CHAPTER 669*
REGULATED ACTIVITIES

*Creditors' Collection Practices Act (CCPA) cited. 231 C. 707, 713, 715, 716, 718.

PART I*
CREDITORS' COLLECTION PRACTICES

*See chapter 669, Part III, (Sec. 36a-675 et seq.) re Truth-in-Lending Act.
See Sec. 36a-800 et seq. re consumer collection agencies.
Annotations to former chapter 647a (Sec. 36-243a et seq.):
Creditors collection practices act, (CCPA) cited; Secs. 36-243a−36-243c cited. 216 C. 458, 460, 481−483.

Sec. 36a-645. (Formerly Sec. 36-243a). Definitions. As used in sections 36a-645 to 36a-647, inclusive, unless the context otherwise requires:
(1) "Consumer debtor" means any natural person residing in this state who owes a debt to a creditor.
(2) "Creditor" means any person to whom a debt is owed by a consumer debtor and such debt results from a transaction occurring in the ordinary course of such person's business. "Creditor" shall not include a consumer collection agency, as defined in section 36a-800, or any department or agency of the United States, this state, any other state, or any political subdivision thereof.
(3) "Debt" means an obligation or alleged obligation arising out of a transaction in which the money, property, goods or services which are the subject of the transaction are for personal, family or household purposes, whether or not such obligation has been reduced to judgment.
(P.A. 77-418, S. 1; 77-614, S. 161, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 252, 345, 348; P.A. 87-9, S. 2, 3; P.A. 91-357, S. 53, 78; P.A. 92-12, S. 70; P.A. 94-122, S. 293, 340; P.A. 97-207, S. 1.)
History: P.A. 77-614 and P.A. 78-303 replaced bank commissioner with banking commissioner and made banking department a division within the department of business regulation, effective January 1, 1979; P.A. 80-482 restored banking division as independent department with commissioner as its head and abolished the department of business regulation, thereby allowing revision of commissioner's title to omit reference to that department; (Revisor's note: Pursuant to P.A. 87-9 "banking commissioner" was changed editorially by the Revisors to "commissioner of banking"); P.A. 91-357 made a technical change in Subsec. (c); P.A. 92-12 redesignated Subdivs.; P.A. 94-122 deleted the definitions of "person" and "commissioner" and alphabetized the remaining definitions, effective January 1, 1995; Sec. 36-243a transferred to Sec. 36a-645 in 1995; P.A. 97-207 redefined "consumer debtor", "creditor" and "debt", and deleted definition of "credit".
Annotations to former section 36-243a:
Cited. 231 C. 707, 727.

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Sec. 36a-646. (Formerly Sec. 36-243b). Prohibited acts. No creditor shall use any abusive, harassing, fraudulent, deceptive or misleading representation, device or practice to collect or attempt to collect any debt.
(P.A. 77-418, S. 2.)
History: Sec. 36-243b transferred to Sec. 36a-646 in 1995.
Annotations to former section 36-243b:
Cited. 216 C. 458, 482. Cited. 231 C. 707, 713.

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Sec. 36a-647. (Formerly Sec. 36-243c). Enforcement powers of commissioner. Regulations. (a) The commissioner may adopt such regulations in accordance with the provisions of chapter 54 as may be necessary to carry out the purposes of sections 36a- 645 to 36a-647, inclusive, including, but not limited to, specifying those acts which are deemed to be in violation of section 36a-646.
(b) The commissioner may receive and investigate complaints and may receive assurances of voluntary compliance with the provisions of sections 36a-645 to 36a-647, inclusive, or forward such complaints to the appropriate prosecuting officials at the commissioner's discretion. No action taken by the commissioner against a creditor in accordance with section 36a-50 relieves the creditor from civil liability.
(c) Whenever the commissioner has reason to believe that any person has violated, is violating or is about to violate any provision of sections 36a-645 to 36a-647, inclusive, or any regulation adopted under this section, the commissioner may take action against such person in accordance with section 36a-50.
(d) Nothing contained in sections 36a-645 to 36a-647, inclusive, shall be construed as a limitation upon the power or authority of the state, the Attorney General or the commissioner to seek administrative, legal or equitable relief as provided by other statutes or at common law.
(P.A. 77-418, S. 3; P.A. 82-174, S. 3, 14; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 94- 122, S. 294, 340.)
History: P.A. 82-174 amended Subsec. (b) by authorizing the commissioner to issue, after notice, cease and desist orders, unless a hearing is requested, and authorizing him to bring an action to enforce any such order; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-243c transferred to Sec. 36a-647 in 1995.

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Secs. 36a-648 to 36a-654. Reserved for future use.

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PART II
DEBT ADJUSTERS

Sec. 36a-655. (Formerly Sec. 36-364). Definitions. As used in sections 36a-655 to 36a-665, inclusive, "bona fide nonprofit organization" means an individual, partnership, corporation, limited liability company, association, organization or other person in the operation of which no shareholder, member, director, officer, partner, employee, agent or other affiliated person profits financially other than receiving reasonable salaries if applicable, and which provides debt adjustment services for individuals at no cost or at a cost not exceeding that required to defray necessary, reasonable and bona fide expenses in order to provide such services; and "debt adjustment" means receiving, as agent of a debtor, money or evidences thereof for the purpose of distributing such money or evidences thereof among creditors in full or partial payment of obligations of the debtor.
(1967, P.A. 882, S. 1; P.A. 77-614, S. 161, 610; P.A. 79-160, S. 1; P.A. 80-482, S. 258, 345, 348; P.A. 87-9, S. 2, 3; P.A. 94-122, S. 295, 340; P.A. 95-79, S. 135, 189.)
History: P.A. 77-614 replaced bank commissioner with banking commissioner within the department of business regulation and made banking department a division within that department, effective January 1, 1979; P.A. 79-160 defined "bona fide nonprofit organization" and deleted reference to receipt of fee or compensation in definition of "debt adjustment"; P.A. 80-482 restored banking division as independent department and abolished the department of business regulation, allowing revision of commissioner's name to omit reference to abolished department; (Revisor's note: Pursuant to P.A. 87-9 "banking commissioner" was changed editorially by the Revisors to "commissioner of banking"); P.A. 94-122 deleted the definition of "commissioner", effective January 1, 1995; Sec. 36-364 transferred to Sec. 36a-655 in 1995; P.A. 95-79 redefined "bona fide nonprofit organization" to include a limited liability company, effective May 31, 1995.

