Sections
Subchapter 1 General Provisions 2451 – 2466c
Subchapter 1A Assistive Technology 2467 – 2470
Subchapter 1B Children's Product Safety 2470a – 2470d
Subchapter 1C Lead in Consumer Products 2470e – 2470l
Subchapter 1D Third-Party Discount Membership Programs 2470aa – 2470hh
Subchapter 1E Add-On Discount Membership Programs 2470ii – 2470nn
Subchapter 2 Charitable Solicitations 2471 – 2479
Subchapter 2A Musical Performances 2479a
Subchapter 3 Fair Credit Reporting 2480a – 2480n
Subchapter 4 Prevention of Credit Card Company Unfair Business Practices 2480o – 2480
Subchapter 5 Transfers of Structured Settlements 2480aa – 2480gg
Subchapter 6 Cause-Related Marketing 2481a – 2481d
Subchapter 7 Unlicensed Loan Transactions 2481w – 2481x
Subchapter 8 Internet Dating Services 2482a – 2482d
Subchapter 9 Credit Card Terminal Finance Leases 2482h – 2482j
Subchapter 10 Credit Protection for Minors 2483 – 2483b

Terms Used In Vermont Statutes > Title 9 > Chapter 63 - Consumer Protection

  • Accepted credit card: means any credit card which the cardholder has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, services, or payment of delinquent taxes on credit, and also the term includes a credit card issued in replacement or renewal of an accepted credit card. See
  • add-on 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, sold to a consumer during the purchase of a different good or service using the same billing information. See
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • agency: means a person who, for fees, dues, or on a cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a credit report to another person. See
  • Agreement: is a ny written agreement between a petroleum supplier and a gasoline dealer under which the gasoline dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the supplier. See
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Antique: means an item, other than an item of jewelry, and including a collectible coin, that is:

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistive device: means an item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve any functional capability of an individual with disabilities. See
  • Assistive device dealer: means a person who is in the business of selling assistive devices to consumers. See
  • Assistive device lessor: means a person who leases an assistive device to a consumer, or who holds the lessor's rights, under a written lease. See
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • biennially: shall mean the year in which a regular session of the General Assembly is held. See
  • billing information: includes the full account number and routing number, and, if necessary, the name of the financial institution holding the account. See
  • billing information: includes the full account number and routing number, and, if necessary, the name of the financial institution holding the account. See
  • Billing period: means the period agreed to by the parties or, in the absence of an agreement, the calendar month within which work is performed. See
  • Board: means , unless otherwise indicated, the Vermont Motor Vehicle Arbitration Board. See
  • Board: means the Transportation Board as established in 19 V. See
  • Business day: means any calendar day except Saturday, Sunday, or any day classified as a holiday under 1 V. See
  • Card issuer: means any person who issues a credit card. See
  • Cardholder: means any person to whom a credit card is issued and any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person. See
  • Chambers: A judge's office.
  • Charitable: means related to a charitable purpose. See
  • Charitable organization: means any organization which is or holds itself out to be furthering any charitable purpose. See
  • Charitable purpose: means any benevolent, educational, philanthropic, humane, patriotic, social welfare, advocacy, public health, environmental conservation, or civic objective or any objective of law enforcement officers, firefighters, or other persons who protect the public safety. See
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Coerce: means the failure to act in a fair and equitable manner in performing or complying with any terms or provisions of a franchise or agreement; provided, however, that recommendation, persuasion, urging, or argument shall not be synonymous with coerce or lack of good faith. See
  • Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive device. See
  • Collusion: means an agreement, contract, combination in the form of trusts or otherwise, or conspiracy to engage in price fixing, bid rigging, or market division or allocation of goods or services between or among persons. See
  • Commission: means the Commission on International Trade and State Sovereignty established in 3 V. See
  • Commissioner: means the Commissioner of Public Service or the Commissioner's designee. See
  • Commissioner: means the Commissioner of Public Service or the Commissioner's designee. See
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction contract: means any agreement, whether written or oral, to perform work on any real property located within the State of Vermont. 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 his or her trade or business but for his or her use or benefit or the use or benefit of a member of his or her household, or in connection with the operation of his or her 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 his or her trade or business but for the use or benefit of his or her business or in connection with the operation of his or her business. See
  • Consumer: means the purchaser, other than for purposes of resale of a new motor vehicle or lessee of a new motor vehicle, other than for the purposes of sub-lease, which has not been previously leased by another person, any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty, but "consumer" shall not include any governmental entity or any business or commercial enterprise which registers or leases three or more motor vehicles. See
  • Consumer: means any of the following:

