The Vermont Statutes Online

Title 9: Commerce and Trade

Chapter 63: CONSUMER PROTECTION

Sub-Chapter 01: General Provisions

9 V.S.A. § 2459. Assurance of discontinuance



§ 2459. Assurance of discontinuance

(a) In any case where the attorney general or a state's attorney has authority to institute an action or proceeding under section 2458 of this title, in lieu thereof he may accept an assurance of discontinuance of any method, act or practice in violation of this chapter from any person alleged to be engaged or to have been engaged in such method, act or practice. Such assurance may include a stipulation for affirmative action by such person, payment of a civil forfeiture and the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved consumers, or any of the above. Any such assurance of discontinuance shall be in writing and be filed with the Washington superior court. Evidence of a violation of such assurance shall be prima facie proof of violation of section 2453 of this title, or of any rule of regulation made pursuant to section 2453 of this title in any action or proceeding thereafter brought by the attorney general or a state's attorney.

(b) No assurance of discontinuance may be accepted by a state's attorney without the approval of the attorney general who shall indicate his approval by countersigning any assurance before it may become effective. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 5, eff. April 4, 1969; 1973, No. 110, § 3; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)