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Sec. 36a-656. (Formerly Sec. 36-365). Debt adjustment limited to nonprofit organizations. License application and requirements. No person, other than a bona fide nonprofit organization, shall engage in the business of debt adjustment in this state. No bona fide nonprofit organization shall engage in the business of debt adjustment in this state without a license issued in accordance with the provisions of sections 36a-655 to 36a-665, inclusive. Any bona fide nonprofit organization desiring to obtain such a license shall file with the commissioner an application in writing, under oath, setting forth such information as the commissioner may require. Each applicant for a license and each licensee shall notify the commissioner of any material changes in the applicant's business from that stated in the application for a license including, but not limited to, any changes in location or additional locations of the business. Except as provided in section 36a-657, a license issued under sections 36a-655 to 36a-665, inclusive, shall be effective as long as the licensee remains in the business of debt adjustment.
(1967, P.A. 882, S. 2; P.A. 79-160, S. 2; P.A. 94-122, S. 296, 340.)
History: P.A. 79-160 made provisions applicable to bona fide nonprofit organizations rather than to persons, firms or corporations generally, replaced detailed provisions re contents of application with statement re information required by commissioner, added provisions re notification of changes in business, location, number of offices, etc. and specified that license continues in effect as long as licensee continues in debt adjustment business, deleting former Subsecs. (b) to (e) which had required informing commissioner of contract intended to be used and any changes thereto, which had set June thirtieth as annual expiration date, which had required appointment of commissioner as applicant's agent for service of process and which had required that application contain names of persons, firms and corporations with financial interest in the business; P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-365 transferred to Sec. 36a-656 in 1995.

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Sec. 36a-657. (Formerly Sec. 36-369). Denial, revocation or suspension of license. The commissioner may deny any application for a license under sections 36a- 655 to 36a-665, inclusive. The commissioner may revoke or suspend any license under said sections in accordance with section 36a-51 for the following causes: (1) Conviction of a crime involving moral turpitude; (2) violation of any provision of sections 36a-655 to 36a-665, inclusive; (3) fraud or deceit or, if the licensee was not at the time of application and still is not entitled to obtain a license under said sections, material error in procuring the issuance of a license under said sections; (4) the licensee no longer meets the requirements necessary to obtain a license under said sections; (5) maintenance of a continuous course of unfair conduct, or (6) insolvency, commencement of any proceeding in bankruptcy, receivership, or assignment for the benefit of creditors by any licensee or applicant for a license under said sections.
(1967, P.A. 882, S. 6; P.A. 79-160, S. 3; P.A. 82-174, S. 11, 14; P.A. 94-122, S. 297, 340.)
History: P.A. 79-160 rephrased provisions, added in Subdiv. (3) ground of material error if licensee was not at time of application entitled to obtain license and remains unentitled to do so, inserted new Subdiv. (4) and renumbered former Subdivs. (4) and (5) accordingly; P.A. 82-174 replaced the provision that the commissioner may revoke or suspend a license after notice and hearing with provisions concerning the form and manner of the notice and authorizing the commissioner to revoke or suspend a license "after allowing the licensee a reasonable opportunity to be heard"; P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-369 transferred to Sec. 36a-657 in 1995.

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Sec. 36a-658. (Formerly Sec. 36-370). Posting of license. Nontransferable. Business of licensee. Each license or a copy thereof shall be posted conspicuously in each office of the licensee. No license shall be transferable or assignable. The licensee shall be limited solely to the business of debt adjustment and any other business which does not conflict with the interests of persons for whom the licensee is adjusting debts or with the business of debt adjustment.
(1967, P.A. 882, S. 7; P.A. 79-160, S. 4.)
History: P.A. 79-160 rephrased prior provisions, authorized conduct of business which does not conflict with interests of clients or business of debt adjustment and deleted provision prohibiting change in office location unless authorized by commissioner, but see Sec. 36-365 for similar prohibition; Sec. 36-370 transferred to Sec. 36a-658 in 1995.

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Sec. 36a-659. (Formerly Sec. 36-372). Separate bank account for benefit of debtors. Books and records. Each licensee shall maintain a separate bank account for the benefit of debtors in which all payments received from debtors for the benefit of creditors shall be deposited and in which all payments shall remain until a remittance is made to either a debtor or a creditor. Every licensee shall keep, and use in the licensee's business, books, accounts and records which will enable the commissioner to determine whether such licensee is complying with the provisions of sections 36a-655 to 36a-665, inclusive, and with the regulations of the commissioner. Every licensee shall preserve such books, accounts and records for at least seven years after making the final entry on any transaction recorded therein.
(1967, P.A. 882, S. 9; P.A. 94-122, S. 298, 340.)
History: P.A. 94-122 changed "his" to "the licensee's", effective January 1, 1995; Sec. 36-372 transferred to Sec. 36a- 659 in 1995.

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Sec. 36a-660. (Formerly Sec. 36-375). Licensee's duties. Each licensee shall: (1) Keep complete and adequate records during the term of the contract and for a period of seven years from the date of cancellation or completion of the contract with each debtor, which records shall contain complete information regarding the contract, extensions thereof, payments, disbursements and charges, and shall be open to inspection by the commissioner during normal business hours; (2) make remittances to creditors within a reasonable time after receipt of any funds, less prorated fees and costs, unless the reasonable payment of one or more of the debtor's obligations requires that such funds be held for a longer period so as to accumulate a sum certain; and (3) furnish the debtor a written statement of the debtor's account within a reasonable time after the debtor may request it and within ninety days after the completion of the adjustment of the debtor's debts, and shall furnish the debtor a verbal accounting at any time the debtor may request it during normal business hours.
(1967, P.A. 882, S. 12; P.A. 79-160, S. 6; P.A. 94-122, S. 299, 340.)
History: P.A. 79-160 required that remittances to creditors be made "within a reasonable time" rather than within ten days, required that statement of account be likewise made within reasonable time after debtor requests it and in all cases within ninety days after adjustment completed rather than made each ninety days and deleted former Subsecs. (b) and (c) which required that budget analysis indicate debtor can meet requirements and that debtors have full benefit of any compromise of debt arranged by a licensee with any one or more creditors; P.A. 94-122 deleted "and his duly appointed agents" from Subdiv. (1) and changed "his" to "the debtor's" in Subdiv. (2), effective January 1, 1995; Sec. 36-375 transferred to Sec. 36a-660 in 1995.

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Sec. 36a-661. (Formerly Sec. 36-376). Prohibited acts. No licensee shall: (1) Purchase from a creditor any obligation of a debtor; (2) operate as a collection agent and as a licensee as to the same debtor's account; (3) execute any contract or agreement to be signed by the debtor unless the contract or agreement is fully and completely filled in and finished; (4) pay any bonus or other consideration to any person for the referral of a debtor to the licensee's business or accept or receive any bonus, commission or other consideration for referring any debtor to any person for any reason, or (5) advertise, display, distribute, broadcast or televise or permit to be displayed, advertised, distributed, broadcast or televised the licensee's services, rates or terms in any manner whatsoever wherein any false, misleading or deceptive statement or representation is made with regard to the services to be performed by the licensee or the charges to be made therefor.
(1967, P.A. 882, S. 13; P.A. 79-160, S. 7; P.A. 94-122, S. 300, 340.)
History: P.A. 79-160 deleted former Subdiv. (4) prohibiting receipt or charge of fee in form of promissory note or other promise to pay or receipt or acceptance of wage assignment, mortgage or other security for any fee, renumbering remaining Subsecs. accordingly; P.A. 94-122 changed "his" to "the licensee's", effective January 1, 1995; Sec. 36-376 transferred to Sec. 36a-661 in 1995.

