Terms Used In Vermont Statutes > Title 9 > Chapter 63 - Consumer Protection

• Abortion: means any medical treatment intended to induce the termination of, or to terminate, a clinically diagnosable pregnancy except for the purpose of producing a live birth. See
• Accepted credit card: means any credit card that the cardholder has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, services, or payment of delinquent taxes on credit, and also the term includes a credit card issued in replacement or renewal of an accepted credit card. See
• add-on discount membership program: is a program that entitles consumers to receive discounts, rebates, rewards, or similar incentives on the purchase of goods or services or both, sold to a consumer during the purchase of a different good or service using the same billing information. See
• Advertisements and promotions: include all forms of solicitation directed at prospective callers of pay-per-call services, including mailings and advertisements in newspapers and magazines and on radio and television. See
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means :

• agency: means a person who, for fees, dues, or on a cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a credit report to another person. See
• Agreement: is a ny written agreement between a petroleum supplier and a gasoline dealer under which the gasoline dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the supplier. See
• Air compressor: means a compressor that is designed to compress air that has an inlet open to the atmosphere or other source of air and that consists of the bare compressor, also known as the compression element; one or more drivers; mechanical equipment to drive the compression element; and any ancillary equipment. See
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antique: means an item, other than an item of jewelry, and including a collectible coin, that is:

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Article: means an object that during production is given a special shape, surface, or design that determines its function to a greater degree than its chemical composition. See
• Asset: means property of a debtor, but the term does not include:

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistive device: means an item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve any functional capability of an individual with disabilities. See
• Assistive device dealer: means a person who is in the business of selling assistive devices to consumers. See
• Assistive device lessor: means a person who leases an assistive device to a consumer, or who holds the lessor's rights, under a written lease. See
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Ballast: means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current, and waveform) for starting and operating the lamp. See
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• biennially: shall mean the year in which a regular session of the General Assembly is held. See
• billing information: includes the full account number and routing number and, if necessary, the name of the financial institution holding the account. See
• billing information: includes the full account number and routing number and, if necessary, the name of the financial institution holding the account. See
• Billing period: means the period agreed to by the parties or, in the absence of an agreement, the calendar month within which work is performed. See
• Board: means the Transportation Board as established in 19 V. See
• Board: means , unless otherwise indicated, the Vermont Motor Vehicle Arbitration Board. See
• Body spray: means a shower device for spraying water onto a bather other than from the overhead position. See
• Business day: means any calendar day except Saturday, Sunday, or any day classified as a holiday under 1 V. See
• Caller: means a person who accesses a pay-per-call service. See
• Carbon monoxide detector: means a device with an assembly that incorporates a sensor control component and an alarm notification that detects elevations in carbon monoxide levels and sounds a warning alarm, is operated from a power supply within the unit or wired to it from an outside source, and is approved or listed for the purpose by Underwriters Laboratory or by another nationally recognized independent testing laboratory. See
• Card issuer: means any person who issues a credit card. See
• Cardholder: means any person to whom a credit card is issued and any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person. See
• Charitable: means related to a charitable purpose. See
• Charitable organization: means any organization that is or holds itself out to be furthering any charitable purpose. See
• Charitable purpose: means any benevolent, educational, philanthropic, humane, patriotic, social welfare, advocacy, public health, environmental conservation, or civic objective or any objective of law enforcement officers, firefighters, or other persons who protect the public safety. See
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• claim for relief: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See
• Client: means an individual who is inquiring about or seeking services at a pregnancy services center. See
• Coerce: means the failure to act in a fair and equitable manner in performing or complying with any terms or provisions of a franchise or agreement; provided, however, that recommendation, persuasion, urging, or argument shall not be synonymous with coerce or lack of good faith. See
• Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive device. See
• Collusion: means an agreement, contract, combination in the form of trusts or otherwise, or conspiracy to engage in price fixing, bid rigging, or market division or allocation of goods or services between or among persons. See
• Commercial dishwasher: means a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution, with or without blasting media granules, and a sanitizing rinse. See
• Commercial fryer: means an appliance, including a cooking vessel, in which oil is placed to such a depth that the cooking food is supported by displacement of the cooking fluid rather than by the bottom of the vessel. See
• Commercial hot-food holding cabinet: means a heated, fully enclosed compartment with one or more solid or transparent doors designed to maintain the temperature of hot food that has been cooked using a separate appliance. See
• Commercial steam cooker: means a device with one or more food-steaming compartments in which the energy in the steam is transferred to the food by direct contact. See
• Commission: means the Commission on International Trade and State Sovereignty established in 3 V. See
• Commissioner: means the Commissioner of Public Service. See
• Commissioner: means the Commissioner of Health. See
• Commissioner: means the Commissioner of Public Service or the Commissioner's designee. See
• Commissioner: means the Commissioner of Public Service or the Commissioner's designee. See
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Compensation: means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered. See
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compressor: means a machine or apparatus that converts different types of energy into the potential energy of gas pressure for displacement and compression of gaseous media to any higher-pressure values above atmospheric pressure and has a pressure ratio at full-load operating pressure greater than 1. See
• Congener: means a specific PBDE molecule. See
• Construction contract: means any agreement, whether written or oral, to perform work on any real property located within the State of Vermont. See
• Consumer: means the purchaser, other than for purposes of resale, of a new motor vehicle or lessee of a new motor vehicle, other than for the purposes of sub-lease, that has not been previously leased by another person, any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty, but "consumer" shall not include any governmental entity or any business or commercial enterprise that registers or leases three or more motor vehicles. See
• Consumer: means any person who purchases, leases, contracts for, or otherwise agrees to pay consideration for goods or services not for resale in the ordinary course of the person's trade or business but for the person's use or benefit or the use or benefit of a member of the person's household, or in connection with the operation of the person's household or a farm whether or not the farm is conducted as a trade or business, or a person who purchases, leases, contracts for, or otherwise agrees to pay consideration for goods or services not for resale in the ordinary course of the person's trade or business but for the use or benefit of the person's business or in connection with the operation of the person's business. See
• Consumer: means any of the following:

