Sec. 42-110f. Powers of receiver. Restitution. Judicial supervision. When a receiver is appointed by the court pursuant to this chapter, he shall have the power to sue
for, collect, receive and take into his possession all the goods and chattels, rights and
credits, moneys and effects, lands and tenements, books, records, documents, papers,
choses in action, bills, notes and property of every description, derived by, or aiding in
any manner, any practice declared to be illegal and prohibited by this chapter, including
property with which such property has been mingled if it cannot be identified in kind
because of such commingling, and to sell, convey, and assign the same and hold and
dispose of the proceeds thereof under the direction of the court. Any person who has
suffered damages as a result of the use or employment of any unlawful practices and
submits proof to the satisfaction of the court that he has in fact been damaged, may
participate with general creditors in the distribution of the assets to the extent he has
sustained out-of-pocket losses. In the case of a partnership or business entity, the receiver
shall settle the estate and distribute the assets under the direction of the court. The court
shall have jurisdiction of all questions arising in such proceedings and may make such
orders and judgments therein as may be required.
(P.A. 73-615, S. 6, 16.)
Cited. 186 C. 507, 520. Cited. 192 C. 558, 565-567.
Sec. 42-110g. Action for damages. Class actions. Costs and fees. Equitable relief. Jury trial. (a) Any person who suffers any ascertainable loss of money or property,
real or personal, as a result of the use or employment of a method, act or practice prohibited by section 42-110b, may bring an action in the judicial district in which the plaintiff
or defendant resides or has his principal place of business or is doing business, to recover
actual damages. Proof of public interest or public injury shall not be required in any
action brought under this section. The court may, in its discretion, award punitive damages and may provide such equitable relief as it deems necessary or proper.
(b) Persons entitled to bring an action under subsection (a) of this section may,
pursuant to rules established by the judges of the Superior Court, bring a class action
on behalf of themselves and other persons similarly situated who are residents of this
state or injured in this state to recover damages.
(c) Upon commencement of any action brought under subsection (a) of this section,
the plaintiff shall mail a copy of the complaint to the Attorney General and the Commissioner of Consumer Protection and, upon entry of any judgment or decree in the action,
shall mail a copy of such judgment or decree to the Attorney General and the Commissioner of Consumer Protection.
(d) In any action brought by a person under this section, the court may award, to
the plaintiff, in addition to the relief provided in this section, costs and reasonable attorneys' fees based on the work reasonably performed by an attorney and not on the amount
of recovery. In a class action in which there is no monetary recovery, but other relief is
granted on behalf of a class, the court may award, to the plaintiff, in addition to other
relief provided in this section, costs and reasonable attorneys' fees. In any action brought
under this section, the court may, in its discretion, order, in addition to damages or in
lieu of damages, injunctive or other equitable relief.
(e) Any final order issued by the Department of Consumer Protection and any permanent injunction, final judgment or final order of the court made under section 42-110d, 42-110m, 42-110o or 42-110p shall be prima facie evidence in an action brought
under this section that the respondent or defendant used or employed a method, act or
practice prohibited by section 42-110b, provided this section shall not apply to consent
orders or judgments entered before any testimony has been taken.
(f) An action under this section may not be brought more than three years after the
occurrence of a violation of this chapter.
(g) In any action brought by a person under this section there shall be a right to a
jury trial except with respect to the award of punitive damages under subsection (a) of
this section or the award of costs, reasonable attorneys' fees and injunctive or other
equitable relief under subsection (d) of this section.
(P.A. 73-615, S. 7, 16; P.A. 74-183, S. 174, 291; P.A. 75-618, S. 5, 11; P.A. 76-303, S. 3, 4; P.A. 78-280, S. 2, 127;
78-346, S. 2; P.A. 79-210, S. 1; P.A. 84-468, S. 2, 10; P.A. 95-123, S. 1, 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d);
P.A. 04-169, S. 17; 04-189, S. 1.)
History: P.A. 74-183 deleted reference to bringing action in circuit court in Subsec. (a); P.A. 75-618 rephrased Subsec.
(a), rephrased Subsec. (d) re class actions, replacing proviso which had stated that in class action where there is monetary
recovery on behalf of class attorney fees are to be awarded out of the recovery, required that action be brought within three,
rather than two, years in Subsec. (f) and deleted Subsec. (g) re notice to supplier as requirement for bringing action; P.A.
