1 | 1 | | BILL AS INTRODUCED H.385 |
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2 | 2 | | 2025 Page 1 of 20 |
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4 | 4 | | |
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5 | 5 | | VT LEG #379078 v.4 |
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6 | 6 | | H.385 1 |
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7 | 7 | | Introduced by Representatives Graning of Jericho, Arsenault of Williston, 2 |
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8 | 8 | | Bluemle of Burlington, Bosch of Clarendon, Boutin of Barre 3 |
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9 | 9 | | City, Burke of Brattleboro, Carris-Duncan of Whitingham, 4 |
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10 | 10 | | Chapin of East Montpelier, Cina of Burlington, Cordes of 5 |
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11 | 11 | | Bristol, Dodge of Essex, Duke of Burlington, Holcombe of 6 |
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12 | 12 | | Norwich, Hooper of Burlington, Krasnow of South Burlington, 7 |
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13 | 13 | | Lalley of Shelburne, LaLonde of South Burlington, Logan of 8 |
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14 | 14 | | Burlington, McCann of Montpelier, McGill of Bridport, 9 |
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15 | 15 | | Micklus of Milton, Minier of South Burlington, Nugent of 10 |
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16 | 16 | | South Burlington, Olson of Starksboro, Priestley of Bradford, 11 |
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17 | 17 | | Sibilia of Dover, Sweeney of Shelburne, and White of Bethel 12 |
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18 | 18 | | Referred to Committee on 13 |
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19 | 19 | | Date: 14 |
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20 | 20 | | Subject: Finance; creditors; debtors; coerced debt; remedies 15 |
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21 | 21 | | Statement of purpose of bill as introduced: This bill proposes to prohibit 16 |
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22 | 22 | | coerced debt and provide protections and remedies for victims of coerced debt. 17 |
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23 | 23 | | An act relating to remedies and protections for victims of coerced debt 18 BILL AS INTRODUCED H.385 |
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24 | 24 | | 2025 Page 2 of 20 |
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25 | 25 | | |
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26 | 26 | | |
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27 | 27 | | VT LEG #379078 v.4 |
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28 | 28 | | It is hereby enacted by the General Assembly of the State of Vermont: 1 |
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29 | 29 | | Sec. 1. 9 V.S.A. chapter 63, subchapter 13 is added to read: 2 |
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30 | 30 | | Subchapter 13. Coerced Debt 3 |
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31 | 31 | | § 2495a. DEFINITIONS 4 |
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32 | 32 | | As used in this subchapter: 5 |
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33 | 33 | | (1) “Abuse” has the same meaning provided in 15 V.S.A. § 1101(1). 6 |
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34 | 34 | | (2) “Adequate documentation” means: 7 |
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35 | 35 | | (A) a police report that identifies the coerced debt, or a portion 8 |
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36 | 36 | | thereof, and describes the circumstances under which the coerced debt was 9 |
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37 | 37 | | incurred; 10 |
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38 | 38 | | (B) a Federal Trade Commission identity theft report; 11 |
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39 | 39 | | (C) an order from a court of competent jurisdiction setting forth 12 |
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40 | 40 | | findings of coerced debt; 13 |
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41 | 41 | | (D) a sworn written certification from a qualified third-party 14 |
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42 | 42 | | professional; or 15 |
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43 | 43 | | (E) any other document that demonstrates a person was subject to 16 |
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44 | 44 | | coerced debt and that supports a debtor’s statement of coerced debt. 17 |
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45 | 45 | | (3) “Coerced debt” means all or a portion of debt in a debtor’s name 18 |
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46 | 46 | | that: 19 |
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47 | 47 | | (A) has been incurred as a result of: 20 BILL AS INTRODUCED H.385 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | VT LEG #379078 v.4 |
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52 | 52 | | (i) the use of the debtor’s personal information without the 1 |
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53 | 53 | | debtor’s knowledge, authorization, or consent; 2 |
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54 | 54 | | (ii) the use or threat of force, intimidation, undue influence, fraud, 3 |
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55 | 55 | | deception, coercion, or other similar means against the debtor; or 4 |
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56 | 56 | | (iii) economic abuse perpetrated against the debtor; and 5 |
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57 | 57 | | (B) was not subject to a final judgment in an action for dissolution of 6 |
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58 | 58 | | marriage or a collection matter that occurred prior to the debtor requesting the 7 |
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59 | 59 | | creditor to cease all collection efforts against the debtor for such debt. 8 |
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60 | 60 | | (4) “Creditor” means a person, or the person’s successor, assignee, or 9 |
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61 | 61 | | agent, claiming to own or have the right to collect a debt owed by the debtor. 10 |
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62 | 62 | | (5) “Debtor” means a person who: 11 |
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63 | 63 | | (A) is a survivor of domestic abuse, economic abuse, or human 12 |
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64 | 64 | | trafficking; and 13 |
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65 | 65 | | (B) owes coerced debt. 14 |
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66 | 66 | | (6) “Economic abuse” means behavior in the context of a domestic 15 |
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67 | 67 | | relationship that controls, restrains, restricts, impairs, or interferes with the 16 |
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68 | 68 | | ability of a debtor to acquire, use, or maintain economic resources, including: 17 |
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69 | 69 | | (A) withholding or restricting access to, or the acquisition of, money, 18 |
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70 | 70 | | assets, credit, or financial information; 19 |
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71 | 71 | | (B) interfering with the debtor’s ability to work and earn wages; or 20 BILL AS INTRODUCED H.385 |
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74 | 74 | | |
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75 | 75 | | VT LEG #379078 v.4 |
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76 | 76 | | (C) exerting undue influence over the debtor’s financial and 1 |
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77 | 77 | | economic behavior or decisions. 2 |
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78 | 78 | | (7) “Human trafficking” has the same meaning provided in 13 V.S.A. 3 |
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79 | 79 | | § 2652 or 2653. 4 |
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80 | 80 | | (8) “Perpetrator of coerced debt” means an individual who causes or is 5 |
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81 | 81 | | alleged to have caused coerced debt to be incurred by another. 6 |
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82 | 82 | | (9) “Qualified third-party professional” means: 7 |
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83 | 83 | | (A) an officer of the court or law enforcement personnel; 8 |
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84 | 84 | | (B) a licensed staff member of a program that provides assistance to 9 |
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85 | 85 | | persons regarding domestic violence, sexual assault, stalking, human 10 |
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86 | 86 | | trafficking or abuse of children, older adults, or dependent adults, and who has 11 |
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87 | 87 | | relevant training or expertise; or 12 |
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88 | 88 | | (C) a licensed attorney or a health care provider as defined in 18 13 |
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89 | 89 | | V.S.A. § 9402(7). 14 |
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90 | 90 | | (10) “Statement of coerced debt” means a statement made by a debtor to 15 |
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91 | 91 | | a creditor orally or in writing that includes: 16 |
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92 | 92 | | (A) identification of the debt, or portion of the debt alleged to be 17 |
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93 | 93 | | coerced debt; 18 |
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94 | 94 | | (B) if available, a description of the circumstances under which the 19 |
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95 | 95 | | coerced debt was allegedly incurred; 20 BILL AS INTRODUCED H.385 |
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98 | 98 | | |
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99 | 99 | | VT LEG #379078 v.4 |
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100 | 100 | | (C) a statement by the debtor disclosing that the debtor did not 1 |
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101 | 101 | | willingly authorize the use of the debtor’s name or personal information to 2 |
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102 | 102 | | incur such debt; 3 |
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103 | 103 | | (D) any information known by the debtor, including account 4 |
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104 | 104 | | information or credit card information and the name of the individual in whose 5 |
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105 | 105 | | name such debt was incurred; 6 |
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106 | 106 | | (E) the identity of the perpetrator of the coerced debt and, if known, 7 |
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107 | 107 | | contact information for the perpetrator, unless the debtor signs a sworn 8 |
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108 | 108 | | statement that disclosing such information is likely to result in abuse to the 9 |
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109 | 109 | | debtor or any immediate family member of the debtor; and 10 |
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110 | 110 | | (F) the debtor’s preferred contact method and information such as a 11 |
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111 | 111 | | telephone number, email address, physical address, or safe address for either 12 |
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112 | 112 | | the debtor or a third party whom the debtor designates to receive information 13 |
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113 | 113 | | about the coerced debt., which shall be specified by the debtor in writing. 14 |
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114 | 114 | | (11) “Sworn written certification” means a statement by a qualified 15 |
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115 | 115 | | third-party professional in the following form: 16 |
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116 | 116 | | CERTIFICATION OF QUALIFIED THIRD-PARTY PROFESSIONAL 17 |
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117 | 117 | | I, .................... (name of qualified third-party professional), do hereby 18 |
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118 | 118 | | certify under penalty of perjury as follows: 19 BILL AS INTRODUCED H.385 |
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120 | 120 | | |
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121 | 121 | | |
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122 | 122 | | VT LEG #379078 v.4 |
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123 | 123 | | 1. I am a qualified third-party professional as defined in 9 V.S.A. 1 |
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124 | 124 | | § 2495a(9) who has had in-person contact or face-to-face contact through an 2 |
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125 | 125 | | electronic medium with .................... (name of debtor). 3 |
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126 | 126 | | 2. Based on my professional interactions with the debtor and 4 |
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127 | 127 | | information presented to me in my professional capacity, I have a reasonable 5 |
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128 | 128 | | basis to believe .................... (name of debtor) is a survivor of domestic abuse, 6 |