• Consumer: means a natural person other than a protected consumer. See
• Consumer who is subject to a protected consumer security freeze: means a natural person:

• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means a person or entity that contracts with an owner to perform work, or provide materials or machinery necessary to perform work on real property. See
• Contribution: means the grant, promise, or pledge of money, credit, financial assistance, or other goods or services in part or in whole for a charitable purpose. See
• Contributor: means a person who makes a contribution. See
• Conviction: A judgement of guilt against a criminal defendant.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Credit card: means any instrument, whether known as credit card, credit plate, charge plate, or any other name, that purports to evidence an undertaking to pay for property, labor, services, or delinquent taxes paid, delivered, or rendered to or upon the order of persons designated or otherwise authorized as bearers of such card, and includes bank credit cards as defined in 8 V. See
• credit card terminal: means physical equipment used at the point of sale to accept payment by a payment card, including a credit card, debit card, EBT card, prepaid card, or gift card. See
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit report: means any written, oral, or other communication of any information by a credit reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, including an investigative credit report. See
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• Creditor: means a person who has a claim. See
• Criminal history record: means all information documenting a natural person's contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision. See
• customer: means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, or form or who causes or caused a molder to use a die, mold, or form to manufacture, assemble, or otherwise make a product or products. See
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person primarily engaged in the business of retail sales of inventory. See
• Dealer: means any person who is not a petroleum supplier engaged in the retail sale of gasoline to the motoring public in the State under agreements entered into with a petroleum supplier. See
• Dealer agreement: means a written or oral agreement between a dealer and a supplier by which the supplier gives the dealer the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol. See
• Dealership facilities: means the real estate, buildings, fixtures, and improvements that have been devoted to the conduct of business under the franchise by the new motor vehicle dealer. See
• Debt: means liability on a claim. See
• Debtor: means a person who is liable on a claim. See
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Default: means the violation or failure to perform a duty or obligation created in this chapter or in a rental agreement. See
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Delivery: means receipt by addressee, including first-class, registered, or certified mail, hand delivered or transmitted by facsimile machine. See
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designated family member: means the spouse, child, grandchild, parent, brother, or sister of the owner of a new motor vehicle dealer who, in the case of the owner's death, is entitled to inherit the ownership interest in the new motor vehicle dealer under the terms of the owner's will, or who has been nominated in any other written instrument, or who, in the case of an incapacitated owner of a new motor vehicle dealer, has been appointed by a court as the legal representative of the new motor vehicle dealer's property. See
• Devise: To gift property by will.
• Disbursement of loan funds: means the delivery of the loan funds by the lender to the settlement agent in one or more of the following forms:

