Conn. Gen. Stat. § 42a-2-612 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-612
Sec. 42a-2-612. “Installment contract”; breach.
Status: in_force

(2) The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.

(3) Whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.

Cited. 165 C. 300; 183 C. 266.

Subsec. (3):

Seller's remedy to cancel is not waived by a lawsuit seeking recovery for payments due where it is seller's intention to bring the contract to an end. 180 C. 714. Cited. 202 C. 277.
Conn. Gen. Stat. § 42-391 — Connecticut Code / Title 42 / Chapter 743aa / Section 42-391
Sec. 42-391. Definitions.
Status: in_force

(1) “Conspicuous”, with reference to a provision or statement, means so written, displayed or presented that a reasonable person against which it is to operate should have noticed it. Whether a provision or statement is conspicuous is a decision for the court. Conspicuous provisions or statements include the following:

(A) A heading in capitals equal in size to or greater in size than the surrounding text, or in contrasting type, font or color to the surrounding text of the same or lesser size; and

(B) Language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language.

(2) “Consumer lease” means a lease in which:

(A) The lessee is obligated for a term of more than four months and for a total contractual obligation of one hundred fifty thousand dollars or less, excluding residual value, payments for options to renew or purchase and payments to persons other than the holder, whether or not the lessee has the option to purchase or otherwise become the owner of the goods at the expiration of the lease; and

(B) When the lease is consummated, the goods are intended by the lessee primarily for personal, family or household purposes.

(3) “Federal Consumer Leasing Act” means Chapter 5 of Title I of the Consumer Credit Protection Act, 15 USC Sections 1667 to 1667f, inclusive, as amended. The term includes regulations issued by the Board of Governors of the Federal Reserve System or the Bureau of Consumer Financial Protection pursuant to that act, Regulation M, 12 CFR Part 213, as amended.

(4) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.

(5) “Goods” means all things that are movable at the time of identification to a consumer lease, or are fixtures. The term does not include money, documents, letters of credit, letter-of-credit rights, instruments, investment property, accounts, chattel paper, deposit accounts, general intangibles or minerals or the like, including oil and gas, before extraction.

(6) “Guarantor” means an individual who becomes obligated to perform as an additional obligor under a consumer lease because the original lessee either does not meet the lessor's credit standards or is in default under the lease. The term does not include:

(A) An individual who agrees or requests to become obligated as a colessee; or

(B) An assignor of a consumer lease.

(7) “Holder” means a lessor or, if the lessor's interest is assigned, the assignee for the period of the assignee's ownership of the interest.

(8) “Lease” means a transfer of the right to possession and use of goods for a period in return for consideration. The term does not include a sale on approval, a sale or return or another sale, or the retention or creation of a security interest. The term includes a sublease.

(9) “Lessee” means an individual who acquires, applies for, or is offered the right to possession and use of goods under a consumer lease. The term includes a legal representative of, fiduciary for or successor in interest to, an individual who is a lessee, but does not include a guarantor on a consumer lease.

(10) “Lessor” means a person that transfers the right to possession and use of goods under a consumer lease.

(11) “Motor vehicle” means a vehicle required by law to be registered under section 14-12 .

(12) “Open-end consumer lease” means a consumer lease in which the lessee's liability at the expiration of the lease is based on the difference between the residual value and the realized value of the leased goods.

(13) “Realized value” means a valuation of the goods at the time the holder assesses liability on the lessee in connection with termination of the lease, as determined under section 42-420 .

(14) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(15) “Sign” means:

(A) To execute or adopt a tangible symbol with the present intent to authenticate a record; or

(B) To attach or logically associate an electronic symbol, sound or process to or with a record with the present intent to authenticate a record.

(16) “State” means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

(b) The following terms used in sections 42-270 to 42-271a , inclusive, and 42-390 to 42-434 , inclusive, have the meanings ascribed in the Uniform Commercial Code:

“Accession”. Section 42a-9-102 (a).

“Agreement”. Section 42a-1-201 (b).

“Contract”. Section 42a-1-201 (b).

“Investment property”. Section 42a-9-102 (a).

“Money”. Section 42a-1-201 (b).

“Person”. Section 42a-1-201 (b).

“Person related to”. Section 42a-9-102 (a).

“Security interest”. Section 42a-1-201 (b).

“Send”. Section 42a-1-201 (b).

(c) The following terms used in sections 42-270 to 42-271a , inclusive, and 42-390 to 42-434 , inclusive, have the meanings ascribed in the federal Consumer Leasing Act:

(1) “Adjusted capitalized cost”;

(2) “Capitalized cost reduction”;

(3) “Gross capitalized cost”;

(4) “Rent charge”; and

(5) “Residual value”.
Conn. Gen. Stat. § 42a-1-308 — Connecticut Code / Title 42a / Chapter 1 / Section 42a-1-308
Sec. 42a-1-308. Performance or acceptance under reservation of rights.
Status: in_force

(b) Subsection (a) of this section does not apply to an accord and satisfaction.

Subsec. (a):

The trial court's finding that plaintiffs who waived the minimum purchase requirement for the 3rd through 5th contract years did not indicate their intent to reserve their rights as to those or subsequent contract years and thus waived said requirement in the 6th contract year was not clearly erroneous; the obligee bears the risk of any ambiguity arising from its failure to clearly announce whether its decision repeatedly to waive those rights is to be construed as a continuing waiver. 318 C. 737.
Conn. Gen. Stat. § 42a-2A-728 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-728
Sec. 42a-2A-728. Lessee's duties as to rightfully rejected goods.
Status: in_force

(b) An action by the lessee under subsection (a) of this section is not acceptance or conversion.
Conn. Gen. Stat. § 42a-9-627 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-627
Sec. 42a-9-627. Determination of whether conduct was commercially reasonable.
Status: in_force

(b) A disposition of collateral is made in a commercially reasonable manner if the disposition is made:

(1) In the usual manner on any recognized market;

(2) At the price current in any recognized market at the time of the disposition; or

(3) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.

(c) A collection, enforcement, disposition or acceptance is commercially reasonable if it has been approved:

(1) In a judicial proceeding;

(2) By a bona fide creditors' committee;

(3) By a representative of creditors; or

(4) By an assignee for the benefit of creditors.

(d) Approval under subsection (c) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition or acceptance is not commercially reasonable.

(e) Notwithstanding the provisions of subsection (b), in a consumer transaction the determination of a deficiency or surplus is subject to the court determination of the proper rule that applies to a consumer transaction under subsection (b) of section 42a-9-626 .
Conn. Gen. Stat. § 42a-2A-405 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-405
Sec. 42a-2A-405. Sale or sublease of goods by lessee.
Status: in_force

(b) A lessee with a voidable leasehold interest acquired in a lease transaction from a lessor has power to transfer a good leasehold interest to a good faith subsequent lessee for value to which the goods have been delivered. Under this subsection, a voidable leasehold interest is acquired when the goods have been delivered under the lease contract even if:

(1) The lessor was deceived as to the identity of the lessee;

(2) The delivery was in exchange for a check later dishonored; or

(3) The delivery was procured through fraud punishable under criminal law.

(c) A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee that is a merchant dealing in goods of that kind to which the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the rights of the lessor and lessee to the goods and takes free of the existing lease contract.

(d) A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.
Conn. Gen. Stat. § 42a-9-805 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-805
Sec. 42a-9-805. Effectiveness of action taken before July 1, 2013.
Status: repealed

(b) Public act 11-108* does not render ineffective an effective financing statement that, before July 1, 2013, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this article in effect on June 30, 2013. However, except as otherwise provided in subsections (c) and (d) of this section and section 42a-9-806 , the financing statement ceases to be effective:

(1) If the financing statement is filed in this state, at the time the financing statement would have ceased to be effective had public act 11-108* not taken effect; or

(2) If the financing statement is filed in another jurisdiction, at the earlier of:

(A) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or

(B) June 30, 2018.

(c) The filing of a continuation statement on or after July 1, 2013, does not continue the effectiveness of a financing statement filed before July 1, 2013. However, upon the timely filing of a continuation statement on or after July 1, 2013, and in accordance with the law of the jurisdiction governing perfection as provided in this article, as amended by public act 11-108*, the effectiveness of a financing statement filed in the same office in that jurisdiction before July 1, 2013, continues for the period provided by the law of that jurisdiction.

(d) Subparagraph (B) of subdivision (2) of subsection (b) of this section applies to a financing statement that, before July 1, 2013, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this article in effect on June 30, 2013, only to the extent that this article, as amended by public act 11-108*, provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.

(e) A financing statement that includes a financing statement filed before July 1, 2013, and a continuation statement filed on or after July 1, 2013, is effective only to the extent that it satisfies the requirements of part 5 of this article, as amended by public act 11-108*, for an initial financing statement. A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of subdivision (2) of subsection (a) of section 42a-9-503 , as amended by public act 11-108*. A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of subdivision (3) of subsection (a) of section 42a-9-503 , as amended by public act 11-108*.

*Note: Public act 11-108 is entitled “An Act Concerning Amendments to Article 9 of the Uniform Commercial Code Concerning Secured Transactions”. (See Reference Table captioned “Public Acts of 2011” in Volume 16 which lists the sections amended, created or repealed by the act.)
Conn. Gen. Stat. § 42a-2-512 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-512
Sec. 42a-2-512. Payment by buyer before inspection.
Status: in_force

(2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer's right to inspect or any of his remedies.
Conn. Gen. Stat. § 42a-9-312 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-312
Sec. 42a-9-312. Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights and money. Perfection by permissive filing. Temporary perfection without filing or transfer of possession.
Status: in_force

(b) Except as otherwise provided in subsections (c) and (d) of section 42a-9-315 for proceeds:

(1) A security interest in a deposit account may be perfected only by control under section 42a-9-314 ;

(2) And except as otherwise provided in subsection (d) of section 42a-9-308 , a security interest in a letter-of-credit right may be perfected only by control under section 42a-9-314 ; and

(3) A security interest in money may be perfected only by the secured party's taking possession under section 42a-9-313 .

(c) While goods are in the possession of a bailee that has issued a negotiable document covering the goods:

(1) A security interest in the goods may be perfected by perfecting a security interest in the document; and

(2) A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time.

(d) While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by:

(1) Issuance of a document in the name of the secured party;

(2) The bailee's receipt of notification of the secured party's interest; or

(3) Filing as to the goods.

(e) A security interest in certificated securities, negotiable documents or instruments is perfected without filing or the taking of possession or control for a period of twenty days from the time it attaches to the extent that it arises for new value given under an authenticated security agreement.

(f) A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for twenty days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of:

(1) Ultimate sale or exchange; or

(2) Loading, unloading, storing, shipping, transshipping, manufacturing, processing or otherwise dealing with them in a manner preliminary to their sale or exchange.

(g) A perfected security interest in a certificated security or instrument remains perfected for twenty days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of:

(1) Ultimate sale or exchange; or

(2) Presentation, collection, enforcement, renewal or registration of transfer.

(h) After the twenty-day period specified in subsection (e), (f) or (g) expires, perfection depends upon compliance with this article.
Conn. Gen. Stat. § 42a-2-505 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-505
Sec. 42a-2-505. Seller's shipment under reservation.
Status: in_force

(2) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the preceding section but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title.
Conn. Gen. Stat. § 42a-9-304 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-304
Sec. 42a-9-304. Law governing perfection and priority of security interests in deposit accounts.
Status: in_force

(b) The following rules determine a bank's jurisdiction for purposes of this part:

(1) If an agreement between the bank and the debtor governing the deposit account expressly provides that a particular jurisdiction is the bank's jurisdiction for purposes of this part, this article or this title, that jurisdiction is the bank's jurisdiction.

(2) If subdivision (1) does not apply and an agreement between the bank and its customer governing the deposit account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the bank's jurisdiction.

(3) If neither subdivision (1) nor subdivision (2) applies and an agreement between the bank and its customer governing the deposit account expressly provides that the deposit account is maintained at an office in a particular jurisdiction, that jurisdiction is the bank's jurisdiction.

(4) If none of the preceding subdivisions applies, the bank's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customer's account is located.

(5) If none of the preceding subdivisions applies, the bank's jurisdiction is the jurisdiction in which the chief executive office of the bank is located.
Conn. Gen. Stat. § 42a-9-204 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-204
Sec. 42a-9-204. After-acquired property. Future advances.
Status: in_force

(b) A security interest does not attach under a term constituting an after-acquired property clause to:

(1) Consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within ten days after the secured party gives value; or

(2) A commercial tort claim.

(c) A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.

Security agreement including as collateral all inventory “owned or hereafter acquired” was applicable to inventory acquired after the agreement was filed. 168 C. 152.

