|BILL AS INTRODUCED||2007-2008|
Introduced by Representative Barnard of Richmond
Subject: Commerce and trade; consumer fraud; florists
Statement of purpose: This bill proposes to prohibit misrepresentation of the geographical location of a floral business in a telephone book listing or directory assistance database.
AN ACT RELATING TO TELEPHONE DIRECTORY MISREPRESENTATION OF THE GEOGRAPHICAL LOCATION OF A FLORAL BUSINESS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 9 V.S.A. § 2466b is added to read:
§ 2466b. LISTING OF FLORAL BUSINESS IN TELEPHONE
(a) A person may not misrepresent the geographical location of a business that derives 50 percent or more of its gross income from the sale or arranging for the sale of flowers or floral arrangements in the listing of the business in a telephone directory or other directory assistance database.
(b) A person is considered to misrepresent the geographical location of a business in a telephone directory or other directory assistance database if the name of the business indicates that the business is located in a geographical area and:
(1) The business is not located within the geographical area indicated;
(2) The listing fails to identify the municipality and the state of the business’s geographical location; and
(3) A telephone call to the local telephone number listed in the telephone directory or directory assistance database routinely is forwarded or transferred to a location that is outside the calling area covered by the telephone directory or directory assistance database in which the number is listed.
(c) A person may place a directory listing for a business described in subsection (a) of this section with a name which indicates that it is located in a geographical area that is different from the geographical area in which the business is actually located, only if a conspicuous notice in the listing states the municipality and state in which the business is located.
(d) This section does not apply to a publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business.
(e) This section creates no duty and imposes no obligation upon anyone other than the business that is the subject of the advertisement or listing.
(f) This section applies only to information supplied to a telephone directory published after September 1, 2008, or to information supplied for entry into a directory assistance database after September 1, 2008.
(g) Failure to comply with this section is an unfair and deceptive act and practice in commerce under this chapter.
(h) The attorney general may make rules and regulations to carry out the purposes of this section.
(i) Nothing in this section limits the liability of any person under existing statutory or common law.
The Vermont General Assembly
115 State Street