9 V.S.A. § ___ § 2461
Civil penalty
Operative Text
(a) Any person who violates the terms of an injunction issued under section 2458 of this title shall forfeit and pay to the State a civil penalty of not more than $10,000.00 for each violation. For the purposes of this section, the court issuing such injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General or a State’s Attorney acting in the name of the State may petition for recovery of such civil penalty. (b) Any consumer who contracts for goods or services in reliance upon false or fraudulent representations or practices prohibited by section 2453 of this title, or who sustains damages or injury as a result of any false or fraudulent representations or practices prohibited by section 2453 of this title, or prohibited by any rule or regulation made pursuant to section 2453 of this title, may sue for appropriate equitable relief and may sue and recover from the seller, solicitor, or other violator the amount of his or her damages, or the consideration or the value of the consideration given by the consumer, reasonable attorney’s fees, and exemplary damages not exceeding three times the value of the consideration given by the consumer. Any language, written or oral, used by a seller or solicitor, that attempts to exclude or modify recovery of the penalty or reasonable attorney’s fees shall be unenforceable. (c) Any person alleged to have violated the terms of subsection (b) of this section shall be entitled to a trial by jury, unless waived according to law. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 7, eff. April 4, 1969; 1971, No. 235 (Adj. Sess.), § 2; 1973, No. 110, § 5.)
Vermont's 9 V.S.A. ch. 63 § 2461 establishes two tracks of civil liability for consumer protection violations. First, anyone who violates a court-issued injunction under § 2458 may owe the State up to $10,000 per violation, with the Attorney General or a State's Attorney authorized to pursue that penalty. Second, consumers who are harmed by deceptive or fraudulent practices prohibited under § 2453 may bring their own civil lawsuit to recover actual damages or the value of what they paid, reasonable attorney's fees, and up to three times that value in exemplary damages—and any contract language trying to strip away those remedies is void.
Plain English — not legal advice.
Property owners and managers operating in Vermont should be aware that 9 V.S.A. ch. 63 § 2461 creates significant financial exposure for deceptive or fraudulent representations made in connection with housing-related goods or services. Compliant operators generally ensure that all advertising, lease terms, and solicitation materials are accurate and free of misleading claims that could run afoul of § 2453. Because injunction violations carry per-violation civil penalties of up to $10,000 enforceable by the Attorney General, operators typically maintain clear internal compliance practices and review any court orders carefully to avoid ongoing liability.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 9 V.S.A. ch. 63 § 2461, Vermont tenants who entered into a housing contract based on false or fraudulent representations may have the right to sue the seller or solicitor for their actual damages or the value of what they paid, plus reasonable attorney's fees and potentially up to three times that value in exemplary damages. Importantly, any clause in a rental agreement that tries to waive or limit these remedies is unenforceable under this provision. Tenants exploring these rights may consider contacting the Vermont Attorney General's Consumer Assistance Program, a local tenant-rights organization, or an attorney familiar with Vermont consumer protection law to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation