Law / United States / 
Vermont
Brokered personal information: prohibited acquisition and use
In force since .
A data brokers rule binding private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- This binds any person, not only a data broker: do not acquire brokered personal information (as section 2430 defines the term) through fraudulent means.
- Do not acquire or use brokered personal information for the purpose of stalking or harassing another person, committing a fraud (including identity theft, financial fraud or email fraud), or engaging in unlawful discrimination (including employment discrimination and housing discrimination).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 2431(b)(1) makes a violation an unfair and deceptive act in commerce under section 2453, and section 2431(b)(2) gives the Attorney General the authority to bring civil actions as provided under chapter 63, subchapter 1. Section 2458(b)(1) in that subchapter allows the court, in an action by the Attorney General or a State's Attorney, to impose a civil penalty of not more than $10,000.00 for each unfair or deceptive act or practice in commerce. Section 2431 states no penalty of its own.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Who enforces it
Enforcement body
Vermont Attorney General, who has the same authority to adopt rules, conduct civil investigations, enter into assurances of discontinuance, bring civil actions and take other enforcement actions as provided under chapter 63, subchapter 1 of title 9 (9 V.S.A. section 2431(b)(2) in the version in force until ). A violation is an unfair and deceptive act in commerce in violation of section 2453 (section 2431(b)(1)).
What this law does
A person must not acquire brokered personal information through fraudulent means. A person must not acquire or use brokered personal information for the purpose of stalking or harassing another person, committing a fraud, including identity theft, financial fraud or email fraud, or engaging in unlawful discrimination, including employment discrimination and housing discrimination. The prohibitions in subsection (a) bind any person and have applied since .
A person who violates the section commits an unfair and deceptive act in commerce in violation of section 2453 of title 9. The Attorney General has the same authority to adopt rules to implement the section and to conduct civil investigations, enter into assurances of discontinuance, bring civil actions and take other enforcement actions as provided under chapter 63, subchapter 1 of that title.
When LexLint raises it
When your app profile says your app crawls the web or tracks devices.