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129 | 129 | | domestic assault, stalking, or human trafficking and has incurred all or a 7 |
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130 | 130 | | portion of debt that is coerced debt. 8 |
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131 | 131 | | 3. Based on my professional interactions with the debtor and on 9 |
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132 | 132 | | information presented to me, I have reason to believe that the circumstances 10 |
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133 | 133 | | under which the coerced debt was incurred are as follows: 11 |
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134 | 134 | | 4. The following debts or portions of the debts have been identified to 12 |
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135 | 135 | | me as coerced: 13 |
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136 | 136 | | I attest that the foregoing is true and correct. 14 |
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137 | 137 | | (Printed name of qualified third party) 15 |
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138 | 138 | | (Signature of qualified third party) 16 |
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139 | 139 | | (Business address and business telephone) 17 |
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140 | 140 | | (Date) 18 |
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141 | 141 | | § 2495b. COERCED DEBT PROHIBITED 19 |
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142 | 142 | | A person shall not cause another person to incur coerced debt. 20 BILL AS INTRODUCED H.385 |
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145 | 145 | | |
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146 | 146 | | VT LEG #379078 v.4 |
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147 | 147 | | § 2495c. CREDITOR’S CONDUCT PURSUANT TO A DEBTOR’S 1 |
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148 | 148 | | STATEMENT OF COERCED DEBT 2 |
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149 | 149 | | (a) Within 30 business days following receipt of a debtor’s statement of 3 |
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150 | 150 | | coerced debt, the creditor shall notify any consumer reporting agency to which 4 |
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151 | 151 | | the creditor furnished adverse information about the debtor that the debtor 5 |
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152 | 152 | | disputes the adverse information. 6 |
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153 | 153 | | (b) If the consumer provides both a statement of coerced debt and adequate 7 |
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154 | 154 | | documentation to the creditor, the creditor shall take all of the following 8 |
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155 | 155 | | actions within 10 business days following receipt: 9 |
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156 | 156 | | (1) Cease all attempts to collect the coerced debt from the debtor. 10 |
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157 | 157 | | (2) Refrain from filing any lawsuit to collect the coerced debt or, if a 11 |
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158 | 158 | | collection action has already been filed, seek a continuance, abatement, or stay 12 |
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159 | 159 | | of proceedings against the debtor unless the creditor is challenging that the 13 |
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160 | 160 | | debt is not coerced debt in that action pursuant to subsection 2495d(b) of this 14 |
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161 | 161 | | subchapter. 15 |
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162 | 162 | | (3) Cease all garnishment of funds from the debtor. 16 |
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163 | 163 | | (4) Return to the debtor any payments that were made by the debtor or 17 |
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164 | 164 | | received as part of a garnishment of funds from the debtor on the coerced debt. 18 |
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165 | 165 | | (5) Notify the debtor that it is ceasing all attempts to collect the debt 19 |
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166 | 166 | | from the debtor based on the debtor’s claim of coerced debt. The notice shall 20 BILL AS INTRODUCED H.385 |
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168 | 168 | | |
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169 | 169 | | |
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170 | 170 | | VT LEG #379078 v.4 |
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171 | 171 | | be provided to the debtor using the debtor’s preferred contact method. The 1 |
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172 | 172 | | creditor shall inform the debtor of the option to receive the notice in writing. 2 |
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173 | 173 | | (6) Contact any consumer reporting agency to which it furnished 3 |
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174 | 174 | | information about the debtor and the coerced debt and request they delete such 4 |
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175 | 175 | | information. 5 |
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176 | 176 | | (7) Refrain from selling the debt or transferring it for consideration. If 6 |
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177 | 177 | | the creditor does not own the debt and is collecting the debt for another, then 7 |
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178 | 178 | | the creditor must notify the owner of the debt that it has ceased collection 8 |
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179 | 179 | | activities against the debtor because the debt is coerced debt. 9 |
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180 | 180 | | (c) If the debtor provides to a creditor a statement including some but not 10 |
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181 | 181 | | all of the information required of a statement of coerced debt or provides an 11 |
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182 | 182 | | oral statement of coerced debt without adequate documentation, the creditor 12 |
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183 | 183 | | shall notify the debtor within five business days, using the debtor’s preferred 13 |
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184 | 184 | | contact method, of the additional information needed to complete the statement 14 |
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185 | 185 | | of coerced debt and of the adequate documentation requirement. If the creditor 15 |
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186 | 186 | | provides this notice orally, the creditor shall inform the debtor of the option to 16 |
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187 | 187 | | receive the notice in writing. 17 |
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188 | 188 | | (d) A creditor who provides the debtor with Model Form A-1 complies 18 |
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189 | 189 | | with the requirement in subsection (c) of this section to notify the debtor of the 19 |
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190 | 190 | | additional information needed to complete the statement of coerced debt with 20 |
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191 | 191 | | adequate documentation. 21 BILL AS INTRODUCED H.385 |
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195 | 195 | | VT LEG #379078 v.4 |
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196 | 196 | | (e) Any written notice under this section must be provided to a debtor in 1 |
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197 | 197 | | both English and Spanish. If the creditor provides oral interpretation services 2 |
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198 | 198 | | or otherwise communicates with a debtor in any language other than English, 3 |
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199 | 199 | | the creditor shall provide the notice, orally or in writing, required under this 4 |
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200 | 200 | | subsection to the debtor in the debtor’s preferred language. 5 |
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201 | 201 | | (f) The Commissioner of Financial Regulation shall publish Model Form 6 |
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202 | 202 | | A-1 in English and Spanish. 7 |
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203 | 203 | | (g) The Commissioner may publish Model Form A-1 in any other language 8 |
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204 | 204 | | the Commissioner determines is the first language of a significant number of 9 |
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205 | 205 | | consumers in Vermont. This determination shall be based, at the discretion of 10 |
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206 | 206 | | the Commissioner, either on the numerical percentages of all consumers in 11 |
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207 | 207 | | Vermont for whom English or Spanish is not a first language or in a manner 12 |
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208 | 208 | | consistent with any rules adopted by the Department of Financial Regulation 13 |
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209 | 209 | | for this purpose. 14 |
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210 | 210 | | (h) Model Form A-1 shall be substantially in the following form: 15 |
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211 | 211 | | MODEL FORM A-1 FOR CREDITORS TO PROVIDE DEBTORS 16 |
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212 | 212 | | [Creditor name: 17 |
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213 | 213 | | Address: 18 |
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214 | 214 | | Email address: 19 |
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215 | 215 | | Telephone number: 20 |
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216 | 216 | | Website URL where this form can be filled out online] 21 BILL AS INTRODUCED H.385 |
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219 | 219 | | |
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220 | 220 | | VT LEG #379078 v.4 |
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221 | 221 | | [Debtor’s name] 1 |
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222 | 222 | | [Debtor’s preferred contact information: debtor may provide a telephone 2 |
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223 | 223 | | number, email address, physical address, or the address of a third party] 3 |
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224 | 224 | | You have given us information about a debt that may have been taken out 4 |
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225 | 225 | | because someone used your personal information without your permission or 5 |
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226 | 226 | | because someone intimidated, threatened, forced, or manipulated you into 6 |
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227 | 227 | | taking out this debt. 7 |
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228 | 228 | | For example, an abusive partner could have taken out a credit card or loan 8 |
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229 | 229 | | in your name without your knowledge or permission or pressured you into 9 |
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230 | 230 | | taking out credit to buy a car, television, computer, or other item and 10 |
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231 | 231 | | threatened you with harm if you refused. 11 |
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232 | 232 | | Questions: To stop collection of this debt, you need to answer the questions 12 |
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233 | 233 | | below. If you do not know the answer, you can explain why you do not know 13 |
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234 | 234 | | the answer. 14 |
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235 | 235 | | 1. Did you sign for or agree to the debt? 15 |
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236 | 236 | | 2. If you did sign or agree to the debt, was it because someone threatened 16 |
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237 | 237 | | you or used intimidation, force, manipulation, theft, or other forms of control 17 |
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238 | 238 | | to take out the debt in your name? If yes, please describe how it happened. 18 |
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239 | 239 | | 3. If you did not sign or agree to the debt, do you know who used your 19 |
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240 | 240 | | information to take out the debt? If yes, please describe. 20 BILL AS INTRODUCED H.385 |
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243 | 243 | | |
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244 | 244 | | VT LEG #379078 v.4 |
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245 | 245 | | 4. What is your preferred contact method and contact information? You 1 |
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246 | 246 | | can provide a telephone number, email address, physical address, safe address, 2 |
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247 | 247 | | or the contact information of another trusted person you want to receive 3 |
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248 | 248 | | information for you because you are concerned about your safety. 4 |
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249 | 249 | | Supporting Documentation: Please include any one of the documents 5 |
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250 | 250 | | below that show that the debt was taken out by someone who you were in an 6 |
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251 | 251 | | abusive relationship with and threatened you or used intimidation, force, 7 |
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252 | 252 | | manipulation, theft, or other forms of control to take out the debt in your name. 8 |
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253 | 253 | | You only need to send one, but you may provide more than one. 9 |
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254 | 254 | | 1. A police report that includes information about the debt and how it was 10 |
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255 | 255 | | taken out. 11 |
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256 | 256 | | 2. A Federal Trade Commission identity theft report that you can complete 12 |
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257 | 257 | | yourself online at idtheft.gov. 13 |
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258 | 258 | | 3. A court order that includes information about the debt and how it was 14 |
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259 | 259 | | taken out. 15 |
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260 | 260 | | 4. A sworn written certification from a qualified third-party professional 16 |
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261 | 261 | | you talked with about this debt. The statement should include who they are, 17 |
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262 | 262 | | where they work, their contact information, and information you shared with 18 |
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263 | 263 | | them about the debt and how it was taken out. The third party may be: 19 |
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264 | 264 | | (a) an officer of the court or law enforcement personnel; 20 BILL AS INTRODUCED H.385 |
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266 | 266 | | |
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267 | 267 | | |
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268 | 268 | | VT LEG #379078 v.4 |
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269 | 269 | | (b) a licensed staff member of a program that provides assistance to 1 |
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270 | 270 | | persons regarding domestic violence, sexual assault, stalking, human 2 |
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271 | 271 | | trafficking or abuse of children, older adults, or dependent adults; or 3 |
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272 | 272 | | (c) a licensed attorney or a health care provider as defined in 18 V.S.A. 4 |
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273 | 273 | | § 9402(7). 5 |
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274 | 274 | | 5. Any other document such as [a divorce decree, restraining order, 6 |
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275 | 275 | | protection from abuse order] or other document that includes information 7 |
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276 | 276 | | about the debt and how it was taken out. 8 |
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277 | 277 | | We need to receive your answers to the above questions and at least one 9 |
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278 | 278 | | document supporting your claim before we stop collecting on the debt. 10 |
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279 | 279 | | Within 30 days after we receive this information, we will do all of the 11 |
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280 | 280 | | following: 12 |
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281 | 281 | | 1. Stop all attempts to collect the coerced debt from you. 13 |
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282 | 282 | | 2. Notify you in writing that we are stopping all attempts to collect the debt 14 |
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283 | 283 | | from you. 15 |
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284 | 284 | | 3. Contact the consumer reporting agencies to which we gave information 16 |
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285 | 285 | | about you and the coerced debt and request that they remove the information 17 |
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286 | 286 | | from your credit report. Alternatively, we also have the right to challenge your 18 |
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287 | 287 | | claim of coerced debt in court. 19 |
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288 | 288 | | If you have questions, please contact us at: [Creditor’s name, mailing 20 |
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289 | 289 | | address, telephone number, and email address]. 21 BILL AS INTRODUCED H.385 |
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292 | 292 | | |
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293 | 293 | | VT LEG #379078 v.4 |
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294 | 294 | | For more information, see 9 V.S.A. chapter 63, subchapter 13. 1 |
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295 | 295 | | (i) In connection with any communication related to a debtor’s statement of 2 |
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296 | 296 | | coerced debt, the creditor: 3 |
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297 | 297 | | (1) shall only use the contact information the debtor provides in the 4 |
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298 | 298 | | statement of coerced debt to contact the debtor and shall not use any other 5 |
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299 | 299 | | contact information; 6 |
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300 | 300 | | (2) shall not disclose the contact information the debtor provides in the 7 |
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301 | 301 | | statement of coerced debt to any other person, including the perpetrator of the 8 |
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302 | 302 | | coerced debt or joint account holders, without the debtor’s express written 9 |
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303 | 303 | | authorization; and 10 |
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304 | 304 | | (3) may request that the debtor provide the identity of the perpetrator of 11 |
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305 | 305 | | coerced debt, if known, and contact information for that person if known. 12 |
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306 | 306 | | § 2495d. CIVIL LEGAL REMEDIES 13 |
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307 | 307 | | (a) A debtor is not liable for coerced debt. A debtor may raise as a defense 14 |
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308 | 308 | | in any forum and by any allowable procedure that a particular debt, or portion 15 |
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309 | 309 | | thereof, is coerced debt. 16 |
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310 | 310 | | (b) The debtor establishes a prima facie case that a debt is coerced debt by 17 |
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311 | 311 | | providing a statement of coerced debt and adequate documentation. If the 18 |
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312 | 312 | | creditor has a good faith basis to believe that the debt is not coerced debt, the 19 |
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313 | 313 | | creditor may seek a court order in a court of competent jurisdiction declaring 20 BILL AS INTRODUCED H.385 |
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315 | 315 | | |
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316 | 316 | | |
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317 | 317 | | VT LEG #379078 v.4 |
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318 | 318 | | the debt is not a coerced debt. In such a suit, the creditor has the burden to 1 |
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319 | 319 | | disprove the debt is coerced debt. 2 |
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320 | 320 | | (c) A person who is found to be a perpetrator of coerced debt by a court of 3 |
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321 | 321 | | competent jurisdiction shall be civilly liable to the creditor. The perpetrator of 4 |
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322 | 322 | | coerced debt may also be civilly liable to the debtor to the extent that the 5 |
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323 | 323 | | debtor made payments or incurred costs related to the coerced debt. 6 |
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324 | 324 | | (d) A creditor may use all legal rights and remedies to collect the coerced 7 |
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325 | 325 | | debt from the perpetrator of coerced debt. 8 |
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326 | 326 | | (e) In any court action, the presiding court shall take appropriate steps 9 |
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327 | 327 | | necessary to protect the debtor or an immediate family member of the debtor 10 |
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328 | 328 | | from an alleged perpetrator of coerced debt by, among other things, sealing 11 |
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329 | 329 | | court records, redacting personally identifiable information about the debtor 12 |
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330 | 330 | | and any immediate family member of the debtor, and directing that any 13 |
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331 | 331 | | deposition or evidentiary hearing be conducted remotely. 14 |
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332 | 332 | | (f) Any creditor who fails to comply with any provision of section 2495c of 15 |
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333 | 333 | | this subchapter is liable to the debtor in an amount equal to the sum of: 16 |
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334 | 334 | | (1) any actual damages sustained by the debtor as a result of such 17 |
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335 | 335 | | noncompliance; 18 |
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336 | 336 | | (2)(A) in the case of any action by an individual, such additional 19 |
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337 | 337 | | damages as the court may allow, but not exceeding $5,000.00 per violation 20 |
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338 | 338 | | indexed annually for inflation; or 21 BILL AS INTRODUCED H.385 |
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341 | 341 | | |
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342 | 342 | | VT LEG #379078 v.4 |
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343 | 343 | | (B) in the case of a class action: 1 |
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344 | 344 | | (i) such amount for each named plaintiff as could be recovered 2 |
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345 | 345 | | under subdivision (A) of this subdivision (f)(2); and 3 |
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346 | 346 | | (ii) such amount as the court may allow for all other class 4 |
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347 | 347 | | members, without regard to a minimum individual recovery, not to exceed the 5 |
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348 | 348 | | lesser of $500,000.00 indexed annually for inflation or one per centum of the 6 |
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349 | 349 | | net worth of the debt collector; 7 |
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350 | 350 | | (iii) court costs and reasonable attorney’s fees as determined by 8 |
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351 | 351 | | the court; and 9 |
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352 | 352 | | (iv) punitive damages if the court finds the creditor’s 10 |
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353 | 353 | | noncompliance was willful. 11 |
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354 | 354 | | (g) The provisions of this subchapter apply to lawsuits filed in this State, 12 |
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355 | 355 | | regardless of whether a related contract provides that the law of another state is 13 |
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356 | 356 | | chosen. 14 |
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357 | 357 | | § 2495e. CREDITOR REMEDIES 15 |
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358 | 358 | | Nothing in this subchapter diminishes the rights of a creditor to seek 16 |
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359 | 359 | | payment recovery for a coerced debt from the person who caused the debtor to 17 |
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360 | 360 | | incur the coerced debt. 18 BILL AS INTRODUCED H.385 |
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361 | 361 | | 2025 Page 16 of 20 |
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362 | 362 | | |
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363 | 363 | | |
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364 | 364 | | VT LEG #379078 v.4 |
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365 | 365 | | Sec. 2. DEBT COLLECTION RULES 1 |
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366 | 366 | | On or before January 1, 2027, the Attorney General shall amend Vermont’s 2 |
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367 | 367 | | Consumer Protection Rule 104 on Debt Collection to ensure debt collection 3 |
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368 | 368 | | practices conform with the requirements of 9 V.S.A. chapter 63, subchapter 13. 4 |
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369 | 369 | | Sec. 3. 9 V.S.A. § 2480d is amended to read: 5 |
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370 | 370 | | § 2480d. PROCEDURE IN CASE OF DISPUTED ACCURACY 6 |
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371 | 371 | | (a) If the completeness or accuracy of any item of information contained in 7 |
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372 | 372 | | the consumer’s file is disputed by the consumer and the consumer notifies the 8 |
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373 | 373 | | credit reporting agency directly of such dispute, the agency shall reinvestigate 9 |
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374 | 374 | | free of charge and record the current status of the disputed information on or 10 |
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375 | 375 | | before 30 business days after the date the agency receives notice from the 11 |
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376 | 376 | | consumer. 12 |
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377 | 377 | | (b) On or before five business days after the date a credit reporting agency 13 |
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378 | 378 | | receives notice of a dispute from a consumer in accordance with subsection (a) 14 |
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379 | 379 | | of this section, the agency shall provide notice of the dispute to all persons who 15 |
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380 | 380 | | provided any item of information in dispute. 16 |
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381 | 381 | | (c) Notwithstanding subsection (a) of this section, a credit reporting agency 17 |
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382 | 382 | | may terminate a reinvestigation of information disputed by a consumer under 18 |
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383 | 383 | | such subsection if the agency reasonably determines that such dispute by the 19 |
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384 | 384 | | consumer is frivolous or irrelevant. Upon making such a determination, a 20 |
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385 | 385 | | credit reporting agency shall promptly notify the consumer of such 21 BILL AS INTRODUCED H.385 |
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386 | 386 | | 2025 Page 17 of 20 |
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387 | 387 | | |
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388 | 388 | | |
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389 | 389 | | VT LEG #379078 v.4 |
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390 | 390 | | determination and the reasons therefor, by mail, or if authorized by the 1 |
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391 | 391 | | consumer for that purpose, by telephone. The presence of contradictory 2 |
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392 | 392 | | information in the consumer’s file does not in and of itself constitute 3 |
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393 | 393 | | reasonable grounds for determining the dispute is frivolous or irrelevant. 4 |
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394 | 394 | | (d) In conducting a reinvestigation under subsection (a) of this section, the 5 |
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395 | 395 | | credit reporting agency shall review and consider all relevant information 6 |
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396 | 396 | | submitted by the consumer with respect to such disputed information. 7 |
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397 | 397 | | (e) If, after a reinvestigation under subsection (a) of this section of any 8 |
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398 | 398 | | information disputed by a consumer, the information is found to be inaccurate 9 |
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399 | 399 | | or cannot be verified, the credit reporting agency shall promptly delete such 10 |
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400 | 400 | | information from the consumer’s file. For purposes of this section, 11 |
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401 | 401 | | “information” shall not include other information in the same item that is not 12 |
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402 | 402 | | disputed by the consumer. 13 |
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403 | 403 | | (f) If any information is deleted after a reinvestigation under subsection (a) 14 |
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404 | 404 | | of this section, the information may not be reinserted in the consumer’s file 15 |
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405 | 405 | | after deletion unless the person who furnishes the information reinvestigates 16 |
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406 | 406 | | and states in writing or by electronic record to the agency that the information 17 |
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407 | 407 | | is complete and accurate. Such furnisher shall not provide such statement 18 |
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408 | 408 | | unless the furnisher reasonably believes that the information is complete and 19 |
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409 | 409 | | accurate. Upon such reinvestigation and statement by the furnisher, the credit 20 |
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410 | 410 | | reporting agency shall promptly notify the consumer of any reinsertion. 21 BILL AS INTRODUCED H.385 |
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411 | 411 | | 2025 Page 18 of 20 |
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412 | 412 | | |
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413 | 413 | | |
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414 | 414 | | VT LEG #379078 v.4 |
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415 | 415 | | (g) A credit reporting agency shall provide written notice of the results of 1 |
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416 | 416 | | any reinvestigation under this subsection within five business days of 2 |
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417 | 417 | | following the completion of the reinvestigation, by mail or, if authorized by the 3 |
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418 | 418 | | consumer for that purpose, by telephone. This notice shall include: 4 |
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419 | 419 | | (1) a statement that the reinvestigation is complete; 5 |
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420 | 420 | | (2) a statement of the determination of the agency on the completeness 6 |
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421 | 421 | | or accuracy of the disputed information; 7 |