76-303 specified that costs and attorney fees may be awarded the plaintiff where previously award could be made "to
either party"; P.A. 78-280 replaced "county" with "judicial district" in Subsec. (a); P.A. 78-346 specified applicability of
provisions to person who "rents or leases property"; P.A. 79-210 rephrased provision re applicability in Subsec. (a) and
substituted "plaintiff or defendant" for "seller or lessor", required that plaintiff rather than clerk of court mail copy of
complaint in Subsec. (c), added "in lieu of damages" in Subsec. (d) and added reference to Secs. 42-110m, 42-110o and
42-110p and "defendant" in Subsec. (e); P.A. 84-468 provided that no proof of public interest or injury is required in an
action brought under this section and that such action be brought pursuant to rules established by the judges of the superior
court rather than pursuant to Sec. 42-110h; P.A. 95-123 amended Subsec. (c) to require the plaintiff to mail a copy of the
complaint and any judgment or decree to the Commissioner of Consumer Protection and added Subsec. (g) re a right to a
jury trial, effective October 1, 1995, and applicable to all actions pending on said date except actions that were assigned
for trial prior to said date; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer
Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and
Consumer Protection, effective June 1, 2004.
Cited. 186 C. 507, 520. Cited. 190 C. 528, 540. Plaintiffs have burden of proving actual damages. 191 C. 484, 494,
495. Cited. 192 C. 558, 565-567. Cited. 200 C. 172, 176. Cited. 203 C. 475, 482. Cited. 204 C. 17, 24. Cited. 221 C. 674,
680, 685. Cited. 223 C. 80, 114. Cited. 224 C. 231, 234. Cited. 225 C. 705, 722, 724, 729. Cited. 228 C. 574, 581. Cited.
229 C. 842, 845. Cited. 230 C. 148, 150. Cited. Id., 486, 517. Cited. 232 C. 480, 495. Cited. Id., 527, 531. Cited. 235 C.
1, 3. Cited. 241 C. 278. Cited. Id., 630. Section permits recovery of actual damages, attorney's fees and punitive damages
for violations of CUTPA. 245 C. 1. Pursuant to Connecticut Practice Book, unresolved issue of attorney's fees does not
prevent a judgment on the merits from being final and immediately appealable. Id., 495. Professional malpractice does
not give rise to a cause of action under CUTPA. 247 C. 48. Section can be reasonably reconciled with provisions of Sec.
52-212a. 249 C. 94. Plaintiff who purchased computer with preinstalled software from a retailer cannot recover from
software manufacturer because plaintiff's claimed injuries are too indirect and remote from the manufacturer's allegedly
anticompetitive conduct. 260 C. 59.
Cited. 4 CA 137. Cited. 13 CA 230. Cited. 15 CA 150, 155. Cited. 17 CA 421, 425, 426. Cited. 23 CA 227, 229; Id.,
585-588. Cited. 24 CA 124, 132; judgment reversed, see 221 C. 674 et seq. Cited. 31 CA 634, 641. Trial court lacked
power to award prejudgment interest on punitive damages. 32 CA 133, 137, 139, 140. Cited. 39 CA 32, 36. Cited. 42 CA
124. Cited. Id., 712.
Cited. 39 CS 107, 116. Cited. 40 CS 560, 561, 566. Cited. 41 CS 130, 139; Id., 484, 504.
Subsec. (a):
Cited. 184 C. 607, 612, 613, 617, 618. Cited. 190 C. 528, 533, 535, 536. Cited. 191 C. 484, 489, 493, 495. Cited. 192
C. 558, 566; Id., 591, 596; Id., 747, 755. Cited. 193 C. 208, 228-230. Cited. 203 C. 342, 354. Cited. Id., 616, 620, 622.
Cited. 207 C. 204, 207. Cited. 209 C. 579, 589, 593. Cited. 219 C. 644, 654. Cited. 223 C. 80, 115. Cited. 225 C. 705, 710,
723, 725. Cited. 228 C. 42, 53. Cited. 229 C. 213, 223. Cited. Id., 479, 495. Cited. Id., 842, 847. Cited. 230 C. 148, 160.
Cited. 232 C. 480, 497, 509. Cited. Id., 666, 684, 685. Cited. 238 C. 183. Cited. Id., 216. Cited. Id., 293. Cited. 240 C. 300.
