leases, contracts for, or’otherwise agrees to pay consideration for goods or services not for resale in the ordinary course of his trade or business but for his use or benefit or the use or…”
Gingras v. Think Fin., Inc., 922 F.3d 112 (2d Cir. 2019). “Absent this mechanism for a state to enforce its laws against out-of-state tribal officials, the state and its citizens would seemingly be without recourse.”
Wilder v. Aetna Life & Cas. Ins., 433 A.2d 309 (Vt. 1981). · cites it 3דPlaintiffs alleged that the refusal to pay was an unfair insurance practice, 8 V.S.A. §§ 4728, 4724, and constituted deceptive and false practice in commerce, 9 V.”
DeYoung v. Ruggerio, 2009 VT 9 (Vt. 2009). · cites it 3דThe withdrawal occurred after plaintiffs’ counsel concluded that the court would rule against plaintiffs on an issue involving the construction of the punitive-damages provision of the CFA, 9 V.S.A. § 2461(b). The anticipated ruling is described in greater detail in ¶¶ 38-39,…”
Poulin v. Ford Motor Co., 513 A.2d 1168 (Vt. 1986). · cites it 3דA. § 2461(a) requires intentional or willful conduct.”
Bruntaeger v. Zeller, 515 A.2d 123 (Vt. 1986). “We did not address in that case whether a showing of a statutory violation mandates an award of exemplary damages.”
Dernier v. Mortg. Network, Inc., 87 A.3d 465 (Vt. 2013). “In bringing a private consumer fraud action under 9 V.S.A. § 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.”
L'esperance v. Benware, 2003 VT 43 (Vt. 2003). “See 9 V.S.A. § 2461(b) (“consumer ... may sue and recover from the.”
Bisson v. Ward, 628 A.2d 1256 (Vt. 1993). “” 9 V.S.A. § 2461(b). “Consumer” is defined by the Act as: any person who purchases, leases, contracts for, or’otherwise agrees to pay consideration for goods or services not for resale in the ordinary course of his trade or business but for his use or benefit or the use or…”
DeYoung v. Ruggerio, 2009 VT 9 (Vt. 2009). “The withdrawal occurred after plaintiffs’ counsel concluded that the court would rule against plaintiffs on an issue involving the construction of the punitive-damages provision of the CFA, 9 V.S.A. § 2461(b). The anticipated ruling is described in greater detail in ¶¶ 38-39,…”
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