Vermont Statutes Title 9 Sec. 2470cc
Terms Used In Vermont Statutes Title 9 Sec. 2470cc
- billing information: includes the full account number and routing number and, if necessary, the name of the financial institution holding the account. See
- Consumer: means 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 the person's trade or business but for the person's use or benefit or the use or benefit of a member of the person's household, or in connection with the operation of the person's household or a farm whether or not the farm is conducted as a trade or business, or 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 the person's trade or business but for the use or benefit of the person's business or in connection with the operation of the person's business. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Seller: means a person regularly and principally engaged in a business of selling goods or services to consumers. See
- services: shall include any objects, wares, goods, commodities, work, labor, intangibles, courses of instruction or training, securities, bonds, debentures, stocks, real estate, or other property or services of any kind. See
- third-party discount membership program: is a program that entitles consumers to receive discounts, rebates, rewards, or similar incentives on the purchase of goods or services or both, in whole or in part, from any third party. See
§ 2470cc. Required disclosures; consent
(a) No person shall charge or attempt to charge a consumer for a third-party discount membership program, or to renew a third-party discount membership program beyond the term expressly agreed to by the consumer or the term permitted under section 2470ff of this title, whichever is shorter, unless:
(1) before obtaining the consumer’s billing information, the person has clearly and conspicuously disclosed to the consumer all material terms of the transaction, including:
(A) a description of the types of goods and services on which a discount is available;
(B) the name of the third-party discount membership program, the name and address of the seller of the program, and a telephone number, e-mail address, or other contact information the consumer may use to contact the seller with questions concerning the operation of the program;
(C) the amount or a good faith estimate of the typical discount on each category of goods and services;
(D) the cost of the program, including the amount of any periodic charges, how often such charges are imposed, and the method of payment;
(E) the right to cancel and to terminate the program, which shall be no more restrictive than as required by section 2470ee of this subchapter, and a toll-free telephone number and e-mail address that can be used to cancel the membership;
(F) the maximum length of membership, as described in section 2470ff of this subchapter;
(G) in the event that the program is offered on the Internet through a link or referral from another business’s website, the fact that the seller is not affiliated with that business; and
(H) the fact that periodic notices of the program billings will be e-mailed or mailed to the consumer, as the case may be, consistent with section 2470dd of this title; and
(2) the person has received express informed consent for the charge from the consumer whose credit or debit card, bank, or other account will be charged, by:
(A) obtaining from the consumer:
(i) the consumer’s billing information; and
(ii) the consumer’s name and address and a means to contact the consumer; and
(B) requiring the consumer to perform an additional affirmative action, such as clicking on an online confirmation button, checking an online box that indicates the consumer’s consent to be charged the amount disclosed, or expressly giving consent over the telephone.
(b) A person who sells third-party discount membership programs shall retain evidence of a consumer’s express informed consent for at least three years after the consent is given.
(c) A person who sells a third-party discount membership program shall provide to a consumer on the receipt for the underlying good or service:
(1) confirmation that the consumer has signed up for a discount membership program;
(2) the price the consumer will be charged for the program;
(3) the date on which the consumer will first be charged for the program;
(4) the frequency of charges for the program; and
(5) information concerning the consumer’s right to cancel the program and a toll-free telephone number, address, and e-mail address a consumer may use to cancel the program. (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 128 (Adj. Sess.), § E.1.)