  • Consumer: means a natural person other than a protected consumer. See
  • Consumer who is subject to a protected consumer security freeze: means a natural person:

  • Contractor: means a person or entity which contracts with an owner to perform work, or provide materials or machinery necessary to perform work on real property. See
  • Contribution: means the grant, promise, or pledge of money, credit, financial assistance, or other goods or services in part or in whole for a charitable purpose. See
  • Contributor: means a person who makes a contribution. See
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit card: means any instrument, whether known as credit card, credit plate, charge plate, or any other name, which purports to evidence an undertaking to pay for property, labor, services, or delinquent taxes paid, delivered, or rendered to or upon the order of persons designated or otherwise authorized as bearers of such card, and includes bank credit cards as defined in 8 V. See
  • credit card terminal: means physical equipment used at the point of sale to accept payment by a payment card, including a credit card, debit card, EBT card, prepaid card, or gift card. See
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit report: means any written, oral, or other communication of any information by a credit reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, including an investigative credit report. See
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Criminal history record: means all information documenting a natural person's contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision. See
  • customer: means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, or form or who causes or caused a molder to use a die, mold, or form to manufacture, assemble, or otherwise make a product or products. See
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person who is not a petroleum supplier engaged in the retail sale of gasoline to the motoring public in the State under agreements entered into with a petroleum supplier. See
  • Dealer: means a person primarily engaged in the business of retail sales of inventory. See
  • Dealer agreement: means a written or oral agreement between a dealer and a supplier by which the supplier gives the dealer the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol. See
  • Dealership facilities: means the real estate, buildings, fixtures, and improvements which have been devoted to the conduct of business under the franchise by the new motor vehicle dealer. See
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delivery: means receipt by addressee, including first class, registered, or certified mail, hand delivered or transmitted by facsimile machine. See
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated family member: means the spouse, child, grandchild, parent, brother, or sister of the owner of a new motor vehicle dealer who, in the case of the owner's death, is entitled to inherit the ownership interest in the new motor vehicle dealer under the terms of the owner's will, or who has been nominated in any other written instrument, or who, in the case of an incapacitated owner of a new motor vehicle dealer, has been appointed by a court as the legal representative of the new motor vehicle dealer's property. See
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disqualifying offense: means :

  • Distributor: means any person, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new motor vehicle to new motor vehicle dealers or who maintains factory representatives or who controls any person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new motor vehicle to new motor vehicle dealers; and

  • Docket: A log containing brief entries of court proceedings.
  • Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
  • Early termination cost: means any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to this section. See
  • Early termination saving: means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before that termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to this section. See
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic payment system: means an entity that directly or through licensed members, processors, or agents provides the proprietary services, infrastructure, and software that route information and data to facilitate transaction authorization, clearance, and settlement, and that merchants are required to access in order to accept a specific brand of general-purpose credit cards, charge cards, debit cards, or stored-value cards as payment for goods and services. See
  • Engaged in the business of purchasing or selling precious metal: means conducting a regular course of trade in precious metal with retail buyers or sellers, and does not include:

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Express warranty: means express warranties as defined in the Uniform Commercial Code, 9A V. See
  • facility: means any facility or terminal with a capacity of 50,000 gallons or more which receives petroleum products by ship, barge, pipeline, truck, or rail, for holding within the State. See
  • Factory branch: means a branch office maintained by a manufacturer for the purpose of selling, or offering for sale, vehicles to a distributor or new motor vehicle dealer, or for directing or supervising in whole or in part factory or distributor representatives. See
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Franchise: means all agreements and contracts between any new motor vehicle manufacturer, written or otherwise, and any new motor vehicle dealer which relate to the operation of the franchise and purport to fix the legal rights and liabilities of the parties to such agreements or contracts, including agreements pursuant to which the dealer purchases and resells the franchise product, performs warranty and other service on the manufacturer's products, leases or rents the dealership premises or agreements concerning the dealership premises, or construction or renovation of the dealership premises. See
  • Franchisee: means a new motor vehicle dealer who enters into or is currently a party to a franchise with a franchisor. See
  • Franchisor: means any manufacturer, distributor, distributor branch or factory branch, importer, or other person, partnership, corporation, association, or entity, whether resident or nonresident, which enters into or is currently a party to a franchise with a new motor vehicle dealer. See
  • Fraud: Intentional deception resulting in injury to another.
  • Fundraising campaign: means an effort undertaken during a specific time period by a paid fundraiser to solicit contributions on behalf of a charitable organization. See
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as defined and interpreted in 9A V. See
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Home solicitation sale: means the sale or lease, or the offer for sale or lease, of goods or services with a purchase price of $5. See
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insurance: means an agreement to indemnify or otherwise assume an obligation, provide services or any other thing of value on the happening of a particular event or contingency, or to provide indemnity for loss with respect to a specified subject by specified circumstances in return for a consideration. See
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Inventory: means :

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
  • Last known address: means that address provided by the occupant in the rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. See
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lessee: means any consumer who leases a motor vehicle pursuant to a written lease agreement for a term of two or more years. See
  • Lessor: means a person engaged in a business of leasing goods to consumers. See
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • life-cycle costs: shall mean the present value purchase price of an item, plus the replacement cost, plus or minus the salvage value, plus the present value of operation and maintenance costs, plus the energy and environmental externalities' costs or benefits. See
  • Line-make: means motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor or manufacturer of the motor vehicle. See
  • Liquid fossil fuel: means heating oils, light and heavy diesel oil, motor gasoline, propane, butane, residual fuel oils, kerosene, and aviation fuels. See
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loaner: means an assistive technology device that is loaned to the user without charge while repairs are made to the user's assistive technology device. See
  • Manufacturer: means any person, resident, or nonresident who manufactures or assembles new motor vehicles, or imports for distribution through distributors of motor vehicles, or any partnership, firm, association, joint venture, corporation, or trust, resident or nonresident, which is controlled by the manufacturer. See
  • Manufacturer: means any person, resident or nonresident, that manufactures or assembles new motor vehicles or imports for distribution through distributors of motor vehicles or any partnership, firm, association, joint venture, corporation, or trust, resident or nonresident, that is controlled by a manufacturer. See
  • Manufacturer: means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device, but does not include an assistive device dealer. See
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Merchant: means a person or entity that, in Vermont:

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • molder: means any individual or entity, including a tool or die maker who fabricates, casts or otherwise makes a die, mold, or form or who uses a die, mold, or form to manufacture, assemble, or otherwise make a product or products. See
  • Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor home: means a motor vehicle that is primarily designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van. See
  • Motor vehicle: means every vehicle intended primarily for use and operation on the public highways which is self-propelled, not including farm tractors and other machines and tools used in the production, harvesting, and care of farm products. See
  • Motor vehicle: means a passenger motor vehicle that is purchased, leased, or registered in the State of Vermont, and shall not include tractors, motorized highway building equipment, road-making appliances, snowmobiles, motorcycles, motor-driven cycles, or the living portion of recreation vehicles, or trucks with a gross vehicle weight rating over 12,000 pounds. See
  • Motor vehicle lessor: means a person who holds title to a motor vehicle leased to a lessee under a written lease agreement for a term of two or more years, or who holds the lessor's rights under such an agreement. See
  • Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Net cost: means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location. See
  • New motor vehicle: means a vehicle which has been sold to a new motor vehicle dealer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer. See
  • new motor vehicle: means a motor vehicle that is still under the manufacturer's express warranty or, in the case of the portion of a recreation vehicle that is subject to this chapter, that is still under an express warranty for the relevant component. See
  • New motor vehicle dealer: means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles and who holds, or held at the time a cause of action under this chapter accrued, a valid sales and service agreement, franchise, or contract, granted by the manufacturer or distributor for the retail sale of said manufacturer's or distributor's new motor vehicles. See
  • Nonconformity: means a condition or defect that substantially impairs the use, value, or safety of an assistive device, and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, but does not include a condition or defect that is the result of abuse, use which exceeds the manufacturer's recommendations, neglect, or unauthorized modification or alteration of the assistive device by a consumer. See
  • Oath: shall include affirmation where by law an affirmation may be substituted. See
  • Occupant: means a person, successor, assignee, agent, or representative entitled to the use of storage space in a self-storage facility under a rental agreement to the exclusion of others. See
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any person holding an ownership interest in the business entity operating as a new motor vehicle dealer or under a franchise as defined in this chapter either as a corporation, partnership, sole proprietorship, or other legal entity. See
  • Owner: means the owner, operator, lessor, or sublessor of a self-storage facility, an agent, or any other person authorized by the owner to manage the facility or to receive rent from an occupant under a rental agreement. See
  • Owner: includes successors in interest of the owner and agents of the owner acting within their authority. See
  • Paid fundraiser: means a person who, for financial consideration, solicits contributions from persons in this State, either directly or through employees, agents, or those with whom the paid fundraiser is in privity. See
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • pawnbroker: as used in this chapter includes any person, partnership, or corporation, loaning money on deposit or pledge of personal property, other than securities or written evidences of indebtedness; or doing business as furniture storage warehousepersons, and loaning and advancing money upon goods, wares, or merchandise pledged or deposited as collateral security. See
  • Person: means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. See
  • Person: means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, two or more of the foregoing having a joint or common interest, or any other legal or commercial entity. See
  • Person: refers to any individual, partnership, corporation, association, or other organization. See
  • person: shall include a natural person, a firm, an association, and a corporation, and any officer, employee or agent thereof. See
  • Personal estate: shall include all property other than real estate. See
  • personal information: includes any list, description, or other grouping of consumers and publicly available information pertaining to the consumers that is derived using any nonpublic personal information other than publicly available information. See
  • Personal property: All property that is not real property.
  • Personal property: means movable property not affixed to land, and includes goods, merchandise, and household items. See
  • Petroleum set-aside: means the amount of liquid fossil fuel which is made available from the total supply of a prime supplier for utilization by the Department of Public Service pursuant to this chapter to resolve hardships and emergencies due to energy shortages. See
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precious metal: means used gold, silver, platinum, palladium, coins sold for more than face value, jewelry, or similar items, but does not include an antique. See
  • Precious metal dealer: means a person who:

