Vermont Statutes Title 9 Sec. 2470dd
Terms Used In Vermont Statutes Title 9 Sec. 2470dd
- 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
- 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
- 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
§ 2470dd. Periodic notices
(a) A person who periodically charges a consumer for a third-party discount membership program shall send the consumer a notice of the charge no less frequently than every three months from the date of initial enrollment that clearly and conspicuously discloses:
(1) a description of the program;
(2) the name of the third-party discount membership program and the name and address of the seller of the program;
(3) the cost of the program, including the amount of any periodic charges, how often such charges are imposed, and the method of payment;
(4) 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 number and e-mail address that can be used to cancel the membership; and
(5) the maximum length of membership, as described in section 2470ff of this subchapter.
(b) The notice specified in subsection (a) of this section:
(1) shall be sent:
(A) to the consumer’s last known e-mail address, if the consumer enrolled in the third-party discount membership program online or by e-mail, with the subject line, “IMPORTANT INFORMATION ABOUT YOUR DISCOUNT PROGRAM BILLING,” or substantially similar words, provided that the sender takes reasonable steps to verify that the e-mail has been opened; or
(B) otherwise by first-class mail to the consumer’s last known mailing address, with the heading on the enclosure and outside envelope, “IMPORTANT INFORMATION ABOUT YOUR DISCOUNT PROGRAM BILLING,” or substantially similar words; and
(2) shall not include any solicitation or advertising. (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 128 (Adj. Sess.), § E.1.)