Cited. 241 C. 630. Cited. 243 C. 1. Cited. 243 C. 17.
Cited. 15 CA 150, 153. Cited. 17 CA 421, 425. Cited. 25 CA 56, 58, 60. Cited. 31 CA 634, 636. Cited. 32 CA 133,
138, 140. Cited. 33 CA 575, 586, 587. Award of punitive damages in an amount equal to actual damages is not an abuse
of discretion. 35 CA 455, 462. Cited. 41 CA 437, 447. Cited. 42 CA 599. Cited. 43 CA 113. Cited. Id., 756. Two threshold
requirements for a party seeking to recover damages under CUTPA. 51 CA 292. Single act of misconduct is sufficient to
support CUTPA claim. Proof of an ascertainable loss does not require quantification of the loss that claimant has suffered.
72 CA 342.
Cited. 35 CS 1, 8, 9. Cited. 36 CS 183, 194, 195. Cited. 40 CS 336, 337, 340. Cited. 41 CS 484, 490. Cited. 42 CS 198,
201. Cited. Id., 514, 515. Cited. 43 CS 431, 435.
Subsec. (b):
Cited. 23 CA 585, 586.
Cited. 42 CS 198, 201. Cited. 44 CS 569.
Subsec. (c):
Cited. 42 CS 198, 201.
Subsec. (d):
Cited. 184 C. 607, 617, 618. Cited. 190 C. 528, 535. Cited. 202 C. 106, 120. Cited. 203 C. 342, 354. Cited. Id., 616,
622. Cited. 208 C. 515, 517. Cited. 209 C. 579, 589, 593. Cited. 216 C. 200, 219. Cited. 219 C. 644, 654. Cited. 222 C.
211, 213. Cited. 230 C. 148, 160. Cited. 232 C. 480, 509. Cited. 238 C. 216. Cited. Id., 293. Cited. 240 C. 654.
Court rather than jury determines an award of attorneys' fees. 10 CA 22, 24, 29, 30, 33-35. Cited. Id., 527, 529, 530.
Attorneys representing plaintiff class on whose behalf "relief is granted" may, in court's discretion, recover attorneys'
fees and costs. 17 CA 421, 424-426. Cited. 24 CA 514, 516, 517. Cited. 32 CA 133, 138. Cited. 35 CA 455, 458-460,
462. Cited. 39 CA 32, 37. Cited. 41 CA 437, 447. Cited. Id., 754, 771. Cited. 42 CA 124. Cited. Id., 599. Trial court's
award of attorney's fees under CUTPA was improper where award was made without affording parties the opportunity to
present evidence and to be heard on issue of reasonable attorney's fees. 49 CA 751. Awarding of attorney's fees under
subsection discussed. 57 CA 189.
Cited. 35 CS 1, 8, 9. Cited. 36 CS 183, 195, 196. Cited. 42 CS 514, 515. Cited. 43 CS 91, 99.
Subsec. (f):
Cited. 202 C. 234, 244. Section has no alternative provision for suit within certain time following discovery of violation.
207 C. 204-206, 208, 209, 212-214, 216, 217. Cited. 219 C. 644, 645, 653, 654. Cited. 232 C. 527, 531, 532, 535. Calculation
of statute of limitations period. 245 C. 1.
Cited. 27 CA 59, 71. Cited. 33 CA 702, 713. Three-year limitation is jurisdictional. 50 CA 688.
Sec. 42-110h. Class actions. As soon as practicable after the commencement of
an action brought as a class action, the court shall determine by order whether it is to
be so maintained. An order under this section may be conditional, and it may be amended
before decision on the merits. An order issued under this section shall be immediately
appealable by either party.
(P.A. 73-615, S. 8, 16; P.A. 84-468, S. 3, 10; P.A. 00-196, S. 59.)
History: P.A. 84-468 deleted former Subsecs. (a), (b) and (d) to (h), inclusive, detailing procedure for class actions;
P.A. 00-196 made a technical change.
Cited. 186 C. 507, 520. Cited. 241 C. 278.
Cited. 23 CA 585, 586, 588.
Cited. 42 CS 198, 201.
Sec. 42-110i. Settlement of class actions. Section 42-110i is repealed.
(P.A. 73-615, S. 9, 16; P.A. 75-618, S. 6, 11; P.A. 76-435, S. 60, 82; P.A. 79-210, S. 2; P.A. 84-468, S. 9, 10.)