  • Prime supplier: means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity which makes the first sale of any liquid fossil fuel into the State distribution system for consumption within the State. See
  • Probate: Proving a will
  • Program: means the Market Vermont Program created by this subchapter. See
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected consumer: means a natural person who, at the time a request for a security freeze is made, is:

  • Protected consumer security freeze: means :

  • Purchase price: means the total price paid or to be paid for the consumer goods or services, including all interest and service charges. See
  • Quorum: The number of legislators that must be present to do business.
  • real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means real estate, including lands, leaseholds, tenements and hereditaments, and improvements placed thereon. See
  • Reasonable attempt to repair: means , within the terms of an express warranty applicable to a new assistive device:

  • Record: means a compilation of information that:

  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Relevant market area: means the area within a radius of 25 miles around an existing dealer or the area of responsibility defined in the franchise, whichever is greater; except that, where a manufacturer is seeking to establish an additional new motor vehicle dealer and there are one or more existing new motor vehicle dealers of the same line-make within a 10-mile radius of the proposed dealer site, the "relevant market area" shall in all instances be the area within a radius of 10 miles around an existing dealer. See
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rental agreement: means any written agreement that establishes or modifies the terms, conditions, rules, or any other provision concerning the use and occupancy of a self-storage facility. See
  • Representative: means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
  • seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
  • Security freeze: means a notice placed in a credit report, at the request of the consumer, pursuant to section 2480h of this title. See
  • Self-storage facility: means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such space for the purpose of storing and removing personal property. See
  • Seller: means a person regularly and principally engaged in a business of selling goods or services to consumers. See
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • State fleet: as used in this chapter , shall mean passenger vehicles and light duty trucks for use by State employees in the conduct of official duties, excluding law enforcement vehicles assigned to sworn law enforcement officers, and shall be procured by the Commissioner of Buildings and General Services. See
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subcontractor: means any person or entity which has contracted to perform work, or provide materials or machinery necessary to perform work for a contractor or another subcontractor in connection with a construction contract. See
  • Subpoena: A command to a witness to appear and give testimony.
  • Sufficient proof of authority: means documentation that shows that a person has authority to act on behalf of a protected consumer, including:

  • Sufficient proof of identification: means information or documentation that identifies a protected consumer or a representative, including:

  • Supplier: means any person engaged in the sale, consignment, or distribution of petroleum products to retail outlets. See
  • Supplier: means a wholesaler, manufacturer, or distributor of inventory who enters into a dealer agreement with a dealer. See
  • sworn: shall include affirmed. See
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
  • trade agreement: means a trade agreement between the federal government and a foreign country. See
  • Trading stamp: refers to any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, which entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service, or cash. See
  • Trading stamp company: refers to any person engaged in distributing trading stamps for retail issuance by others, or in redeeming trading stamps for retailers, in any way or under any guise. See
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Unauthorized use: means a use of a credit card to obtain money, property, labor, services, or payment of delinquent taxes by a person other than the cardholder who does not have actual, implied, or apparent authority for such use. See
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Village: shall mean an incorporated village. See
  • within three years following the last prior use: shall be construed to include any period following the last prior use of a die, mold, or form regardless of whether or not such period precedes April 14, 1981. See
  • Work: means to build, alter, repair, or demolish any improvement on, connected with, or on or beneath the surface of any real property, or to excavate, clear, grade, fill, or landscape any real property or to construct driveways, private roadways, highways and bridges, drilled wells, septic, sewage systems, utilities, including trees and shrubbery, or to furnish materials, for any of such purposes, or to perform any labor upon real property. See