Vermont § 2409 - Penalties

Full text of Vermont Vermont Statutes Online § 2409 — Penalties, with citation guidance and answers to common questions.

§ 2409. Penalties

  • (a) In case of failure of any person to comply with any of the provisions of this chapter,
    such person or any person who acquires a contract or installment account with knowledge
    of such noncompliance is barred from recovery of any finance charge or of any delinquency,
    collection, deferral, or refinance charge imposed in connection with such contract
    or installment account, and the buyer shall have the right to recover from such person
    an amount equal to any of such charges paid by the buyer with interest thereon from
    the time of payment and all expenses of collection, including reasonable attorney’s
    fees, in a civil action on this statute. (b) In any case in which a person willfully violates any provision of this chapter, except
    as provided in subsection (c) of this section, the buyer may recover from such person
    an amount equal to two times the total of the finance charges and any delinquency,
    collection, extension, deferral, or refinance charges imposed, contracted for, or
    received, and the seller shall be barred from the recovery of any such charges. The
    buyer shall also recover reasonable attorney’s fees as determined by the court. (c) A person shall not knowingly or willfully make any retail installment contract under
    this chapter that directly or indirectly calls for the payment of any finance charges
    in excess of the legal rate as set forth in this chapter. A contract violating this
    section shall be unenforceable, and a person shall have no right to collect any principal,
    finance, or other charges. (d) Notwithstanding the provisions of this section, any failure to comply with any provision
    of the chapter may be corrected by the holder in accordance with the provisions of
    this section, provided that a willful violation may not be corrected, and a correction
    that will increase the amount owed by the owner or the amount of any payment shall
    not be effective unless the buyer concurs in writing to the correction. If a violation
    is corrected by the holder in accordance with the provisions of this section, neither
    the seller nor the holder shall be subject to any penalty under this section. The
    correction shall be made by delivering to the buyer a corrected copy of the contract
    within 60 days of the execution of the original contract by the buyer. Any amount
    improperly collected from the buyer shall be credited against the indebtedness evidenced
    by the contract. (e) Any person who shall willfully and intentionally violate any provisions of this chapter
    shall be fined not more than $100.00 for the first offense. Upon conviction for violating
    this section in any transaction entered into or consummated after a first conviction
    hereunder, the offender shall be fined not more than $1,000.00 or imprisoned for not
    more than one year, or both. (Added 1963, No. 221, § 9, eff. Jan. 1, 1964; amended 1973, No. 185 (Adj. Sess.), § 2.)

Frequently Asked Questions About Vermont § 2409

What does Vermont Statutes Online § 2409 cover?

Section 2409 ("Penalties") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 2409?

A common citation format is "Vermont Statutes Online § 2409" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 2409 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.