Vermont § 2464 - Telemarketing transactions

Full text of Vermont Vermont Statutes Online § 2464 — Telemarketing transactions, with citation guidance and answers to common questions.

§ 2464. Telemarketing transactions

  • (a) For the purposes of this section: (1) “Express oral authorization” means that a consumer has explicitly authorized an electronic
    funds transfer from his or her financial account for goods or services offered by
    a telemarketer: (A) during a telephone call in which the telemarketer has clearly stated that the consumer
    is authorizing the transfer from his or her account and has further stated the consumer’s
    name, a description of the specific goods or services offered, any material terms
    of the transaction, the date on or after which the account will be debited, the amount
    of the transfer, a telephone number for consumer inquiries that is answered during
    normal business hours, and the date of the authorization; and (B) where the telemarketer has either tape-recorded the entire telemarketing call on which
    the consumer has authorized the transaction and not disposed of the recording until
    at least four years after the authorization or has provided written notice to the
    consumer, prior to the settlement date of the transfer, confirming the terms of the
    authorization as described in subdivision (A) of this subdivision (1) and has not
    disposed of the written notice until at least four years after the notice was created.
    Isolated and inadvertent failure to comply with this record-keeping requirement shall
    not give rise to liability under this subsection, provided that the telemarketer has
    in place reasonable procedures designed to comply with this requirement. (2) “Financial account” means a checking, savings, share, or other depository account. (3) “Process” includes printing a check, draft, or other form of negotiable instrument
    drawn on or debited against a consumer’s financial account, formatting or transferring
    data for use in connection with the debiting of a consumer’s account by means of such
    an instrument or an electronic funds transfer, or arranging for such services to be
    provided to a telemarketer. (4) “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 or services. The term “telemarketer” does not include: (A) 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; (B) 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; (C) any person who initiates telephone calls to or who receives telephone calls from a
    consumer in connection with collection of an amount due for goods or services previously
    provided to the consumer; (D) any company registered with and regulated by the Public Utility Commission; (E) 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; (2) to obtain or submit for payment a check, draft, or other form of negotiable instrument
    drawn on a person’s financial account without the consumer’s prior written authorization
    or to dispose of the written authorization until at least four years after the authorization;
    or (3) to obtain funds from a person’s financial account by means of an electronic funds
    transfer unless: (A)(i) the consumer has initiated the telephone call to the telemarketer; or (ii) the telemarketer and the consumer have a current written agreement for the provision
    of goods or services or the consumer has purchased goods or services from the telemarketer
    within the previous two years; and (B) the telemarketer has obtained the consumer’s express oral authorization to the transfer
    prior to initiating the debit. (c) It is an unfair and deceptive act and practice in commerce for a party other than
    a federally insured depository institution to process for payment from a consumer’s
    financial account, in connection with a telemarketer’s transaction with the consumer: (1) a check, draft, or other form of negotiable instrument drawn on or debited against
    such account without the consumer’s prior written authorization; or (2) an electronic funds transfer from such account for goods or services offered by a
    telemarketer, unless: (A)(i) the consumer has initiated the telephone call to the telemarketer; or (ii) the telemarketer and the consumer have a current written agreement for the provision
    of goods or services or the consumer has purchased goods or services from the telemarketer
    within the previous two years; and (B) the telemarketer has obtained the consumer’s express oral authorization to the transfer
    prior to initiating the debit. (d) In addition to the legal liability described in subsection (c) of this section, 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. § 10202(5), but not including the consumer’s financial institution as defined in 8 V.S.A. § 10202(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. (e) It is an unfair and deceptive act and practice in commerce for a party other than
    a federally insured depository institution who processes a telemarketing transaction
    for payment from a consumer’s financial account to: (1) fail to obtain, before processing the transaction, any prior written authorization
    required by subdivision (b)(2) of this section or any tape recording or copy of a
    written confirmation required by subdivision (b)(3) of this section as part of the
    consumer’s express oral authorization; or (2) dispose of a document required by subdivision (1) of this subsection, or of telemarketer
    applications or agreements, records of payments processed or returned, electronic
    communications relating to telemarketers, consumer complaints, or any other category
    of record that the Attorney General may prescribe by rule, until at least four years
    after the records were created. (Added 1997, No. 42, § 2; amended 2005, No. 5, § 1; 2007, No. 134 (Adj. Sess.), §§ 2-5.)

Source: official Vermont text · Last verified 2026-08-27

Frequently Asked Questions About Vermont § 2464

What does Vermont Statutes Online § 2464 cover?

Section 2464 ("Telemarketing transactions") 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 § 2464?

A common citation format is "Vermont Statutes Online § 2464" (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 § 2464 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.