Question 1

What is Vermont’s double opt-in rule for subscriptions?

Accepted Answer

Under 9 V.S.A. §2454a(a)(2), an automatic-renewal provision is enforceable only if, "in addition to accepting the contract, the consumer takes an affirmative action to opt in to the automatic renewal provision" (9 V.S.A. §2454a(a)(2)) — accepting the contract is not enough; the consumer must take a second, separate affirmative action agreeing to the automatic renewal specifically. No other state requires this.

Question 2

Does Vermont’s auto-renewal law cover monthly subscriptions?

Accepted Answer

No — §2454a only reaches contracts with an initial term of ONE YEAR OR LONGER that renew for a term LONGER THAN ONE MONTH. Month-to-month streaming or app subscriptions are categorically outside the statute; the free AG route (Vermont Consumer Assistance Program) and card-network disputes remain.

Question 3

What can I recover under Vermont law for an illegal auto-renewal?

Accepted Answer

A violation is a per-se unfair and deceptive act ("A person who violates a provision of this section commits an unfair and deceptive act in commerce in violation of section 2453 of this title" (9 V.S.A. §2454a(c))), and the consumer "may sue and recover from the seller, solicitor, or other violator the amount of his or her damages, or the consideration or the value of the consideration given by the consumer, reasonable attorney's fees, and exemplary damages not exceeding three times the value of the consideration given by the consumer. Any language, written or oral, used by a seller or solicitor, that attempts to exclude or modify recovery of the penalty or reasonable attorney's fees shall be unenforceable" (9 V.S.A. §2461(b)) — note the fees are mandatory and the fee-recovery cannot be waived by contract language.

Question 4

Does a Vermont seller get a safe harbor if the renewal was a mistake?

Accepted Answer

No — §2454a contains no statutory safe harbor, unlike California, Illinois, DC, Florida or Delaware. The letter leverage is the mandatory attorney fees plus exemplary exposure of up to three times the consideration.

Duty	Citation	Effective from	Conditions
Disclose the automatic-renewal provision clearly and conspicuously in plain, unambiguous language in bold-face type	9 V.S.A. §2454a(a)(1)	2019-07-01	initial term ≥ 12 mo; renewal term ≥ 2 mo
Obtain a SEPARATE affirmative opt-in to the automatic-renewal provision, "in addition to accepting the contract" — a double opt-in, the strongest consent standard of any state; a sign-up flow with no separate renewal opt-in action is non-compliant on its face	9 V.S.A. §2454a(a)(2)	2019-07-01	initial term ≥ 12 mo; renewal term ≥ 2 mo
Written or electronic notice 30-60 days before the EARLIEST of the renewal date, the termination date, or the cancellation deadline	9 V.S.A. §2454a(a)(3)	2019-07-01	initial term ≥ 12 mo; renewal term ≥ 2 mo

Vermont: double opt-in or the renewal is unenforceable — if your contract is long enough

The duties

The double opt-in, verbatim

No gift theory here

What you can actually demand