Table of Contents Sec. 42-144. Definitions. As used in this chapter: Sec. 42-145. Contingent consideration void. The advertisement for sale, lease or
rent, or the actual sale, lease or rental of any merchandise, service or rights or privileges
at a price or with a rebate or payment or other consideration to the purchaser which is
contingent upon the procurement of prospective customers procured by the purchaser,
or the procurement of sales, leases or rentals of merchandise, services, rights or privileges, to other persons procured by the purchaser, is declared to be an unlawful practice
rendering any obligation incurred by the buyer in connection therewith, completely void
and a nullity. The rights and obligations of any contract relating to such contingent
price, rebate or payment shall be interdependent and inseverable from the rights and
obligations relating to the sale, lease or rental. Sec. 42-146. Commissioner's powers to enforce. (a) In the discharge of the duties
imposed by this chapter: (1) The commissioner or his duly authorized agent or agents
shall at all reasonable times have access to records and documentary evidence of any
person being investigated for the purposes of examining such records and documentary
evidence and making copies thereof; and (2) the commissioner shall have the power to
administer oaths and affirmations and to issue subpoenas requiring the attendance of
witnesses and the production of records, correspondence, documents or other evidence
in connection therewith. Sec. 42-147. Conciliation and voluntary compliance. In the administration of
this chapter, the commissioner shall set up prehearing conciliation procedures and may
accept an assurance of voluntary compliance with respect to any method, act or practice
deemed in violation of this chapter from any person alleged to be engaged or to have
been engaged in such method, act or practice. Such assurance may provide for restitution
to aggrieved persons. Any such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. Matters thus closed may at any time be
reopened by the Attorney General or commissioner for further proceedings in the public
interest. Sec. 42-148. Judicial enforcement. Whenever the commissioner has reason to
believe that any person has been engaged or is engaged in any act or acts prohibited by
this chapter, said commissioner may proceed as provided in section 42-147 or 42-150
or may request the Attorney General to apply in the name of the state of Connecticut
to the Superior Court for any order enjoining the continuance of such act or acts, on a
temporary or permanent basis, or of any fraudulent or illegal acts, or for an order directing
restitution in appropriate instances, or both. The court may award the relief applied for
or so much as it may deem proper including accounting and such other relief as may be
granted in equity. In such action the commissioner shall be responsible for all necessary
investigative support. Sec. 42-149. Injunctive relief, costs, other remedies. (a) A person likely to be
damaged by any practice of another prohibited by this chapter may be granted an injunction enjoining such practice under the principles of equity and on terms that the court
considers reasonable. Proof of monetary damage, loss of profits, competition, actual
confusion or misunderstanding or intent to deceive is not required. Relief granted for
the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source. Sec. 42-150. Powers granted under chapter not exclusive. Nothing contained
in this chapter 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.
Sec. 42-144. Definitions.
Sec. 42-145. Contingent consideration void.
Sec. 42-146. Commissioner's powers to enforce.
Sec. 42-147. Conciliation and voluntary compliance.
Sec. 42-148. Judicial enforcement.
Sec. 42-149. Injunctive relief, costs, other remedies.
Sec. 42-150. Powers granted under chapter not exclusive.
Secs. 42-150a to 42-150z.
(a) "Advertisement" includes the attempt by publication, dissemination, solicitation
or circulation, written or oral, to induce directly or indirectly, any person to enter into
any obligation or acquire any title or interest in any merchandise;
(b) "Merchandise" includes any objects, wares, goods, commodities, intangibles,
securities, bonds, debentures, stocks, real estate or services;
(c) "Services" includes any supply of accommodations, work, repair or other needs,
instruction or education, including any type of training course in any field such as personality improvement, self motivation, salesmanship and similar fields;
(d) "Rights or privileges" includes the right or privilege to market, distribute, wholesale or retail, merchandise or services or to procure others to do so;
(e) "Procure" includes obtaining, providing, inducing, suggesting, soliciting, recruiting, training, supervising, advancing in position, or aiding or abetting any of the
activities specified in this subsection;
(f) "Person" includes any natural person, or his legal representative, partnership,
limited liability company, corporation, whether domestic or foreign, company, trust,
business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof;
(g) "Sale" includes any sale, offer of sale or attempt to sell any merchandise, services, or rights or privileges for any consideration, or aiding or abetting any of the
activities specified in this section;
(h) "Trade and commerce" means the advertising, offering for sale, sale or distribution of services and property, tangible or intangible, and any other article, commodity
or thing of value wherever situate, and shall include any trade or commerce directly or
indirectly affecting the people of this state;
(i) "Commissioner" means the Commissioner of Consumer Protection.
(P.A. 73-493, S. 1; P.A. 95-79, S. 164, 189.)
History: P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995.
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(P.A. 73-493, S. 2.)
Cited. 241 C. 278.
Statute prohibits both "horizontal" and "vertical" pyramiding. 32 CS 279. Cited. 44 CS 569.
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(b) In case of contumacy or refusal to obey a subpoena issued to any person, the
Superior Court, upon application by the commissioner, shall have jurisdiction to order
such person to appear and produce evidence or to give testimony touching the matter
under investigation or in question, and any failure to obey such order may be punished
by said court as a contempt thereof. No person shall be excused from attending and
testifying or from producing books, records, correspondence, documents or other evidence in obedience to the subpoena of the commissioner, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a
penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty
or forfeiture for or on account of any transaction, matter or thing concerning which he
is compelled, after having claimed his privilege against self-incrimination, to testify or
produce evidence, except that such individual so testifying shall not be exempt from
prosecution and punishment for perjury committed in so testifying. Complaints, orders
and other processes and papers of the commissioner may be served personally, by registered or certified mail, by telegraph or by leaving a copy thereof at the principal office
or place of business of the person required to be served. The verified return of service
shall be proof of such service. Witnesses summoned by the commissioner shall be paid
the same fees and mileage allowances that are paid witnesses in the courts of this state,
and witnesses whose depositions are taken and the person taking the same shall severally
be entitled to the same fees as are paid for like services in the courts of this state. All
processes of any court to which an application or petition may be made under this chapter
may be served in the judicial district wherein the person or persons required to be served
reside or may be found.
(c) Any person who, without just cause, fails to attend and testify or to answer any
lawful inquiry or to produce records, correspondence, documents or other evidence, if
it is within his power to do so, in obedience to a subpoena issued to him under this
section, shall be fined not more than two hundred dollars and imprisoned not more than
six months or both.
(P.A. 73-493, S. 4; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 substituted "judicial district" for "county" in Subsec. (b) re serving of process.
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(P.A. 73-493, S. 5.)
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(P.A. 73-493, S. 3.)
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(b) Costs or attorneys' fees may be assessed against a defendant if the court finds
that he was wilfully engaged in a deceptive trade practice.
(c) The relief provided in this section is in addition to remedies otherwise available
against the same conduct under the common law or other statutes of this state.
(P.A. 73-493, S. 7.)
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(P.A. 73-493, S. 6.)
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