• Disbursement of the settlement proceeds: means the payment of all proceeds of the transaction by the settlement agent to the persons or accounts designated to receive the proceeds. See
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disqualifying offense: means :

• Distributor: means any person, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new motor vehicle to new motor vehicle dealers or who maintains factory representatives or who controls any person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new motor vehicle to new motor vehicle dealers. See
• Docket: A log containing brief entries of court proceedings.
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Donor: The person who makes a gift.
• Early termination cost: means any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to this section. See
• Early termination saving: means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before that termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to this section. See
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electronic mail: means the transmission of information through computer or other electronic means or a communication sent to a person identified by a unique electronic address. See
• Electronic payment system: means an entity that directly or through licensed members, processors, or agents provides the proprietary services, infrastructure, and software that route information and data to facilitate transaction authorization, clearance, and settlement, and that merchants are required to access in order to accept a specific brand of general-purpose credit cards, charge cards, debit cards, or stored-value cards as payment for goods and services. See
• Emergency contraception: means any drug approved by the U. See
• Engaged in the business of purchasing or selling precious metal: means conducting a regular course of trade in precious metal with retail buyers or sellers, and does not include:

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Express warranty: means express warranties as defined in the Uniform Commercial Code, 9A V. See
• facility: means any facility or terminal with a capacity of 50,000 gallons or more that receives petroleum products by ship, barge, pipeline, truck, or rail, for holding within the State. See
• Factory branch: means a branch office maintained by a manufacturer for the purpose of selling, or offering for sale, vehicles to a distributor or new motor vehicle dealer, or for directing or supervising in whole or in part factory or distributor representatives. See
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Faucet: means a lavatory faucet, kitchen faucet, metering faucet, public lavatory faucet, or replacement aerator for a lavatory, public lavatory, or kitchen faucet. See
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Ferrous scrap: means any scrap metal consisting primarily of iron, steel, or both, including large manufactured articles such as automobile bodies that may contain other substances to be removed and sorted during normal processing operations of scrap metal. See
• Fiduciary: A trustee, executor, or administrator.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Flame retardant: means any chemical that is added to a plastic, foam, or textile to inhibit flame formation. See
• Food: means food intended for human consumption. See
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Franchise: means all agreements and contracts between any new motor vehicle manufacturer, written or otherwise, and any new motor vehicle dealer that relate to the operation of the franchise and purport to fix the legal rights and liabilities of the parties to such agreements or contracts, including agreements pursuant to which the dealer purchases and resells the franchise product, performs warranty and other service on the manufacturer's products, leases or rents the dealership premises or agreements concerning the dealership premises, or construction or renovation of the dealership premises. See
• Franchisee: means a new motor vehicle dealer who enters into or is currently a party to a franchise with a franchisor. See
• Franchisor: means any manufacturer, distributor, distributor branch or factory branch, importer, or other person, partnership, corporation, association, or entity, whether resident or nonresident, that enters into or is currently a party to a franchise with a new motor vehicle dealer. See
• Fraud: Intentional deception resulting in injury to another.
• Fundraising campaign: means an effort undertaken during a specific time period by a paid fundraiser to solicit contributions on behalf of a charitable organization. See
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Genetic engineering: is a process by which a food is produced from an organism or organisms in which the genetic material has been changed through the application of:

• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as defined and interpreted in 9A V. See
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Handheld shower: means a showerhead that can be held or fixed in place for the purpose of spraying water onto a bather and that is connected to a flexible hose. See
• Health information: means any oral or written information in any form or medium that relates to health insurance or the past, present, or future physical or mental health or condition of a client. See
• Home solicitation sale: means the sale or lease, or the offer for sale or lease, of goods or services with a purchase price of $5. See
• Hot and cold unit: means a water cooler that dispenses both hot and cold water. See
• In vitro nucleic acid techniques: means techniques, including recombinant DNA or ribonucleic acid techniques, that use vector systems and techniques involving the direct introduction into the organisms of hereditary materials prepared outside the organisms such as micro-injection, chemoporation, electroporation, micro-encapsulation, and liposome fusion. See
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insider: includes :

• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Inventory: means :

• Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
• Last known address: means the mailing address, and the e-mail address if applicable, provided by the occupant in a rental agreement or in a subsequent written notice of a change of address. See
• Late fee: means a fee or charge assessed for an occupant's failure to pay rent or other fees, charges, or expenses when due. See
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lender: means any person who is in the business of making loans secured by a mortgage on real estate and to whom the debt is initially payable on the face of the loan documents. See
• Lessee: means any consumer who leases a motor vehicle pursuant to a written lease agreement for a term of two or more years. See
• Lessor: means a person engaged in a business of leasing goods to consumers. See
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See
• life-cycle costs: shall mean the present value purchase price of an item, plus the replacement cost, plus or minus the salvage value, plus the present value of operation and maintenance costs, plus the energy and environmental externalities' costs or benefits. See
• Limited-services pregnancy center: means a pregnancy services center that does not directly provide, or provide referrals to clients for, abortions or emergency contraception. See
• Line-make: means motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor or manufacturer of the motor vehicle. See
• Liquid fossil fuel: means heating oils, light and heavy diesel oil, motor gasoline, propane, butane, residual fuel oils, kerosene, and aviation fuels. See
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan closing: means the time a borrower executes any loan document or becomes contractually obligated on a credit transaction, whichever occurs sooner. See
• Loan documents: means the note evidencing the debt due the lender, the mortgage securing the debt due the lender, and any other documents required by the lender to be executed by the borrower as part of the transaction. See
• Loan funds: means the proceeds of the loan to be disbursed by the lender to others at closing. See
• Loaner: means an assistive technology device that is loaned to the user without charge while repairs are made to the user's assistive technology device. See
• Luminaire: means a complete lighting unit consisting of a fluorescent lamp or lamps, together with parts designed to distribute the light, to position and protect such lamps, and to connect such lamps to the power supply through the ballast. See
• Manufacturer: means any person:

• Manufacturer: means a person who:

• Manufacturer: means any person, resident or nonresident, who manufactures or assembles new motor vehicles, or imports for distribution through distributors of motor vehicles, or any partnership, firm, association, joint venture, corporation, or trust, resident or nonresident, that is controlled by the manufacturer. See
• Manufacturer: means any person, resident or nonresident, that manufactures or assembles new motor vehicles or imports for distribution through distributors of motor vehicles or any partnership, firm, association, joint venture, corporation, or trust, resident or nonresident, that is controlled by a manufacturer. See
• Manufacturer: means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device, but does not include an assistive device dealer. See
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Medium voltage dry-type distribution transformer: means a transformer that:

• Merchant: means a person or entity that, in Vermont:

• Metal article: means any manufactured item consisting of metal that is usable for its originally intended purpose without processing, repair, or alteration, including railings, copper or aluminum wire, copper pipe and tubing, bronze cemetery plaques, urns, markers, plumbing fixtures, and cast-iron radiators. See
• Metal halide lamp: means a high intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors. See
• Metering faucet: means a fitting that, when turned on, will gradually shut itself off over a period of several seconds. See
• mobile home: means :