Mere possession of property by debtor does not give him rights in it which he is required to have before it can be collateral in a security transaction. 25 CS 327. Cited. 35 CS 73.
Conn. Gen. Stat. § 42a-2A-737 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-737
Sec. 42a-2A-737. Prepaying lessee's right to goods.
Status: in_force

(b) A lessee may recover from the lessor by replevin, detinue, sequestration, claim and delivery, or the like, goods identified to the lease contract if, after reasonable efforts, the lessee is unable to effect cover for the goods or the circumstances reasonably indicate that an effort to obtain cover would be unavailing.

(c) If the requirements of subsection (a) or (b) of this section are satisfied, the lessor's right vests upon identification of the goods to the lease contract even if the lessor has not then repudiated the lease contract or failed to deliver as required by the lease contract.
Conn. Gen. Stat. § 42-103rr — Connecticut Code / Title 42 / Chapter 734b / Section 42-103rr
Sec. 42-103rr. Exchange company. Liability exceptions.
Status: in_force

(b) A developer shall not incur any liability arising out of the use, delivery or publication to a purchaser of written information or audio-visual materials provided to such developer by the exchange company in accordance with section 42-103nn , unless the developer knows or has reason to know that the materials are inaccurate or false.

(c) No exchange company shall have any liability with respect to any violation under sections 42-103cc to 42-103ddd , inclusive, arising out of the use by a developer of information relating to an exchange program other than that provided to the developer by the exchange company.

(d) An exchange company may elect to deny exchange privileges to any purchaser whose use of the accommodations of the purchaser's time share plan is denied, and no exchange program or exchange company shall be liable to any of its members or third parties on account of any such denial of exchange privileges.

(e) Except for written information or audio-visual materials provided to a developer by an exchange company, an exchange company shall not incur liability as a result of (1) a representation made by a developer that relates to any exchange program or exchange company, or (2) the use, delivery or publication by a developer of information that relates to an exchange program or exchange company.
Conn. Gen. Stat. § 42-419 — Connecticut Code / Title 42 / Chapter 743aa / Section 42-419
Sec. 42-419. Repossession. Application of realized value. Electronic self help.
Status: in_force

(b) After repossession of the goods on a lessee's default, the holder shall apply the realized value of the goods as provided in the lease or, if the lease contains no such provision, in the following order:

(1) Default charges and collection costs imposed under the lease;

(2) Obligations of the lessee that are due or in default under the lease; and

(3) The liability of the lessee on early termination of the lease.

(c) Unless otherwise agreed, a lessee is liable for any deficiency after application of the realized value. The holder may apply to the deficiency a security deposit taken under subdivision (1) of subsection (b) of section 42-409 but shall refund to the lessee any amount of the security deposit remaining after satisfaction of the deficiency.

(d) (1) In this subsection, “electronic self help” means the use of electronic means to exercise a holder's rights pursuant to subsection (a) of this section and “electronic” means relating to technology that has electrical, digital, magnetic or wireless optical electromagnetic properties or similar capabilities. “Electronic self help” includes the use of electronic means to locate the goods.

(2) Electronic self help is permitted only if the lessee separately agrees to a term of the lease authorizing electronic self help that requires notice of exercise as provided in subdivision (3) of this subsection.

(3) Before resorting to electronic self help authorized by a term of the lease, the holder shall give notice to the lessee stating:

(A) That the holder intends to resort to electronic self help as a remedy on or after fifteen days following communication of the notice to the lessee;

(B) The nature of the claimed breach that entitled the holder to resort to self help; and

(C) The name, title, address and telephone number of a person representing the holder with whom the lessee may communicate concerning the goods.

(4) A lessee may recover direct and incidental damages caused by wrongful use of electronic self help. The lessee may also recover consequential damages for wrongful use of electronic self help even if such damages are excluded by the terms of the lease.

(5) Even if the holder complies with subdivisions (2) and (3) of this subsection, electronic self help may not be used if the holder has reason to know that its use will result in substantial injury or harm to the public health or safety or grave harm to the public interest substantially affecting third parties not involved in the dispute.
Conn. Gen. Stat. § 42-529e — Connecticut Code / Title 42 / Chapter 743jj / Section 42-529e
Sec. 42-529e. Enforcement by Attorney General. Notice of violation. Cure period. Report. Penalty.
Status: in_force

(b) (1) During the period beginning October 1, 2024, and ending December 31, 2025, if the Attorney General, in the Attorney General's discretion, determines that a controller or processor has violated any provision of sections 42-529 to 42-529d , inclusive, but may cure such alleged violation, the Attorney General shall provide written notice to such controller or processor, in a form and manner prescribed by the Attorney General and before the Attorney General commences any action to enforce such provision, disclosing such alleged violation and such provision.