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Sec. 36a-662. (Formerly Sec. 36-377). Regulations. The commissioner may adopt such regulations, in accordance with chapter 54, as the commissioner deems necessary to administer and enforce the provisions of sections 36a-655 to 36a-665, inclusive.
(1967, P.A. 882, S. 14; P.A. 94-122, S. 301, 340.)
History: P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-377 transferred to Sec. 36a-662 in 1995.

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Sec. 36a-663. (Formerly Sec. 36-378). Exceptions. The provisions of sections 36a-655 to 36a-665, inclusive, shall not apply to the following: (1) Any attorney admitted to the practice of law in this state, when engaged in such practice; (2) any bank, fiduciary or financing or lending institution authorized to transact business in this state or any other state, which performs debt adjustment in the regular course of its principal business; (3) any title insurance or abstract company authorized to transact business in this state or any other state, while doing an escrow business; and (4) any person acting pursuant to any law of this state or of the United States or acting under the order of a court.
(1967, P.A. 882, S. 15; P.A. 73-357; P.A. 79-160, S. 8; P.A. 92-67, S. 8, 9.)
History: P.A. 73-357 added Subsec. (b) exempting bona fide nonprofit cooperative organizations offering debt adjustment services exclusively for members from chapter provisions except Secs. 36-364, 36-371, 36-372, 36-374, 36-375, 36- 376, 36-377, 36-379 and 36-381; P.A. 79-160 deleted exemption from bona fide nonprofit, religious, fraternal or cooperative organization (Subsec. (a)(5) and Subsec. (b)) and exemption for employees of licensees when acting in the regular course of employment; P.A. 92-67 added exception for banks, fiduciaries or financing or lending institutions authorized to transact business in any other state; Sec. 36-378 transferred to Sec. 36a-663 in 1995.

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Sec. 36a-664. (Formerly Sec. 36-380). Reference to bond or state approval prohibited. No licensee shall use, attempt to use or make reference to, either directly or indirectly, any word or phrase which states or implies that the licensee is bonded, approved, bonded by the state or approved by the state.
(1967, P.A. 882, S. 17; P.A. 94-122, S. 302, 340.)
History: P.A. 94-122 changed "he" to "the licensee", effective January 1, 1995; Sec. 36-380 transferred to Sec. 36a- 664 in 1995.

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Sec. 36a-665. (Formerly Sec. 36-381). Penalties. (a) Any person who engages in debt adjustment without a license as required by sections 36a-655 to 36a-665, inclusive, shall be fined not more than one thousand dollars or imprisoned more than one year, or both, for each violation. Each day on which a person engages in debt adjustment without a license as required by said sections shall be construed as a separate violation.
(b) Any person who violates any other provision of sections 36a-655 to 36a-665, inclusive, shall be fined not more than one thousand dollars for the first offense, and for each subsequent offense shall be fined not more than one thousand dollars and imprisoned not less than thirty days nor more than one year.
(1967, P.A. 882, S. 18; P.A. 79-160, S. 9.)
History: P.A. 79-160 made no change; Sec. 36-381 transferred to Sec. 36a-665 in 1995.

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Secs. 36a-666 to 36a-674. Reserved for future use.

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PART III*
TRUTH-IN-LENDING ACT

*Annotations to former chapter 657 (Sec. 36-393 et seq.):
Sec. 36-393 et seq., Conn. truth-in-lending act, cited. 205 C. 319, 320, 322. Cited. 223 C. 80, 103.
Secs. 36-393−36-417, Conn. truth-in-lending laws, cited. 12 CA 670, 671−673. Secs. 36-393−36-417, Connecticut Truth in lending act, cited. 18 CA 16, 18. Truth-in-lending act Sec. 36-393 et seq. cited. 27 CA 628, 629, 631, 632.
Cited. 34 CS 154, 155. Cited. 35 CS 508, 509. Sections 36-393 through 36-417 cited. 36 CS 506, 508, 509, 511, 512. Federally chartered banking institution subject to Federal Truth-in-Lending Act. Id., 512. Since extension of credit was to other than a natural person, transaction was not a consumer credit transaction and disclosure provisions of chapter did not apply. 36 CS 158, 159. Cited. Id., 183, 193. Cited. Id., 629, 630. Cited. 37 CS 606, 607.

Sec. 36a-675. (Formerly Sec. 36-416). Short title: Truth-in-Lending Act. Sections 36a-675 to 36a-685, inclusive, shall be known and may be cited as the "Truth-in- Lending Act".
(1969, P.A. 454, S. 24.)
History: Sec. 36-416 transferred to Sec. 36a-675 in 1995; (Revisor's note: In 1997 the Revisors editorially reinstated the word "shall" before the words "be known and may be cited" to correct a clerical error in the preparation of the 1995 revision).

Sec. 36a-677. (Formerly Sec. 36-393a). State policy. (a) It is the policy of this state to promote increased competition among the various businesses engaged in the extension of consumer credit or in the leasing of consumer goods and to serve the interests of consumers of credit and leased goods by requiring meaningful disclosure of credit and lease terms so that prospective debtors and lessees have the opportunity to compare more readily the various credit and lease terms available to them and the opportunity to avoid the uninformed use of credit and leases.
(b) It is also the policy of this state to provide that this state administer and enforce the requirements for such disclosures of credit and lease terms for transactions in this state.
(c) It is also the policy of this state to avoid duplication between the federal government and the government of this state in the administration and enforcement of statutes which are designed to accomplish an identical purpose, and therefore to obtain an exemption from the Consumer Credit Protection Act by subjecting various classes of credit and lease transactions in this state to requirements which are substantially similar to those imposed under said federal act.
(P.A. 81-158, S. 2, 17; P.A. 82-18, S. 2, 4; 82-472, S. 114, 183.)
History: P.A. 82-18 changed effective date of P.A. 81-158 from March 31, 1982, to "the effective date of Title VI of Public Law 96-221, as contained in Section 625(a) of Public Law 96-221, as amended", i.e. October 1, 1982; P.A. 82-472 made technical changes and corrections; Sec. 36-393a transferred to Sec. 36a-677 in 1995.
Annotations to former section 36-393a:
Subsec. (a):
Cited. 27 CA 628, 631.

