Goodwin v. Franklin (2012)

Citation: Goodwin v. Franklin (2012)
Parent Document: Goodwin v. Franklin (2012)
Jurisdiction: Vermont (state)
Effective Date: 2012-12-20
Original Source: https://www.courtlistener.com/opinion/4489763/goodwin-v-franklin/ ↗

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To make out a claim for consumer fraud pursuant to 9 V.S.A. § 2453(a), a
complainant must establish three elements concerning a representation or omission made
to a plaintiff: “(1) the representation or omission at issue was likely to mislead
consumers; (2) the consumer's interpretation of the representation was reasonable under
the circumstances; and (3) the misleading representation was material in that it affected
the consumer's purchasing decision.” Jordan v. Nissan N. America, Inc., 2004 VT 27, ¶
5, 176 Vt. 465 (citations omitted). “A landlord can commit a deceptive act prohibited by
§ 2453(a) when a landlord rents property to a tenant that is in violation of law.”
L’Esperance v. Benware, 2003 VT 43, ¶ 14, 175 Vt. 292 (citing Bisson v. Ward, 160 Vt.
343, 351 (1993)). In Bisson, the landlords rented an apartment to a tenant knowing that
the unit was in violation of health and safety codes because it did not have a certificate of
occupancy. Bisson, 160 Vt. at 351.

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