(2) (A) Not later than thirty days after a controller or processor receives a notice under subdivision (1) of this subsection, the controller or processor may send a notice to the Attorney General, in a form and manner prescribed by the Attorney General, disclosing that such controller or processor has: (i) Determined that such controller or processor did not commit the alleged violation of sections 42-529 to 42-529d , inclusive; or (ii) cured such violation and taken measures that are sufficient to prevent further such violations.

(B) If the Attorney General receives a notice described in subparagraph (A) of this subdivision and determines, in the Attorney General's discretion, that the controller or processor that sent such notice did not commit the alleged violation or has cured such violation and taken the measures described in subparagraph (A)(ii) of this subdivision, such controller or processor shall not be liable for any civil penalty under subsection (a) of this section.

(C) Not later than February 1, 2026, the Attorney General shall submit a report, in accordance with section 11-4a , to the joint standing committee of the General Assembly having cognizance of matters relating to general law. Such report shall disclose: (i) The number of notices the Attorney General has issued pursuant to subdivision (1) of this subsection; (ii) the number of violations that were cured pursuant to subparagraphs (A) and (B) of this subdivision; and (iii) any other matter the Attorney General deems relevant for the purposes of such report.

(c) Beginning on January 1, 2026, the Attorney General may, in the Attorney General's discretion, provide to a controller or processor an opportunity to cure any alleged violation of the provisions of sections 42-529 to 42-529d , inclusive, in the manner described in subdivisions (1) and (2) of subsection (b) of this section. In determining whether to grant the controller or processor an opportunity to cure such alleged violation, the Attorney General may consider: (1) The number of such violations that such controller or processor is alleged to have committed; (2) the size and complexity of such controller or processor; (3) the nature and extent of such controller's or processor's processing activities; (4) whether there exists a substantial likelihood that such alleged violation has caused or will cause public injury; (5) the safety of persons or property; (6) whether such alleged violation was likely caused by a human or technical error; and (7) the sensitivity of the data.
Conn. Gen. Stat. § 42-284 — Connecticut Code / Title 42 / Chapter 743m / Section 42-284
Sec. 42-284. Definitions.
Status: in_force

(1) “Automated dialing system” means a device that (A) automatically dials a telephone number, or (B) makes a connection to an end user by means of an automated system that is used to dial a telephone number and transmit a voice communication;

(2) “Caller identification service or device” means any telephone service or device which permits a consumer to view the telephone number, caller name or caller location for an incoming telephonic sales call;

(3) “Commissioner” means the Commissioner of Consumer Protection;

(4) “Consumer” means an actual or prospective purchaser, lessee or recipient of goods or services;

(5) “Consumer goods or services” means articles or services that are purchased, leased, exchanged or received primarily for personal, family or household purposes, and includes, but is not limited to, warranties, gift cards, stocks, bonds, mutual funds, annuities and other financial products;

(6) “Department” means the Department of Consumer Protection;

(7) “Doing business in this state” includes, but is not limited to, conducting one or more telephonic sales calls (A) from a location in this state, (B) from a location outside of this state to resident consumers, or (C) made to a resident consumer or to a telephone number with a Connecticut area code;

(8) “Established business relationship” means an existing relationship that is formed by a voluntary two-way communication between a consumer or entity and a business, with or without an exchange of consideration, on the basis of an application, purchase or transaction regarding property, goods or services offered by the business or entity, which relationship has not been previously terminated by either party;

(9) “Marketing or sales solicitation” means the initiation of a communication, including, but not limited to, a communication made using a telephone call or message, an automated dialing system, a recorded message device, a call using soundboard technology, an over-the-top message or a text or media message, to encourage the purchase or rental of, or investment in, property, goods, services or anything of value that is transmitted to any resident consumer or a telephone number with a Connecticut area code, but does not include the initiation of any such communication (A) to any resident consumer with such resident consumer's prior express written consent if an advance, clear, conspicuous and detailed written disclosure of the scope of such consent was provided to such resident consumer, (B) to any resident consumer in response to a visit made by such resident consumer to an establishment selling, leasing or exchanging consumer goods or services at a fixed location, or (C) to any resident consumer with whom the telemarketer has an established business relationship;

(10) “National Do Not Call Registry” means the registry maintained by the Federal Trade Commission pursuant to 15 USC 6102(a), 16 CFR 310 and 47 CFR 64.1200, as amended from time to time;