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Sec. 36a-678. (Formerly Sec. 36-393b). Compliance with Consumer Credit Protection Act. Exempt transactions. (a) Except as otherwise provided in sections 36a-675 to 36a-685, inclusive, or regulations adopted by the commissioner, each person shall comply with all provisions of the Consumer Credit Protection Act (15 USC 1601 et seq.) which apply to such person.
(b) Any transaction which is exempt from the provisions of the Consumer Credit Protection Act, as provided in Section 104 of said act, (15 USC 1603) is exempt from the provisions of sections 36a-675 to 36a-685, inclusive.
(P.A. 81-158, S. 3, 17; P.A. 82-18, S. 2, 4; 82-174, S. 12, 14; P.A. 88-65, S. 41; P.A. 94-122, S. 304, 340.)
History: P.A. 82-18 changed effective date of P.A. 81-158 from March 31, 1982, to "the effective date of Title VI of Public Law 96-221, as contained in Section 625(a) of Public Law 96-221, as amended", i.e. October 1, 1982; P.A. 82-174 amended Subsec. (a) by deleting the provision that a person "who is a creditor or lessor" shall comply with all applicable provisions; P.A. 88-65 made a technical change by adding U.S. code citations; P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-393b transferred to Sec. 36a-678 in 1995.

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Sec. 36a-679. (Formerly Sec. 36-395). Regulations. (a) The commissioner may adopt substantive regulations when authorized by sections 36a-675 to 36a-685, inclusive, and may adopt procedural regulations to carry out the provisions of said sections. Such regulations shall be consistent with the policy of this state as provided in section 36a-677. The commissioner may adopt regulations to carry out the provisions of sections 36a-567 and 36a-568, subdivision (13) of subsection (c) of section 36a-770, and sections 36a-771, 36a-774 and 36a-777. Such regulations shall be adopted in accordance with chapter 54 and shall not be inconsistent with the Consumer Credit Protection Act (15 USC 1601 et seq.).
(b) No liability shall be imposed under sections 36a-675 to 36a-685, inclusive, for an act done or omitted in conformity with any provision of said sections, the Consumer Credit Protection Act (15 USC 1601 et seq.) or a regulation of the commissioner notwithstanding that after the act or omission the provision may be amended, repealed or determined to be invalid for any reason.
(1969, P.A. 454, S. 3; P.A. 81-158, S. 4, 17; P.A. 82-18, S. 2, 4; P.A. 88-65, S. 43; P.A. 94-122, S. 305, 340; P.A. 96- 109, S. 11.)
History: P.A. 81-158 amended Subsec. (a) by replacing "prescribe" with "adopt" and by providing that the regulations be consistent with the policy of the state, deleted the language concerning the mandatory and optional provisions of the regulations, and redesignated Subsec. (c) as Subsec. (b) and added "any provision of this chapter, the Consumer Credit Protection Act or", effective March 31, 1982; P.A. 82-18 changed effective date of P.A. 81-158 from March 31, 1982, to "the effective date of Title VI of Public Law 96-221, as contained in Section 625(a) of Public Law 96-221, as amended", i.e. October 1, 1982; P.A. 88-65 made technical changes by adding U.S. code citations; the incorrect internal reference to section "42-83(2)(d)" was corrected editorially to "42-83(3)(d)" in 1991; P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-395 transferred to Sec. 36a-679 in 1995; P.A. 96-109 made technical changes in Subsec. (a), deleting reference to Subsec. (c) of Sec. 36a-535 and substituting reference to Subdiv. (13) for Subdiv. (12) of Sec. 36a-770(c).
Annotations to former section 36-395:
Cited. 34 CS 154, 155.

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Sec. 36a-680. (Formerly Sec. 36-398). Effect of inconsistent law. (a) If the commissioner finds that the requirements of any other law of this state relating to the disclosure of information in connection with consumer credit transactions are inconsistent with the provisions of sections 36a-675 to 36a-685, inclusive, or regulations adopted thereunder, the commissioner shall by regulation exempt creditors who comply with said sections from compliance with such inconsistent law. For purposes of this subsection, disclosure statutes are inconsistent if both require disclosure of the same information even though the prescribed definition, method of calculation or manner of expression is different and, in case of such conflict or inconsistency, the provisions of sections 36a- 675 to 36a-685, inclusive, shall control.
(b) In any action or proceeding in any court involving a consumer credit sale, the disclosure of an annual percentage rate required by sections 36a-675 to 36a-685, inclusive, may not be received as evidence that the sale was a loan or any type of transaction other than a credit sale, and in any consumer credit transaction, the disclosure of an annual percentage rate required by said sections shall not in itself indicate that a transaction is usurious or that the rate of charge exceeds a statutory ceiling.
(1969, P.A. 454, S. 6; P.A. 81-158, S. 5, 17; P.A. 82-18, S. 2, 4; 82-472, S. 115, 183; P.A. 94-122, S. 306, 340.)
History: P.A. 81-158 deleted references to Secs. 36-97a, 36-235, 36-236, 36-254(c), 42-83(2)(d), 42-84, 42-87, 42-90 and 42-99, effective March 31, 1982; P.A. 82-18 changed effective date of P.A. 81-158 from March 31, 1982, to "the effective date of Title VI of Public Law 96-221, as contained in Section 625(a) of Public Law 96-221, as amended", i.e. October 1, 1982; P.A. 82-472 made technical grammatical change in Subsec. (a); P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-398 transferred to Sec. 36a-680 in 1995.

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Sec. 36a-681. (Formerly Sec. 36-399). Penalty. Any person who wilfully and knowingly (1) gives false or inaccurate information or fails to provide information which such person is required to disclose under the provisions of sections 36a-567, 36a-568 and 36a-675 to 36a-685, inclusive, subdivision (13) of subsection (c) of section 36a- 770, and sections 36a-771, 36a-774, 36a-777 and 36a-786, or any regulation adopted thereunder, (2) uses any chart or table authorized by the Federal Reserve Board under Section 107 of the Consumer Credit Protection Act (15 USC 1606) in such manner as to consistently understate the annual percentage rate determined under said sections or (3) otherwise fails to comply with any requirement imposed under said sections shall be fined not more than five thousand dollars or imprisoned not more than one year or both.
(1949 Rev., S. 6699, (a) 6; 1957, P.A. 361, S. 1 (a) 6; P.A. 94-122, S. 307, 340; P.A. 96-109, S. 12.)
History: P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 42-94 transferred to Sec. 36a-681 in 1995; P.A. 96-109 made technical changes, deleting reference to Subsec. (c) of Sec. 36a-535 and substituting reference to Subdiv. (13) for Subdiv. (12) of Sec. 36a-770(c).

