§ 10206. Lead solicitations

(a) As used in this section, “consumer” means a natural person residing in this State.

(b) A person shall not use the name, trade name, or trademark of any financial institution in any written or oral advertisement or solicitation to a specifically identified consumer, or that contains specific information on the account or loan of a specifically identified consumer, for products or services, without the express written consent of the financial institution.

(c) A person shall not include a loan number, loan amount, or any other specific loan information that is publicly available and relative to a specifically identified consumer in any written or oral solicitation for products or services unless the solicitation clearly and conspicuously states on the front page of the correspondence in bold-face type and in a type size at least equal to the body of the correspondence:

(1) that the person is not affiliated with or sponsored by the financial institution;

(2) that the solicitation is not authorized by the financial institution;

(3) that the financial institution has not supplied the person with any loan information or personal or financial information referenced in the solicitation; and

(4) the name, address, and telephone number of the person who paid for the solicitation.

(d) The statements required by subsection (c) of this section shall also be given at the time of any oral solicitation to a specifically identified consumer.

(e) In addition to any other authority provided elsewhere, the Commissioner may enforce violations of this section against any person and may impose penalties as set forth in sections 2110 and 2115 of this title; may recover costs and attorney’s fees, including court costs; may order any person to cease violating this section; and may take such other actions as the Commissioner deems necessary and appropriate. All administrative proceedings shall be conducted in accordance with 3 Vt. Stat. Ann. chapter 25 and any rules adopted by the Commissioner on hearing procedures.

(f) A financial institution that has had its name, trade name, or trademark misrepresented in a solicitation in violation of this section may, in addition to any other remedy provided by law, bring an action in Superior Court in the county of its primary place of business or, if its primary place of business is located outside Vermont, in Washington Superior Court. The court shall award damages for each violation in the amount of actual damages demonstrated by the financial institution or $5,000.00, whichever is greater. In any successful action for injunctive relief or for damages, the court shall award the financial institution reasonable attorney’s fees and costs, including court costs.

(g) A person’s failure to comply with the requirements of this section shall constitute an unfair and deceptive act in commerce enforceable under 9 Vt. Stat. Ann. chapter 63.

(h) For purposes of this section, each solicitation sent to each consumer constitutes a separate violation. (Added 2009, No. 100 (Adj. Sess.), § 1; amended 2019, No. 20, § 100.)