9 V.S.A. § 2464
§ 2464. Telemarketing transactions
(a)
For the purposes of this section, "telemarketer" means any person who initiates telephone calls to, or
who receives telephone calls from, a consumer in connection with a plan, program or campaign to market goods
and services. The term "telemarketer" does not include:
(1)
A federally-insured depository institution or its subsidiary when it obtains or submits for payment a
check, draft or other form of negotiable instrument drawn on or debited against a person's checking, savings,
share or other depository account at that institution.
(2)
Any person that submits a payment when the consumer authorizing the submission has, prior to July 1,
1997, entered into a written contract with the person for the issuance of a charge or credit card.
(3)
Any other category of persons, that the attorney general may exempt by rule consistent with the
purposes of this section.
(b)
It is an unfair and deceptive act and practice in commerce for any telemarketer directly or through an
agent:
(1)
to procure the services of any third-party delivery, courier or other pickup service to obtain a
consumer's payment for goods, unless the goods are delivered at the time that the consumer's payment is
obtained by the courier; or
(2)
to obtain or submit for payment a check, draft or other form of negotiable instrument drawn on a
person's checking, savings, share or other depository account without the consumer's express written
authorization.
(c)
It is an unfair and deceptive act and practice in commerce for any person, including a third-party
delivery, courier or other pickup service, or the telemarketer's financial institution as defined in 8 V.S.A.
§ 1022(5), but not including the consumer's financial institution as defined in 8 V.S.A. § 1022(5), to provide
substantial assistance to a telemarketer in violation of subsection (b) of this section when the person or the
person's authorized agent knows or consciously avoids knowing that the telemarketer is engaging in an unfair
or deceptive act or practice in commerce.
