Heath v. Palmer, 2006 VT 125 (2006)

Citation: Heath v. Palmer, 2006 VT 125 (2006)
Parent Document: Heath v. Palmer, 2006 VT 125 (2006)
Jurisdiction: Vermont (state)
Effective Date: 2006-11-20
Original Source: https://www.courtlistener.com/opinion/2092056/heath-v-palmer/ ↗

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¶ 13. Plaintiffs raise a variety of additional claims, none of which is persuasive. *1296 First, they contend that the court erred in rejecting their claim under the Consumer Fraud Act, 9 V.S.A. §§ 2451-2463(Act). The Act makes unlawful "unfair or deceptive acts or practices in commerce," id. § 2453(a), and provides a private right of action for a "consumer who contracts for goods or services in reliance upon false or fraudulent representations or practices prohibited by section 2453." Id. § 2461(b). Plaintiffs' consumer fraud claim is premised on defendants' representation that they "take pride in offering cost efficient, quality construction with exceptional value." Plaintiff Joanne Heath also testified that defendant Palmer personally vouched for the value and quality of the construction.

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