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Sec. 36a-682. (Formerly Sec. 36-400). Compliance of governmental instruments. Exemptions from penalties. (a) Any department or agency of the state or any political subdivision thereof which administers a credit program in which it extends, insures or guarantees consumer credit and in which it provides instruments to a creditor which contain any disclosures required by sections 36a-675 to 36a-685, inclusive, shall, prior to the issuance or continued use of such instruments, consult with the commissioner to assure that such instruments comply with said sections.
(b) No civil or criminal penalty provided under sections 36a-675 to 36a-685, inclusive, for any violation thereof may be imposed upon this state or any other state, or any political subdivision thereof, or any department or agency of any such state or political subdivision.
(c) A creditor shall not be held liable for a civil or criminal penalty under sections 36a-675 to 36a-685, inclusive, in any case in which the violation results from the use of an instrument required by any department or agency of: (1) The United States, with regard to any transaction which is part of a credit program administered, insured or guaranteed by such department or agency; or (2) this state or of any political subdivision of this state, with regard to any transaction which is part of a credit program administered, insured or guaranteed by such department or agency, provided that such department or agency has consulted with the commissioner to assure that such instrument complies with said sections as provided in subsection (a) of this section.
(d) A creditor shall not be held liable for a civil or criminal penalty under the laws of this state for any technical or procedural failure, such as a failure to use a specific form, to make information available at a specific place on an instrument, or to use a specific typeface, as required by the laws of this state, which is caused by the use of an instrument required to be used by any department or agency of: (1) The United States with regard to any transaction which is part of a credit program administered, insured or guaranteed by such department or agency; or (2) this state or any political subdivision of this state, with regard to any transaction which is part of a credit program administered, insured or guaranteed by such department or agency, provided that such department or agency has consulted with the commissioner to assure that such instrument complies with sections 36a-675 to 36a-685, inclusive, as provided in subsection (a) of this section.
(1969, P.A. 454, S. 8; P.A. 81-158, S. 7, 17; P.A. 82-18, S. 2, 4; P.A. 96-109, S. 13; 96-180, S. 118, 166.)
History: P.A. 81-158 added Subsec. (a) to provide that any department, agency or political subdivision of the state consult with the commissioner to assure that the instruments it provides to a creditor comply with this chapter, clarified the governmental exemptions from penalties in Subsec. (b), and added Subsecs. (c) and (d) to provide that a creditor is not liable in certain cases where the violation results from the use of an instrument required by a federal department or agency or the state or a political subdivision of the state, effective March 31, 1982; P.A. 82-18 changed effective date of P.A. 81- 158 from March 31, 1982, to "the effective date of Title VI of Public Law 96-221, as contained in Section 625(a) of Public Law 96-221, as amended", i.e. October 1, 1982; Sec. 36-400 transferred to Sec. 36a-682 in 1995; P.A. 96-109 and 96-180 both substituted "36a-675 to 36a-685" for "36a-665 to 36a-675", where appearing, effective June 3, 1996; (Revisor's note: In 1997 the word "as" was reinstated editorially by the Revisors at the end of Subsec. (d) before the phrase "... provided in subsection (a) of this section." thereby correcting an omission which occurred in the preparation of the 1995 revision).

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Sec. 36a-685. (Formerly Sec. 36-415). Unenforceable agreements. (a) If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation or property of any person, the repayment of the extension of credit is unenforceable through civil judicial processes against the debtor.
(b) Proof that an extension of credit was made at an annual rate exceeding forty- five per cent calculated according to the actuarial method, and that the creditor then had a reputation for the use or threat of use of violence or other criminal means to cause harm to the person, reputation or property of any person to collect extensions of credit or to punish the nonrepayment thereof, is prima facie evidence that the extension of credit was unenforceable under subsection (a).
(1969, P.A. 454, S. 23.)
History: Sec. 36-415 transferred to Sec. 36a-685 in 1995.

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Secs. 36a-686 to 36a-689. Reserved for future use.

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PART IV
INTEREST AND FINANCE CHARGE REBATES

Sec. 36a-690. (Formerly Sec. 36-417z). Calculation of interest or finance charge rebates. Prohibited methods. Transactions affected. (a) As used in this section:
(1) "Amount financed" means the amount of credit a borrower will actually be able to use as determined in accordance with sections 36a-675 to 36a-685, inclusive.
(2) "Annual percentage rate" means the annual percentage rate of finance charge determined in accordance with sections 36a-675 to 36a-685, inclusive.
(3) "Finance charge" means the cost of credit determined in accordance with sections 36a-675 to 36a-685, inclusive.
(b) Except as provided in this section, no creditor shall use any method of calculating interest rebates or finance charge rebates in any transaction described in subsection (c) of this section which originated on or after December 1, 1980, if such method would cause the actual interest or finance charge earned for the period during which the indebtedness is outstanding after deduction of an acquisition charge of twenty-five dollars to exceed the finance charge which would be earned if the annual percentage rate were calculated by the actuarial method on the amount financed in accordance with the disclosed schedule of payments. When such rebate is less than one dollar, no rebate need be made.
(c) Notwithstanding any section of the general statutes to the contrary, this section shall apply to any transaction which is subject to sections 36a-675 to 36a-685, inclusive, and which originated on or after December 1, 1980, but before October 1, 1987, if in such transaction: (1) The finance charge is precomputed; (2) the annual percentage rate is greater than fourteen per cent; and (3) the original term of the contract exceeds forty- eight months and fifteen days; and to any such transaction which originated on or after October 1, 1987, if in such transaction: (A) The finance charge is precomputed; and (B) the original term of the contract exceeds forty-eight months and fifteen days.
(P.A. 79-135, S. 1−4; P.A. 81-472, S. 70, 159; P.A. 87-13.)
History: P.A. 81-472 made technical changes; P.A. 87-13 amended Subsec. (c) to expand the application of the section after October 1, 1987, by deleting the requirement that the interest rate of the loan exceeds fourteen per cent; Sec. 36-417z transferred to Sec. 36a-690 in 1995; (Revisor's note: In 1997 an obsolete reference in Subsec. (c) to "chapter 657" was changed editorially by the Revisors to "sections 36a-675 to 36a-685, inclusive," to reflect the renumbering in 1995 of the sections contained in former chapter 657).

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Secs. 36a-691 to 36a-694. Reserved for future use.

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PART V
CONSUMER CREDIT REPORTS

Sec. 36a-695. (Formerly Sec. 36-431). Definitions. As used in sections 36a-695 to 36a-699e, inclusive, unless the context otherwise requires:
(1) "Consumer" means an individual seeking credit for personal, family or household purposes;
(2) "Creditor" means any person who extends credit in the ordinary course of business;
(3) "Credit report" means any written or oral report, recommendation or representation of a credit rating agency as to the credit worthiness, credit standing, or credit capacity of any consumer, and includes any information which is sought or given for the purpose of serving as the basis for determining eligibility for credit to be used primarily for personal, family or household purposes;
(4) "Credit rating agency" means any person whose business is the assembling and evaluating of information as to the credit standing and credit worthiness of a consumer, for the purposes of furnishing credit reports, for monetary fees and dues to third parties.
(1971, P.A. 868, S. 1; P.A. 86-403, S. 100, 132; P.A. 92-12, S. 85; P.A. 94-122, S. 309, 340; P.A. 98-177, S. 5.)
History: P.A. 86-403 made technical change in Subdiv. (c); P.A. 92-12 redesignated Subdivs. and made technical changes; P.A. 94-122 added "unless the context otherwise requires" and deleted "firm, company, partnership, corporation, bureau or agency" from the definition of "credit rating agency" in Subdiv. (4), effective January 1, 1995; Sec. 36-431 transferred to Sec. 36a-695 in 1995; P.A. 98-177 made a technical change.