Sec. 42-110j. Voluntary compliance. In the administration of this chapter, the
commissioner 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
include an amount as restitution to aggrieved persons. No such assurance of voluntary
compliance shall be considered an admission of violation for any purpose. Matters thus
closed may at any time be reopened by the commissioner for further proceedings in the
public interest.
(P.A. 73-615, S. 10, 16.)
Cited. 186 C. 507, 520.
Sec. 42-110k. Commissioner's enforcement powers. Court orders. If any person fails or refuses to file any statement or report, or obey any subpoena or investigative
demand issued by the commissioner or his authorized representatives, the commissioner
may, after notice, apply to the superior court for the judicial district of Hartford, which
court, after a hearing thereon, may issue an order: (1) Granting injunctive relief to restrain
the person from engaging in the advertising or sale of any commodity or the conduct
of any trade or commerce that is involved in the alleged or suspected violation; (2)
vacating, annulling or suspending the corporate charter of a corporation created by or
under the laws of Connecticut or revoking or suspending the certificate of authority to
do business in this state of a foreign corporation or revoking or suspending any other
licenses, permits or certificates issued pursuant to law to such person which are used to
further the allegedly unlawful practice; and (3) granting such other relief as may be
required, until the person files the statement or report, or obeys the subpoenas or investigative demand. Any disobedience of any final order entered under this section by any
court shall be punished as a contempt thereof.
(P.A. 73-615, S. 11, 16; P.A. 75-618, S. 8, 11; P.A. 76-436, S. 281, 681; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12;
P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)
History: P.A. 75-618 added reference to commissioner's authorized representatives; P.A. 76-436 replaced court of
common pleas with superior court, effective July 1, 1978; P.A. 78-280 substituted "judicial district of Hartford-New
Britain" for "Hartford county"; 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September
1, 1998, effective July 1, 1995.
Cited. 186 C. 507, 520. Cited. 190 C. 510, 512, 527. Cited. 238 C. 216.
Cited. 42 CS 198, 201.
Sec. 42-110l. Assistance by court prosecutors. The various state's attorneys and
prosecuting attorneys shall lend to the commissioner or Attorney General such assistance as either may request in the commencement and prosecution of actions pursuant
to this chapter.
(P.A. 73-615, S. 14, 16.)
Cited. 186 C. 507, 520.
Sec. 42-110m. Restraining orders or injunctions. Relief. (a) Whenever the commissioner has reason to believe that any person has been engaged or is engaged in an
alleged violation of any provision of this chapter said commissioner may proceed as
provided in sections 42-110d and 42-110e or may request the Attorney General to apply
in the name of the state of Connecticut to the Superior Court for an order temporarily
or permanently restraining and enjoining the continuance of such act or acts or for an
order directing restitution and the appointment of a receiver in appropriate instances,
or both. Proof of public interest or public injury shall not be required in any action
brought pursuant to section 42-110d, section 42-110e or this section. The court may
award the relief applied for or so much as it may deem proper including reasonable
attorney's fees, accounting and such other relief as may be granted in equity. In such
action the commissioner shall be responsible for all necessary investigative support.
(b) 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.
(P.A. 75-618, S. 4, 11; P.A. 84-468, S. 4, 10; P.A. 91-406, S. 12, 29; P.A. 94-15, S. 1.)
History: P.A. 84-468 amended Subsec. (a) by providing that proof of public interest or injury is not required in any
action brought pursuant to Sec. 42-110d, 42-110e or this section; P.A. 91-406 corrected a typographical error; P.A. 94-15
added a provision in Subsec. (a) allowing the court to award reasonable attorney fees.
Cited. 186 C. 507, 520. Cited. 217 C. 404, 406, 407, 413-415. Cited. 238 C. 216.
Cited. 4 CA 137. Cited. 13 CA 230, 233. Cited. 15 CA 150, 155.
Subsec. (a):
Cited. 217 C. 404, 414.
Sec. 42-110n. Consent orders. (a) In the administration of this chapter, the commissioner, any time after the issuance of a complaint provided for in subsection (d) of
section 42-110d, may accept an agreement by any person charged with violating the
provisions of section 42-110b to enter into a written consent order in lieu of an adjudicative hearing. The acceptance of a consent order shall be within the complete discretion of
the commissioner or such presiding officer as had been designated by the commissioner.
