Vermont Telemarketing Fraud Laws

9 V.S.A. §2462: Telemarketing Transactions

9 V.S.A. §2462a: Prohibited Telephone Solicitation

9 V.S.A. §2462b: Registration of Telemarketers

What's Prohibited?

Under Vermont telemarketing fraud laws, a telemarketer may not make a telephone solicitation to a telephone number in Vermont without having first registered with the Office of the Secretary of State. Also, any telephone calls by registered telemarketer to a telephone number in Vermont that is on the FTC Do Not Call list is prohibited.

Plus, telemarketers may not:

• Require payment to enter a sweepstakes or contest.

• Ask for advanced payment to repair credit or get a loan

• Take money from a bank account without the consumer's written consent.

• Use a third party service to pick up payment from you, unless the goods you are buying are delivered at the same time.

Criminal Penalties

Telemarketers that violate Vermont telemarketing fraud laws face penalties of up to 18 months in prison, a fine up to $10,000, or both. Each telephone call shall constitute a separate solicitation under this section.

Affirmative Defense:Telemarketing companies with five or fewer employees may avoid criminal liability if they did not know and did not consciously avoid knowing Vermont's requirement of registration of telemarketers.

Civil Penalties

Violators of Vermont telemarketing fraud laws may also face law suits from the people that they call. In civil cases, callers my bring an action for damages, injunctive relief, and reasonable costs and attorney's fees.

Registration

Every telemarketer must register with the Secretary of State on a form approved by the Secretary. The Secretary of State collects the following fees when a registration form is delivered to the Office of the Secretary of State:

• Registration: $125.00.

• Statement of Change of Designated Agent or Office: $25.00, not to exceed $1,000.00 per filer per calendar year.