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Sec. 36a-696. (Formerly Sec. 36-432). Disclosure to consumer of information re credit report. (a) No creditor shall take adverse action based wholly or in part on a credit report on any consumer applying to such creditor for credit for personal, family or household purposes without first disclosing to the consumer the name and address of the credit rating agency which issued the report.
(b) Upon written request and proper identification of any consumer, a credit rating agency shall disclose to the consumer, within five business days of receipt of the consumer's request, the nature and substance of all information in its files, including (1) any credit score or predictor relating to the consumer, as required by and in a form and manner that complies with the federal Fair Credit Reporting Act and commentary adopted and enforced by the Federal Trade Commission; (2) a record of all inquiries, by recipient, including the recipient's name which resulted in providing a credit report concerning the consumer during the preceding twelve-month period; (3) a clear and concise explanation of the information; and (4) a written summary of the consumer's rights under state and federal consumer credit reporting statutes in a form substantially similar to the summary in section 36a-699a. The credit rating agency may charge no more than five dollars for the first request for such information within the preceding twelve months and no more than seven dollars and fifty cents for any additional request within the same twelve-month period for such information, provided such disclosure shall be made without charge to the consumer if the request for disclosure is made not more than sixty days after notification to the consumer of an adverse action by a creditor.
(1971, P.A. 868, S. 2; P.A. 87-146, S. 2; P.A. 92-12, S. 86; P.A. 95-104, S. 1.)
History: P.A. 87-146 amended Subsec. (b) by requiring disclosure to be made without charge to the consumer if the request for disclosure is made not more than thirty days after notification to the consumer of an adverse action by a creditor; P.A. 92-12 made technical changes; Sec. 36-432 transferred to Sec. 36a-696 in 1995; P.A. 95-104 divided section into Subsecs. and amended Subsec. (b) by adding a five-day disclosure deadline, adding Subdiv. (1) providing for disclosure of any credit score or predictor relating to the customer, Subdiv. (2) requiring a record of all inquiries by recipient, Subdiv. (3) requiring a clear and concise explanation of the information and Subdiv. (4) requiring a written summary of the consumer's rights, and adding the maximum charge by the credit rating agency and changing the request period from thirty to sixty days for disclosures without charge.
See Sec. 36a-699a re written summary of consumer's rights.
See Sec. 36a-699b re dispute by consumer re completeness or accuracy of information.
See Sec. 36a-699c re procedures by credit rating agency to assure accuracy.
See Sec. 36a-699d re credit report for use in credit transaction not initiated by consumer.
See Sec. 36a-699e re existing consent judgment or settlement with Attorney General.

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Sec. 36a-697. (Formerly Sec. 36-433). Exceptions. The provisions of sections 36a-691 to 36a-699, inclusive, shall not apply to any disclosure made at the request of a law enforcement or investigative officer in his capacity as such, who is employed on a full-time basis in that capacity, by the United States, or by any state or political subdivision thereof, or upon the order of any court.
(1971, P.A. 868, S. 3.)
History: Sec. 36-433 transferred to Sec. 36a-697 in 1995.

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Sec. 36a-698. (Formerly Sec. 36-434). Regulations. The commissioner shall adopt such regulations, in accordance with chapter 54, as may be necessary to carry out the provisions of sections 36a-695 to 36a-699, inclusive.
(1971, P.A. 868, S. 4; P.A. 77-614, S. 161, 610; P.A. 87-9, S. 2, 3; P.A. 94-122, S. 310, 340.)
History: P.A. 77-614 replaced bank commissioner with banking commissioner, effective January 1, 1979; (Revisor's note: Pursuant to P.A. 87-9 "banking commissioner" was changed editorially by the Revisors to "commissioner of banking"); P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-434 transferred to Sec. 36a-698 in 1995.

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Sec. 36a-699. (Formerly Sec. 36-435). Penalty. Any person who wilfully violates any provision of sections 36a-695 to 36a-699, inclusive, shall be fined not more than one hundred dollars for a first offense and not more than five hundred dollars for a second offense, and shall be fined not more than one thousand dollars or be imprisoned for not more than six months, or both, for each subsequent offense.
(1971, P.A. 868, S. 5.)
History: Sec. 36-435 transferred to Sec. 36a-699 in 1995.

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Sec. 36a-699c. Procedures by credit rating agency to assure accuracy. Each credit rating agency shall maintain reasonable procedures to assure maximum possible accuracy of the information concerning the consumer and to avoid the reinsertion of previously deleted information without verification.
(P.A. 95-104, S. 4.)

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Sec. 36a-699d. Credit report for use in credit transaction not initiated by consumer. (a) A credit rating agency shall not provide a credit report for use in a credit transaction which is not initiated by the consumer if the consumer notifies, in writing, the credit rating agency that the consumer does not consent to that use.
(b) Each credit rating agency shall annually publish in a publication of general circulation in the state a notice that information in its credit files may be used in connection with a credit transaction which is not initiated by the consumer. A consumer may notify the credit rating agency of his election to be excluded from credit transactions which are not initiated by the consumer by writing to the address provided in the notice for such election. Compliance with the requirements of this section by any credit rating agency constitutes compliance by the agency's affiliates.
(c) As used in this section, "credit transaction which is not initiated by the consumer" does not include a request for a consumer report by a person with which the consumer has an account for purposes of reviewing the account or collecting on the account or a request for a consumer report by an employer in accordance with 15 USC 1681b.
(P.A. 95-104, S. 5.)

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Sec. 36a-699e. Existing consent judgment or settlement with Attorney General. Nothing in sections 36a-696 or 36a-699a to 36a-699d, inclusive, shall prohibit a credit rating agency from complying with any requirement contained in any existing consent judgment or settlement with the Attorney General.
(P.A. 95-104, S. 6.)