(b) The consent order provided for in subsection (a) of this section shall contain:
(1) An admission of all jurisdictional facts; (2) an express waiver of the right to seek
judicial review or otherwise to challenge or contest the validity of the order; (3) a provision that the complaint may be used in construing the terms of the consent order; (4) a
statement that the consent order shall have the same force and effect as an order entered
after a full hearing and shall become final when issued; (5) a specific assurance of
discontinuance of each of the acts alleged in the complaint; (6) the signature of each of
the individual respondents or his counsel; and (7) the signature of the commissioner or
of his authorized representative.
(c) Negotiations leading up to the acceptance of a consent order are not open to the
public. The consent order itself is a matter of public record.
(d) A consent order shall have the same force and effect as a cease and desist order
issued pursuant to subsection (d) of section 42-110d.
(P.A. 75-618, S. 7, 11.)
Cited. 186 C. 507, 520.
Sec. 42-110o. Civil penalties. (a) Any person who violates the terms of a temporary restraining order or an injunction issued under subsection (d) of section 42-110d
or subsection (a) of section 42-110m shall forfeit and pay to the state a civil penalty of
not more than twenty-five thousand dollars per violation. For purposes of this section
the court issuing the injunction shall retain jurisdiction, and the cause shall be continued,
and in such cases the Attorney General acting in the name of the state may petition for
recovery of civil penalties.
(b) In any action brought under section 42-110m, if the court finds that a person is
wilfully using or has wilfully used a method, act or practice prohibited by section 42-110b, the Attorney General, upon petition to the court, may recover, on behalf of the
state, a civil penalty of not more than five thousand dollars for each violation. For
purposes of this subsection, a wilful violation occurs when the party committing the
violation knew or should have known that his conduct was a violation of section 42-110b.
(P.A. 75-618, S. 9, 11; P.A. 87-297; P.A. 94-15, S. 2.)
History: P.A. 87-297 amended Subsec. (a) by adding reference to temporary restraining orders or injunctions issued
under Subsec. (a) of Sec. 42-110m; P.A. 94-15 increased the civil penalty in Subsec. (b) to "five thousand dollars" from
"two thousand dollars".
Cited. 186 C. 507, 520. Cited. 238 C. 216.
Subsec. (b):
Cited. 217 C. 404, 406. Court not required to consider whether defendant was easily accessible to the public or whether
anyone was actually harmed by the unfair or deceptive trade practice in determining whether to assess penalty; section
does not require the defendant have had actual knowledge that the practice was unfair or deceptive. 246 C. 721.
Sec. 42-110p. Dissolution, suspension or forfeiture of corporate franchise for
violation of injunction. Upon petition by the Attorney General, the superior court for
the judicial district of Hartford may, in its discretion, order the dissolution or suspension
or forfeiture of the franchise of any corporation which violates the terms of any injunction
issued under section 42-110m.
(P.A. 75-618, S. 10, 11; P.A. 80-483, S. 170, 186; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8;
P.A. 95-220, S. 4-6.)
History: P.A. 80-483 substituted "judicial district of Hartford-New Britain" for "Hartford county"; 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. 95-220 changed the
effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 186 C. 507, 520.
Sec. 42-110q. Service contract agreements. Fee disclosure required. (a) For the
purposes of this section: (i) "Service contractor" is defined as a person engaged in the
business of repairing, overhauling, adjusting, assembling or disassembling consumer
goods; (ii) "person" means a natural person, corporation, limited liability company,
trust, partnership, incorporated or unincorporated association, and any other legal entity;
(iii) "consumer goods" means any article purchased, leased or rented primarily for personal, family or commercial purpose.
(b) It shall be an unfair or deceptive trade practice, in violation of this chapter,
for any service contractor to fail to disclose to a prospective customer, at the time the
prospective customer makes initial contact by any means with the service contractor, that
a service call made by the service contractor to the home or business of the prospective
customer will require the payment by the prospective customer to the service contractor
of separate and distinct fees for the following, if such is the case: (i) Service charge,
defined as the fee charged by the service contractor to respond to the request for services;
(ii) labor charge.
(P.A. 77-464, S. 1, 2; P.A. 95-79, S. 155, 189.)
History: P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995.
Cited. 186 C. 507, 520.
Cited. 41 CA 754.
Subsec. (a):
Cited. 24 CA 85, 90.