(b) The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions as is provided under subchapter 1 of this chapter. (c) It is an unfair and deceptive act and practice in commerce for any person to provide substantial assistance to the seller of a third-party discount membership program that has engaged or is engaging in an unfair or deceptive act or practice in commerce when the person or the person’s authorized agent: (1) receives notice from a regulatory, law enforcement, or similar governmental authority that the seller of the third-party discount membership program is in violation of this subchapter; (2) knows from information received or in its possession that the seller of the third-party discount membership program is in violation of this subchapter; or (3) consciously avoids knowing that the seller of the third-party discount membership program is in violation of this subchapter. ty discount membership program is in violation of this subchapter; or (3) consciously avoids knowing that the seller of the third-party discount membership program is in violation of this subchapter. (d) Subject to section 2452 of this title, a person who provides only incidental assistance, which does not further the sale of a third-party discount membership program, to the seller of the program, or who does not receive a benefit from providing assistance to the seller of a discount membership, shall not be liable under this section unless the person receives notice, knows, or consciously avoids knowing, pursuant to subdivision (c)(1), (2), or (3) of this section, that a third-party discount membership program is in violation of this chapter. (Added 2011, No. 109 (Adj. Sess.), § 1, eff. May 8, 2012; amended 2015, No. 55, § 7; 2015, No. 128 (Adj. Sess.), § E.1.)
Vermont Legal Code