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Sec. 36a-700. (Formerly Sec. 36-435l). Credit clinics. Definitions. Contracts. Prohibited acts. Penalties. (a) As used in this section, "credit clinic" means any person who sells, provides or performs, or who represents that such person can or will sell, provide or perform, a service for the express or implied purpose of correcting, changing or deleting adverse entries on a consumer's credit record, history or rating or providing advice or assistance to a consumer with regard to correcting, changing or deleting adverse entries on a consumer's credit record, history or rating in return for the payment of a fee. "Credit clinic" does not include: (1) Credit rating agencies as defined in section 36a-695; (2) any person licensed to practice law in this state provided such person renders services as a credit clinic, as defined in this subsection, within the course and scope of his practice as an attorney; or (3) any organization which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.
(b) A credit clinic shall provide to each purchaser of the services of a credit clinic a contract which contract shall include, in bold face type a minimum size of ten points, the following statements:

RIGHT TO REVIEW YOUR FILE

The federal Fair Credit Reporting Act gives you the right to know what your credit file contains and the credit rating agency must provide someone to help you interpret the data. Sections 36a-695 to 36a-699, inclusive, of the Connecticut general statutes gives you the right to receive an actual copy of your credit report. You will be required to identify yourself to the credit rating agency and you may be charged a small fee. There is no fee, however, if you have been turned down for credit, employment or insurance because of information contained in a report within the preceding thirty days.

INCORRECT INFORMATION

If you notify the credit rating agency that you dispute the accuracy of information, the agency must reinvestigate and modify or remove inaccurate data. The credit rating agency may not charge any fee for this investigation or for modifying or removing inaccurate data. If reinvestigation does not resolve the dispute, you may enter a statement of one hundred words or less in your file, explaining why you dispute the accuracy of your record or file. This statement or a coded version of it must be included with all reports which the credit rating agency issues on you. If the error is corrected, the credit rating agency must notify any person who requested a report on you during the previous two years for employment purposes and the previous six months for any other purpose.

TIME LIMITS ON ADVERSE DATA

Most kinds of information in your file may be reported for a period of seven years. If you have declared personal bankruptcy, however, that fact may be reported for ten years. After seven or ten years, the information cannot be disclosed by a credit rating agency unless you are being investigated for a credit application of fifty thousand dollars or more, for an application to purchase life insurance of fifty thousand dollars or more, or for employment at an annual salary of twenty thousand dollars or more.
(c) In addition to statements required in subsection (b) of this section, each contract shall contain a complete, detailed list of services to be performed by the credit clinic and the results to be achieved by the credit clinic. A copy of the consumer's current credit report shall be attached to the contract with the adverse entries to be modified clearly marked.
(d) Any contract which does not comply with the provisions of subsections (b) and (c) of this section shall be void and the credit clinic shall return to the consumer any payments made by the consumer to the credit clinic under the voided contract.
(e) No credit clinic may charge a fee or receive any money or other valuable consideration for the performance of any service the credit clinic has agreed to perform for any consumer until the credit clinic has fully performed such service.
(f) A violation of any provision of this section shall be deemed an unfair or deceptive trade practice pursuant to section 42-110b.
(P.A. 87-146, S. 1; P.A. 91-357, S. 57, 78; P.A. 97-22, S. 2; P.A. 99-40.)
History: P.A. 91-357 made a technical change in Subsec. (a); Sec. 36-435l transferred to Sec. 36a-700 in 1995; P.A. 97-22 made technical changes in Subsec. (a); P.A. 99-40 added new Subsec. (e) prohibiting credit clinics from charging consumers prior to fully performing services and relettered former Subsec. (e) accordingly.
Annotations to former section 36-435l:
Cited. 228 C. 375, 382. Cited. 231 C. 707, 727.

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Secs. 36a-701 to 36a-704. Reserved for future use.

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PART XI*
RETAIL INSTALLMENT SALES FINANCING

*See Sec. 36a-676 for definitions under the Truth-in-Lending Act applicable to this part.
Annotations to former chapter 733 (Sec. 42-83 et seq.):
Remedies under this chapter not limited to Secs. 42-99 and 42-100. 155 C. 469. Retail installment sales financing act cited. 202 C. 106, 107, 109, 110, 112−114, 116−119. Retail installment sales financing act (RISFA) cited. 216 C. 458, 460, 462, 465, 470, 474, 477, 480, 483. Retail Installment Sales Financing Act (RISFA) cited. 231 C. 707, 709, 712, 713, 715− 719, 721−724, 726−729.
Retail installment sales financing act (RISFA), Sec. 42-83 et seq. cited. 24 CA 455, 457, 461−463, 465−467.
Cited. 34 CS 154, 156.
Cited. 6 Conn. Cir. Ct. 745.

