You asked for a summary of the penalties for violations of CUTPA.

SUMMARY

CUTPA authorizes the commissioner of the Department of Consumer Protection to issue cease and desist orders and award restitution in cases involving up to $ 5,000. The commissioner may ask the attorney general to seek judicial enforcement of his orders. Courts may issue restraining orders; award actual and punitive damages, costs, and reasonable attorneys fees; and impose civil penalties of up to $ 5,000 for willful violations and $ 25,000 for violation of a restraining order

CUTPA VIOLATIONS

The law prohibits businesses from engaging in unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade or commerce (CGS § 42-110b). Further, the law specifies that certain specific acts or practices constitute a violation of CUTPA. These are known as “per se CUTPA violations. ” For example, any violation of the Home Improvement Act is deemed to violate CUTPA (CGS § 20-427(c)). In addition to the per se violations specified in statute, CUTPA allows the commissioner of the Department of Consumer Protection (DCP) to issue regulations defining what constitutes an unfair trade practice. For example, the regulations make it an unfair or deceptive act or practice for a seller to make any price comparison based upon a price unless certain conditions are met (Conn. Agencies Reg. § 42-110b-12a).

DCP ENFORCEMENT

CUTPA authorizes DCP to investigate complaints. In this regard, the DCP commissioner may issue subpoenas, administer oaths, and conduct hearings. Further, the commissioner and his representatives may (1) enter and investigate any establishment at reasonable times, (2) check invoices and records, (3) have access to and copy documents, (4) execute investigative demands, and (5) take certain other investigatory actions.

If the commissioner has reason to believe that someone has violated CUTPA, he may conduct a hearing after giving a notice that states the charges. Testimony must be taken under oath. The commissioner has the power to issue subpoenas to compel the appearance of witnesses or the production of documents (CGS § 42-110d).

CUTPA PENALTIES

If after the hearing, the commissioner is of the opinion that a violation has occurred, he must state in writing his findings of fact and issue a cease and desist order. In cases involving less than $ 5,000, he may also order restitution. The commissioner may also enter into consent agreements and ask the attorney general to seek judicial enforcement of his orders (CGS §§ 420110d, 42-110m, and 42-110n). The commissioner’s order may be appealed to the Superior Court in accordance with the Uniform Administrative Procedure Act (CGS § 42-110e).

Courts may issue restraining orders; award actual and punitive damages, costs, and reasonable attorneys fees; and impose civil penalties of up to $ 5,000 for willful violations and $ 25,000 for violation of a restraining order (CGS §§ 42-110d, 42-110k, 42-110m, and 42-110o).

Someone who has suffered an ascertainable loss of money or property, real or personal, because of a CUTPA violation may sue to recover actual damages (CGS § 42-110g).

DD: ro