Vermont § 2361 - Penalties

§ 2361. 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 estimated 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 1961, No. 227, § 11, eff. Jan. 1, 1962; amended 1973, No. 185 (Adj. Sess.), § 1; 1989, No. 122, § 11, eff. June 30, 1989.)