Sec. 36a-770. (Formerly Sec. 42-83). Applicability of commercial code. Filing and recording. Definitions. (a) The Uniform Commercial Code. A transaction subject to sections 36a-770 to 36a-788, inclusive, 42-100b and 42-100c is also subject to the Uniform Commercial Code, title 42a, but in case of any conflict the provisions of sections 36a-770 to 36a-788, inclusive, 42-100b and 42-100c shall control.
(b) Filing and recording. Section 42a-9-302 determines the need for filing or recording to perfect a security interest, section 42a-9-301 the persons who take subject to an unperfected security interest, and sections 42a-9-302(3)(b) and 42a-9-401 to 42a- 9-409, inclusive, the place for such filing or recording.
(c) Definitions. As used in sections 36a-770 to 36a-788, inclusive, 42-100b and 42- 100c, unless the context otherwise requires:
(1) "Boat" means any watercraft, as defined in section 22a-248, other than a seaplane, used or capable of being used as a means of transportation on water, by any power including muscular.
(2) "Cash price" means the total amount in dollars at which the seller and buyer agreed the seller would transfer unqualified title to the goods, if the transaction were a cash sale instead of a sale under a retail installment contract.
(3) "Commercial vehicle" means any domestic or foreign truck or truck tractor of ten thousand or more pounds gross vehicular weight or any trailer or semitrailer designed for use in connection with any truck or truck tractor of ten thousand or more pounds gross vehicular weight and which is not used primarily for personal, family or household use.
(4) "Filing fee" means the fee prescribed by law for filing, recording or otherwise perfecting and releasing or satisfying a security interest, as defined in section 42a-1- 201(37), retained or created by a retail installment contract or installment loan contract.
(5) "Finance charge" means the amount in excess of the cash price of the goods agreed upon by the retail seller and the retail buyer, to be paid by the retail buyer for the privilege of purchasing the goods under the retail installment contract or installment loan contract.
(6) "Goods" means (A) "consumer goods", as defined in sections 42a-9-105(1)(h) and 42a-9-109(1) and motor vehicles included under such definitions, having an aggregate cash price of fifty thousand dollars or less, and (B) equipment, as defined in section 42a-9-109(2), having an aggregate cash price of sixteen thousand dollars or less, provided such consumer goods or such equipment is included in one retail installment contract or installment loan contract.
(7) "Installment loan contract" means any agreement made in this state to repay in installments the amount loaned or advanced to a retail buyer for the purpose of paying the retail purchase price of goods and by virtue of which a security interest, as defined in section 42a-1-201(37), is taken in the goods for the payment of the amount loaned or advanced. For purposes of this subdivision, "installment loan contract" does not include agreements to repay in installments loans made by the United States or any department, agency or instrumentality thereof.
(8) "Lender" means a person who extends or offers to extend credit to a retail buyer under an installment loan contract.
(9) A retail installment contract or installment loan contract is "made in this state" if: (A) An offer or agreement is made in Connecticut by a retail seller or a lender to sell or extend credit to a resident retail buyer, including, but not limited to, any verbal or written solicitation or communication to sell or extend credit originating outside the state of Connecticut but forwarded to and received in Connecticut by a resident retail buyer; or (B) an offer to buy or an application for extension of credit, or an acceptance of an offer to buy or to extend credit, is made in Connecticut by a resident retail buyer, regardless of the situs of the contract which may be specified therein, including, but not limited to, any verbal or written solicitation or communication to buy or to have credit extended, originating within the state of Connecticut but forwarded to and received by a retail seller or a lender outside the state of Connecticut. For purposes of this subdivision, a "resident retail buyer" means a retail buyer who is a resident of the state of Connecticut.
(10) "Motor vehicle" means any device in, upon or by which any person or property is or may be transported or drawn upon a highway by any power other than muscular. For purposes of this subdivision, "motor vehicle" does not include self-propelled wheelchairs and invalid tricycles, tractors, power shovels, road machinery, implements of husbandry and other agricultural machinery, or other machinery not designed primarily for highway transportation but which may incidentally transport persons or property on a highway, or devices which move upon or are guided by a track or travel through the air.
(11) "Retail buyer" means a person who buys or agrees to buy one or more articles of goods from a retail seller not for the purpose of resale or lease to others in the course of business and who executes a retail installment contract or an installment loan contract in connection therewith.
(12) "Retail installment contract" means any security agreement, as defined in section 42a-9-105(1)(l), made in this state, including one in the form of a mortgage, conditional sale contract or other instrument evidencing an agreement to pay the retail purchase price of goods, or any part thereof, in installments over a period of time and pursuant to which a security interest, as defined in section 42a-1-201(37), is retained or taken by the retail seller for the payment of the amount of such retail installment contract. For purposes of this subdivision, "retail installment contract" does not include a rent-to-own agreement, as defined in section 42-240.
(13) "Retail installment sale" means any sale evidenced by a retail installment contract or installment loan contract wherein a retail buyer buys goods from a retail seller at a time sale price payable in two or more installments. The cash price of the goods, the amount, if any, included for other itemized charges which are included in the amount of the credit extended but which are not part of the finance charge under sections 36a- 675 to 36a-685, inclusive, and the finance charge shall together constitute the time sale price. For purposes of this subdivision, "retail installment sale" does not include a rent- to-own agreement, as defined in section 42-240.
(14) "Retail seller" means a person who sells or agrees to sell one or more articles of goods under a retail installment contract to a retail buyer.
(15) "Sales finance company" means any person engaging in this state in the business, in whole or in part, of acquiring retail installment contracts from retail sellers or installment loan contracts from holders thereof, by purchase, discount or pledge, or by loan or advance to the holder of either on the security thereof, or otherwise.
(1949 Rev., S. 6698; 1949, 1955, S. 2862d; November, 1955, N218; 1957, P.A. 357, S. 1; March, 1958, P.A. 27, S. 33; 1959, P.A. 495; 589, S. 2; 1961, P.A. 116, S. 20; 1969, P.A. 454, S. 28; P.A. 77-317; 77-604, S. 52, 84; P.A. 78-313, S. 1, 3; P.A. 81-158, S. 13, 17; P.A. 82-18, S. 2, 4; P.A. 89-210, S. 1; P.A. 91-162, S. 15, 18; P.A. 93-39; P.A. 94-122, S. 325, 340; 94-134, S. 1, 3; May 25 Sp. Sess. P.A. 94-1, S. 109, 130.)
History: 1959 acts amended definitions of "goods" and "retail buyer"; 1961 act coordinated this section with Uniform Commercial Code; 1969 act redefined "retail instalment sale" to include the amount of itemized charges included in amount of credit extended but excluded from finance charge rather than the amount of insurances and other benefits and filing fees; P.A. 77-317 redefined goods to raise maximum aggregate cash price from six thousand to twenty-five thousand dollars; P.A. 77-604 revised references to Sec. 42a-9-105; P.A. 78-313 redefined "goods" to include motor vehicles and to establish separate maximum cash value of eight thousand dollars for equipment and defined "lender" and contracts "made in this state" in new Subdivs. (m) and (n) of Subsec. (3); P.A. 81-158 amended Subsec. (3) by replacing in Subdiv. (d) "section 36-396", which had been repealed, with "chapter 657", effective March 31, 1982; P.A. 82-18 changed effective date of P.A. 81-158 from March 31, 1982, to "the effective date of Title VI of Public Law 96-221, as contained in Section 625(a) of Public Law 96-221, as amended", i.e. October 1, 1982; P.A. 89-210 amended Subsec. (3) by adding Subdiv. (o) defining "commercial vehicle"; P.A. 91-162 amended Subsecs. (d) and (e) of Subdiv. (3) to specifically exclude consumer rent-to-own agreements, as defined in Sec. 42-240, from the definitions of "retail instalment sale" and "retail instalment contract"; P.A. 93-39 amended Subsec. (b) by increasing the aggregate cash price of a motor vehicle to be included in the definition of "consumer goods" from twenty-five thousand dollars to fifty thousand dollars and increasing the aggregate cash price of equipment to be included from eight thousand dollars to sixteen thousand dollars; P.A. 94-122 changed Subdivs. (1), (2) and (3) to Subsecs. (a), (b) and (c), deleted the definition of "person", reordered the definitions and made technical changes, effective January 1, 1995; P.A. 94-134 added Subsec. (p) defining "boat", effective October 1, 1994, and applicable to retail instalment contracts and instalment loan contracts executed on or after that date; May 25 Sp. Sess. P.A. 94-1 made technical changes, effective January 1, 1994, and applicable January 1, 1995; Sec. 42-83 transferred to Sec. 36a-770 in 1995; (Revisor's note: In 1997 a reference in Subsec. (a) to "42-110b" was corrected editorially by the Revisors to "42-100b" thereby correcting a clerical error which occurred during the preparation of the 1995 revision).
See Sec. 36a-676 for definitions applicable to Truth-in-Lending Act and this part.
Annotations to former section 42-83:
Cited. 216 C. 458, 480.
Cited. 2 Conn. Cir. Ct. 640. (e) Cited. 4 Conn. Cir. Ct. 351. Cited. 6 Conn. Cir. Ct. 709.
Subsec. (1):
Cited. 231 C. 707, 717, 719, 722.
Subsec. (3):
Subdiv. (d) cited. 202 C. 106, 109. Subdiv. (N) cited. 231 C. 707, 715.

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