State v. Custom Pools, No. 86-079
| Docket Nº | No. 86-079 |
| Citation | 150 Vt. 533, 556 A.2d 72 |
| Case Date | November 18, 1988 |
| Court | United States State Supreme Court of Vermont |
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v.
CUSTOM POOLS, Chemical Bank and Gramatan Home Investors.
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[150 Vt. 534] Jeffrey L. Amestoy, Atty. Gen., Denise R. Johnson and Susan M. Sussman, Asst. Attys. Gen., Montpelier, for plaintiff-appellant.
Robert S. DiPalma of Paul, Frank & Collins, Inc., Burlington, for defendant-appellee, Gramatan.
Spencer R. Knapp and George A. Holoch, Jr. of Dinse, Erdmann & Clapp, Burlington, for defendant-appellee, Chemical Bank.
Present [150 Vt. 533] DOOLEY and MAHADY, JJ., and BARNEY, C.J. (Ret.), KEYSER, J. (Ret.) and Springer, District Judge (Ret.), Specially Assigned.
[150 Vt. 534] MAHADY, Justice.
This appeal, brought by the State of Vermont, requires us to determine the authority of the Attorney General to proceed under the Consumer Fraud Act, 9 V.S.A. § 2451 et seq., against the holders of notes and mortgages obtained by their assignor in violation of the Act. The trial court found no such authority. We disagree and reverse.
I.
Defendant, Custom Pools, Inc., ("Custom") engaged in the business of the home solicitation sale, installation and service of above-ground swimming pools. Custom advertised quality swimming pools which would sell for $629.00. Consumers who responded to the advertisements would be visited at their home by a salesperson. The salesperson would disparage the $629.00 pool and would "switch" the consumer to pools which sold for prices ranging from $3,200.00 to $5,000.00. Various representations concerning the pools were made by the salesperson. Material representations proved to be false.
If a sale was made, Custom would arrange financing for the consumer with defendant Gramatan Home Investors Corporation ("Gramatan"). The salesperson obtained the consumer's signature on second mortgage documents encumbering the consumer's home without the knowledge of the consumer. This was accomplished by having the consumer sign a series of documents attached to a clipboard in a manner that allowed only the top sheet, [150 Vt. 535] usually the retail installment contract, to be fully visible. The mortgage deeds were subsequently notarized by notaries public before whom the consumer did not appear.
The contract and mortgage forms were supplied to Custom by Gramatan. Gramatan also instructed Custom's sales personnel as to the method of filling out these documents. These instructions did not include a directive to leave a copy of the mortgage documents with the consumer. Subsequent to a sale, Gramatan would call the consumer to inquire whether the pool had been installed. No inquiries were made concerning the consumer's knowledge of the mortgage.
Pursuant to written agreements, Gramatan sold the installment contracts and mortgages to Chemical Bank ("Chemical"). Chemical paid Gramatan the net amount of the obligation paid by Gramatan to Custom plus the difference between the finance charge which had been disclosed to the consumer and a finance charge that would apply at certain add-on rates for specific
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Horton v. Prof'l Bureau of Collections of Md., Inc., No. 15-0692
...have difficulty proving their case under a more traditional cause of action . As suggested by the court in State v. Custom Pools, 150 Vt. 533, 536, 556 A.2d 72, 74 (1988), "[i]t must be our primary objective to give meaning and effect to this legislative purpose." Where an act is clearly re......
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Barr v. Ncb Mgmt. Serv. Inc., No. 35709.
...otherwise have difficulty proving their case under a more traditional cause of action. As suggested by the court in State v. Custom Pools, 150 Vt. 533, 536, 556 A.2d 72, 74 (1988), “[i]t must be our primary objective to give meaning and effect to this legislative purpose.” Where an act is c......
-
Bergman v. Spruce Peak Realty, LLC, Case No. 2:11–cv–128.
...the remedy and all the purposes intended.’ ” Elkins v. Microsoft Corp., 174 Vt. 328, 817 A.2d 9, 13 (2002) (quoting State v. Custom Pools, 150 Vt. 533, 556 A.2d 72, 74 (1988)). The VCFA does not impose a citizenship requirement in order to invoke its protections, but in plain language exten......
-
Powell v. Bank of Am., N.A., Civil Action No. 2:11–00335.
...otherwise have difficulty proving their case under a more traditional cause of action. As suggested by the court in State v. Custom Pools, 150 Vt. 533, 536, 556 A.2d 72, 74 (1988), “[i]t must be our primary objective to give meaning and effect to this legislative purpose.” Where an act is c......
-
Horton v. Prof'l Bureau of Collections of Md., Inc., No. 15-0692
...have difficulty proving their case under a more traditional cause of action . As suggested by the court in State v. Custom Pools, 150 Vt. 533, 536, 556 A.2d 72, 74 (1988), "[i]t must be our primary objective to give meaning and effect to this legislative purpose." Where an act is clearly re......
-
Barr v. Ncb Mgmt. Serv. Inc., No. 35709.
...otherwise have difficulty proving their case under a more traditional cause of action. As suggested by the court in State v. Custom Pools, 150 Vt. 533, 536, 556 A.2d 72, 74 (1988), “[i]t must be our primary objective to give meaning and effect to this legislative purpose.” Where an act is c......
-
Bergman v. Spruce Peak Realty, LLC, Case No. 2:11–cv–128.
...the remedy and all the purposes intended.’ ” Elkins v. Microsoft Corp., 174 Vt. 328, 817 A.2d 9, 13 (2002) (quoting State v. Custom Pools, 150 Vt. 533, 556 A.2d 72, 74 (1988)). The VCFA does not impose a citizenship requirement in order to invoke its protections, but in plain language exten......
-
Powell v. Bank of Am., N.A., Civil Action No. 2:11–00335.
...otherwise have difficulty proving their case under a more traditional cause of action. As suggested by the court in State v. Custom Pools, 150 Vt. 533, 536, 556 A.2d 72, 74 (1988), “[i]t must be our primary objective to give meaning and effect to this legislative purpose.” Where an act is c......