Vermont has a robust and wide-ranging consumer protection statute, 9 V.S.A. § 2451 et seq. Previously known as the Consumer Fraud Act, the Consumer Protection Act can be enforced by the Vermont Attorney General or private plaintiffs. Given Vermont’s low pleading standard, it can be difficult for a company to dismiss a consumer protection claim. Another challenge in defending Consumer Protection Act claims is that the Act has a one-way fee shifting provision, meaning that if the State or private plaintiff win, they can recover attorneys’ fees, but the converse is not true.
Sheehey’s litigation team has significant experience defending consumer protection claims, both against the Attorney General’s office and against private plaintiffs. Sheehey attorneys Ian Carleton, Kevin Lumpkin, and Alex Nelson defended the makers of Five-Hour Energy® against a lawsuit brought by the Vermont Attorney General for deceptive marketing practices. The Sheehey team defended the claim for many years, holding the Attorney General’s office to its discovery obligations through motion practice, and the matter settled favorably on the eve of trial.
Sheehey’s litigation team has also defended other consumer protection suits brought by the attorney general, both in state court in the Civil Division of the Washington Unit and in federal court in the District of Vermont. Kevin has defended telecommunications providers, medical providers, manufacturers of consumer products, and other local and national companies against Attorney General suits. Sheehey also represents companies in responding to civil investigative demands, which the Attorney General often issues prior to commencing litigation against a target company.
Sheehey also has significant experience in defending consumer protection claims brought by private Plaintiffs. Retired Sheehey attorney Jeff Behm, together with Kevin Lumpkin, defended a gasoline wholesaler-retailer accused by private plaintiffs in a class action suit of anti-competitive practices. Ian Carleton represented the Dairy Farmers of America in a federal lawsuit alleging monopolistic practices.
Sheehey litigators regularly serve as local counsel to national law firms defending consumer protection claims in Vermont state and federal courts. Our team knows the local rules, customs, and judges, and knows how to work cooperatively with national counsel to best suit the client’s needs.
Learn more about Sheehey’s litigation team here or get in touch.