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422 | 422 | | (3) a credit report that is based upon the consumer’s file as that file is 8 |
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423 | 423 | | revised as a result of the reinvestigation; 9 |
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424 | 424 | | (4) a description of the manner in which the information disputed by the 10 |
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425 | 425 | | consumer has been altered, changed, deleted, or modified in the consumer’s 11 |
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426 | 426 | | credit report; 12 |
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427 | 427 | | (5) a description of the procedure used to determine the accuracy and 13 |
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428 | 428 | | completeness of the information, including the name, business address, and, if 14 |
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429 | 429 | | available, the telephone number of any person contacted in connection with 15 |
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430 | 430 | | such information; and 16 |
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431 | 431 | | (6) a notification that the consumer has the right, pursuant to 15 U.S.C. 17 |
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432 | 432 | | § 1681i, to add a statement to the consumer’s file disputing the accuracy or 18 |
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433 | 433 | | completeness of the information. 19 |
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434 | 434 | | (h) If a consumer asserts that a debt or any portion of a debt is the result of 20 |
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435 | 435 | | coerced debt as defined in subdivision 2495a(3) of this title and provides to the 21 BILL AS INTRODUCED H.385 |
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436 | 436 | | 2025 Page 19 of 20 |
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437 | 437 | | |
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438 | 438 | | |
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439 | 439 | | VT LEG #379078 v.4 |
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440 | 440 | | consumer reporting agency either a court order of relief pursuant to subsection 1 |
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441 | 441 | | 2495d(b) of this title or a statement of coerced debt as defined in subdivision 2 |
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442 | 442 | | 2495a(10) of this title and adequate documentation as defined in subdivision 3 |
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443 | 443 | | 2495a(2) of this title, the consumer reporting agency shall reinvestigate the 4 |
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444 | 444 | | debt pursuant to this section. If after the reinvestigation it is determined that 5 |
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445 | 445 | | the debt is the result of coerced debt, the consumer reporting agency shall 6 |
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446 | 446 | | remove any reference to the debt or any portion of the debt determined to be 7 |
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447 | 447 | | the result of coerced debt from the consumer’s credit report. As used in this 8 |
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448 | 448 | | section, “statement of coerced debt” means a signed statement that includes: 9 |
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449 | 449 | | (1) an assertion that the debtor is a survivor of domestic abuse, 10 |
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450 | 450 | | economic abuse, or human trafficking; 11 |
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451 | 451 | | (2) a recitation of the facts supporting the claim that the debt is coerced; 12 |
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452 | 452 | | and 13 |
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453 | 453 | | (3) if only a portion of the debt is claimed to be coerced debt, an 14 |
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454 | 454 | | itemization of the portion of the debt that is claimed to be coerced debt. 15 |
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455 | 455 | | Sec. 4. 9 V.S.A. § 2480k is amended to read: 16 |
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456 | 456 | | § 2480k. COMPLAINTS TO LAW ENFORCEMENT AGENCIES 17 |
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457 | 457 | | A person who has learned or reasonably suspects that his or her the person’s 18 |
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458 | 458 | | personal identifying information has been unlawfully used by another, as 19 |
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459 | 459 | | described in 13 V.S.A. § 2030(a) 2030, may make a complaint about the 20 |
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460 | 460 | | unlawful use of personal identifying information to the State Police or to the 21 BILL AS INTRODUCED H.385 |
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461 | 461 | | 2025 Page 20 of 20 |
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462 | 462 | | |
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463 | 463 | | |
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464 | 464 | | VT LEG #379078 v.4 |
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465 | 465 | | person’s local law enforcement agency. The law enforcement agency shall 1 |
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466 | 466 | | take the complaint and provide the complainant with a copy of the complaint, 2 |
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467 | 467 | | the name of the law enforcement officer taking the complaint, and an incident 3 |
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468 | 468 | | number or case number assigned to the complaint by the law enforcement 4 |
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469 | 469 | | agency. If the suspected crime was committed in a different jurisdiction, the 5 |
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470 | 470 | | law enforcement agency shall take the complaint and provide the complainant 6 |
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471 | 471 | | with a copy of the complaint, the name of the law enforcement officer taking 7 |
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472 | 472 | | the complaint, and an incident number or case number assigned to the 8 |
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473 | 473 | | complaint by the law enforcement agency and refer the complaint to a law 9 |
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474 | 474 | | enforcement agency in that different jurisdiction. 10 |
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475 | 475 | | Sec. 5. EFFECTIVE DATE 11 |
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476 | 476 | | This act shall take effect on July 1, 2026. 12 |
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