• molder: means any individual or entity, including a tool or die maker who fabricates, casts, or otherwise makes a die, mold, or form or who uses a die, mold, or form to manufacture, assemble, or otherwise make a product or products. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor home: means a motor vehicle that is primarily designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van. See
• Motor vehicle: means every vehicle intended primarily for use and operation on the public highways that is self-propelled, not including farm tractors and other machines and tools used in the production, harvesting, and care of farm products. See
• Motor vehicle: means a passenger motor vehicle that is purchased, leased, or registered in the State of Vermont, and shall not include tractors, motorized highway building equipment, road-making appliances, snowmobiles, motorcycles, motor-driven cycles, or the living portion of recreation vehicles, or trucks with a gross vehicle weight rating over 12,000 pounds. See
• Motor vehicle lessor: means a person who holds title to a motor vehicle leased to a lessee under a written lease agreement for a term of two or more years, or who holds the lessor's rights under such an agreement. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Net cost: means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location. See
• New motor vehicle: means a vehicle that has been sold to a new motor vehicle dealer and that has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer. See
• new motor vehicle: means a motor vehicle that is still under the manufacturer's express warranty or, in the case of the portion of a recreation vehicle that is subject to this chapter, that is still under an express warranty for the relevant component. See
• New motor vehicle dealer: means any person who holds, or held at the time a cause of action under this chapter accrued, a valid sales and service agreement, franchise, or contract granted by the manufacturer or distributor for the retail sale of the manufacturer's or distributor's new motor vehicles, is not affiliated by ownership or control with a franchisor, and is engaged in the business of any of the following with respect to new motor vehicles or the parts and accessories for those new motor vehicles:

• Non-franchised zero-emission vehicle manufacturer: means a manufacturer that:

• Nonconformity: means a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, but does not include a condition or defect that is the result of abuse, use that exceeds the manufacturer's recommendations, neglect, or unauthorized modification or alteration of the assistive device by a consumer. See
• Nonferrous scrap: means any scrap metal consisting primarily of metal other than iron or steel, and does not include aluminum beverage cans, post-consumer household items, items removed during building renovations or demolitions, or large manufactured items containing small quantities of nonferrous metals such as automobile bodies and appliances. See
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Occupant: means a person, successor, assignee, agent, or representative entitled to use storage space under a rental agreement to the exclusion of others. See
• Organism: means any biological entity capable of replication, reproduction, or transferring of genetic material. See
• Organization: means a person other than an individual. See
• Owner: means the owner, operator, lessor, or sublessor of a self- storage facility, an agent, or any other person authorized by the owner to manage the facility or to receive rent from an occupant under a rental agreement. See
• Owner: includes successors in interest of the owner and agents of the owner acting within their authority. See
• Owner: means any person holding an ownership interest in the business entity operating as a new motor vehicle dealer or under a franchise as defined in this chapter either as a corporation, partnership, sole proprietorship, or other legal entity. See
• Paid fundraiser: means a person who, for financial consideration, solicits contributions from persons in this State, either directly or through employees, agents, or those with whom the paid fundraiser is in privity. See
• Pay-per-call service: means any passive, interactive, polling, conference, or other similar audiotext service that is accessed through a telephone number and that generates an audiotext service related fee billed to a subscriber. See
• PBDE: means polybrominated diphenyl ether. See
• Permanently sited: means the mobile home has become affixed to the land. See
• Person: refers to any individual, partnership, corporation, association, or other organization. See
• Person: includes a natural person, a firm, an association, and a corporation, and any officer, employee, or agent thereof. See
• Person: means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. See
• Person: means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, two or more of the foregoing having a joint or common interest, or any other legal or commercial entity. See
• Person: means an individual, partnership, corporation, limited liability company, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity. See
• Personal information: means written information about a person that is not publicly available and that readily identifies that person or is closely associated with that person, including a Social Security number, credit or debit card information, a bank account number, medical information, or passport information. See
• personal information: includes any list, description, or other grouping of consumers and publicly available information pertaining to the consumers that is derived using any nonpublic personal information other than publicly available information. See
• Personal property: All property that is not real property.
• Personal property: means movable property not affixed to land, and includes goods, merchandise, and household items. See
• Petroleum set-aside: means the amount of liquid fossil fuel that is made available from the total supply of a prime supplier for utilization by the Department of Public Service pursuant to this chapter to resolve hardships and emergencies due to energy shortages. See
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Plumbing fixture: means an exchangeable device that connects to a plumbing system to deliver and drain away water and waste. See
• Portable air conditioner: means a portable encased assembly, other than a packaged terminal air conditioner, room air conditioner, or dehumidifier, that includes a source of refrigeration; delivers cooled, conditioned air to an enclosed space; and is powered by single-phase electric current. See
• Portable electric spa: means a factory-built electric spa or hot tub, which may or may not include any combination of integral controls, water heating, or water circulating equipment. See
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precious metal: means used gold, silver, platinum, palladium, coins sold for more than face value, jewelry, or similar items, but does not include an antique. See
• Precious metal dealer: means a person who:

• Pregnancy services center: means a facility, including a mobile facility, where the primary purpose is to provide services to individuals who are or may be pregnant and that either offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant individuals or has the appearance of a medical facility. See
• Premises: means land and improvements or appurtenances or any part thereof. See
• Prime supplier: means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity that makes the first sale of any liquid fossil fuel into the State distribution system for consumption within the State. See
• Probate: Proving a will
• Processed food: means any food other than a raw agricultural commodity and includes any food produced from a raw agricultural commodity that has been subjected to processing such as canning, smoking, pressing, cooking, freezing, dehydration, fermentation, or milling. See
• Property: means anything that may be the subject of ownership. See
• Protected consumer: means a natural person who, at the time a request for a security freeze is made, is:

• Protected consumer security freeze: means :

• Public lavatory faucet: means a fitting intended to be installed in nonresidential bathrooms that are exposed to walk-in traffic. See
• Purchase price: means the total price paid or to be paid for the consumer goods or services, including all interest and service charges. See
• Railroad scrap: means any scrap metal consisting primarily of the steel components used in rolling stock and railroad tracks, including rails, joint bars, tie plates, anchors, turnouts, frogs, and spikes. See
• Raw agricultural commodity: means any food in its raw or natural state, including any fruit or vegetable that is washed, colored, or otherwise treated in its unpeeled natural form prior to marketing. See
• real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means real estate, including lands, leaseholds, tenements and hereditaments, and improvements placed thereon. See
• Reasonable attempt to repair: means , within the terms of an express warranty applicable to a new assistive device:

• Record: means a compilation of information that:

• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Relative: means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See
• Relevant market area: means the area within a radius of 25 miles around an existing dealer or the area of responsibility defined in the franchise, whichever is greater; except that, where a manufacturer is seeking to establish an additional new motor vehicle dealer and there are one or more existing new motor vehicle dealers of the same line-make within a 10-mile radius of the proposed dealer site, the "relevant market area" shall in all instances be the area within a radius of 10 miles around an existing dealer. See
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Rental agreement: means a written agreement that establishes or modifies the terms, conditions, rules, or any other provision concerning the use and occupancy of storage space. See
• Replacement aerator: means an aerator sold as a replacement, separate from the faucet to which it is intended to be attached. See
• Representative: means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Residential upholstered furniture: means furniture intended for personal use that includes cushioning material covered by fabric or similar material. See
• Residential ventilating fan: means a ceiling, wall-mounted, or remotely mounted in-line fan designed to be used in a bathroom or utility room whose purpose is to move air from inside the building to the outdoors. See
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• Scrap metal: means any manufactured item or article that contains metal. See
• Scrap metal processor: means :

• seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
• Security freeze: means a notice placed in a credit report, at the request of the consumer, pursuant to section 2480h of this title. See
• Self-storage facility: means real property designed and used for the purpose of renting or leasing individual storage space to an occupant. See
• Seller: means a person regularly and principally engaged in a business of selling goods or services to consumers. See
• Service of process: The service of writs or summonses to the appropriate party.
• services: shall include any objects, wares, goods, commodities, work, labor, intangibles, courses of instruction or training, securities, bonds, debentures, stocks, real estate, or other property or services of any kind. See
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Settlement: means the time when the settlement agent has received the loan funds, loan documents, and other documents and funds to carry out the terms of the contract between the parties, and the settlement agent reasonably determines that all conditions of such contracts have been satisfied. See
• Settlement agent: means the person responsible for conducting the settlement and disbursement of the settlement proceeds, and includes an individual, corporation, partnership, or other entity conducting the settlement and disbursement of the settlement proceeds. See
• Showerhead: means an accessory to a supply fitting for spraying water onto a bather, typically from an overhead position. See
• Single-family dwelling: means any building or structure in which a family, families, or households reside that contains sleeping facilities and is not otherwise classified as a "public building" as defined in 20 V. See
• Smoke detector: means a device that detects visible or invisible particles of combustion and sounds a warning alarm, is operated from a power supply within the unit or wired to it from an outside source, and is approved or listed for the purpose by Underwriters Laboratory or by another nationally recognized independent testing laboratory. See
• Sponsor: means an individual, corporation, association, partnership, or other entity that sells or offers to sell a pay-per-call service to a person in this State and on whose behalf charges are billed, but shall not include a public utility regulated by the State or the Federal Communications Commission or an interexchange carrier which provides transport or billing and collection services for a pay-per-call service unless the public utility or interexchange carrier actually produces or advertises the pay-per-call service. See
• Spray sprinkler body: means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice. See
• State fleet: as used in this chapter , shall mean passenger vehicles and light duty trucks for use by State employees in the conduct of official duties, excluding law enforcement vehicles assigned to sworn law enforcement officers, and shall be procured by the Commissioner of Buildings and General Services. See
• State-regulated incandescent reflector lamp: means a lamp that is not colored or designed for rough or vibration service applications, that has an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, and a rated voltage or voltage range that lies at least partially within 115 and 130 volts, and that falls into either of the following categories:

• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Storage space: means the individual space at a self-storage facility that is rented to an occupant under a rental agreement. See
• Storage-type: means that a water cooler stores thermally conditioned water in a tank and the conditioned water is available instantaneously. See
• Subcontractor: means any person or entity that has contracted to perform work, or provide materials or machinery necessary to perform work for a contractor or another subcontractor in connection with a construction contract. See
• Subpoena: A command to a witness to appear and give testimony.
• Sufficient proof of authority: means documentation that shows that a person has authority to act on behalf of a protected consumer, including:

• Sufficient proof of identification: means information or documentation that identifies a protected consumer or a representative, including:

• Supplier: means a wholesaler, manufacturer, or distributor of inventory who enters into a dealer agreement with a dealer. See
• Supplier: means any person engaged in the sale, consignment, or distribution of petroleum products to retail outlets. See
• sworn: shall include affirmed. See
• TCEP: means tris(2-chloroethyl) phosphate, chemical abstracts service number 115-96-8, as of July 1, 2013. See
• TCPP: means tris(2-chloro-1-methylethyl) phosphate, chemical abstracts service number 13674-84-5, as of July 1, 2013. See
• TDCPP: means tris(1,3-dichloro-2-propyl) phosphate, chemical abstracts service number 13674-87-8, as of July 1, 2013. See
• Technical mixture: means a PBDE mixture that is sold to a manufacturer. See
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• third-party discount membership program: is a program that entitles consumers to receive discounts, rebates, rewards, or similar incentives on the purchase of goods or services or both, in whole or in part, from any third party. See
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• trade agreement: means a trade agreement between the federal government and a foreign country. See
• Trading stamp: refers to any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, that entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service, or cash. See
• Trading stamp company: refers to any person engaged in distributing trading stamps for retail issuance by others, or in redeeming trading stamps for retailers, in any way or under any guise. See
• Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. See
• Transformer: means a device that consists of two or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another, in order to change the original voltage or current value. See
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Unauthorized use: means a use of a credit card to obtain money, property, labor, services, or payment of delinquent taxes by a person other than the cardholder who does not have actual, implied, or apparent authority for such use. See
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Uninterruptible power supply: means a battery charger consisting of a combination of convertors, switches, and energy storage devices, such as batteries, constituting a power system that maintains continuity of load power in case of input power failure. See
• Urinal: means a plumbing fixture that receives only liquid body waste and conveys the waste through a trap into a drainage system. See
• Venue: The geographical location in which a case is tried.
• Water cooler: means a freestanding device that consumes energy to cool or heat potable water, or both. See
• within three years following the last prior use: shall be construed to include any period following the last prior use of a die, mold, or form regardless of whether or not such period precedes April 14, 1981. See
• Work: means to build, alter, repair, or demolish any improvement on, connected with, or on or beneath the surface of any real property, or to excavate, clear, grade, fill, or landscape any real property or to construct driveways, private roadways, highways and bridges, drilled wells, septic, sewage systems, utilities, including trees and shrubbery, or to furnish materials, for any of such purposes, or to perform any labor upon real property. See