(11) “Over-the-top message” means a text-based communication on a platform that uses existing Internet services to deliver messages;

(12) “Person” means an individual, corporation, nonprofit corporation, trust, partnership, limited partnership, incorporated or unincorporated association, limited liability company and any other legal entity;

(13) “Personally identifying information” means an individual's (A) date of birth, (B) mother's maiden name, (C) motor vehicle operator's license number, (D) Social Security number, (E) health insurance identification number, (F) financial account number, (G) security code or personal identification number, or (H) government- issued identification number that is not otherwise made directly available to the public;

(14) “Prior express written consent” means a written agreement that (A) discloses (i) the means by which the telemarketer will call or contact the consumer, including, but not limited to, a telephone system, an automated dialing system, a recorded message device, soundboard technology, over-the-top messaging or text or media messaging, and (ii) the telephone number to which the consumer authorizes the telemarketer to deliver, or cause to be delivered, advertisements or telemarketing messages, (B) clearly and conspicuously authorizes the telemarketer to deliver, or cause to be delivered, to the consumer advertisements or telemarketing messages by way of the means (i) described in subparagraph (A)(i) of this subdivision, and (ii) disclosed in such written agreement, and (C) bears the signature of the consumer;

(15) “Resident consumer” means a consumer who is a resident of this state;

(16) “Soundboard technology” means a technology that allows an individual to communicate with a call recipient in real-time by playing a recorded audio message instead of using the individual's voice;

(17) “Telemarketer” means any person, or any affiliate or subsidiary of any person, doing business in this state that makes, or causes to be made, a telephonic sales call, initiates the sale, lease or rental of consumer goods or services, or offers gifts or prizes with the intent to sell, lease or rent consumer goods by: (A) Telephonic means; (B) use of television, radio or printed advertisement, postcard or other written notice with requests that the resident consumer contact the seller by telephone to inquire about goods or services and such advertisement, postcard or notice does not contain the price or a description of the goods or services; (C) a utomated dialing system; (D) recorded message device; (E) soundboard technology; (F) over-the-top message; or (G) text or media message;

(18) “Telephonic sales call” (A) means a telephone call made to a resident consumer or a telephone number with a Connecticut area code by or on behalf of a telemarketer, including, but not limited to, a telephone call made by way of a live voice, an a utomated dialing system, a recorded message device, soundboard technology, over-the-top messaging or text or media messaging, for the purpose of (i) engaging in a marketing or sales solicitation, (ii) soliciting an extension of credit for consumer goods or services, (iii) obtaining information that will or may be used for a marketing or sales solicitation or an exchange or extension of credit for consumer goods or services, (iv) encouraging such resident consumer to share any personally identifying information or purchase or invest in any property, goods, services or other thing of value if such resident consumer did not previously express any interest in sharing such personally identifying information or purchasing or investing in such property, goods, services or other thing of value, or (v) soliciting such resident consumer to donate any money, property, goods, services or other thing of value if such resident consumer did not previously express any interest in donating such money, property, goods, services or other thing of value, and (B) does not include a telephone call or message described in subparagraph (A) of this subdivision if (i) such call is made or message is sent in response to a request or inquiry made by a resident consumer, including a call or message concerning an item that such resident consumer purchased from the telemarketer during the twelve-month period preceding such call or message, (ii) such call is made or message is sent by a nonprofit organization to a consumer who is on a list of bona fide or active members of such nonprofit organization, (iii) such call or message is limited to polling or soliciting votes or the expression of an idea or opinion, (iv) such call is made or message is sent as part of a business-to-business contact, (v) such call is made or message is sent to a resident consumer who granted prior express written consent to receiving such call or message, (vi) such call is made or message is sent primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call or message, (vii) such call is made or message is sent to an existing customer of a telemarketer unless such customer previously informed the telemarketer, orally or in writing, that such customer no longer wishes to receive such calls or messages from such telemarketer, or (viii) such call is made or message is sent for a religious, charitable, political or other noncommercial purpose;

(19) “Text or media message” (A) means a message that consists of text or any image, sound or other information that is transmitted by or to a device that is identified as the device that sent or received such text, image, sound or information by using a ten-digit telephone number or N11 service code, (B) includes a short message and multimedia message service that contains written, audio, video or photographic content and is sent electronically to a mobile telephone or mobile electronic device telephone number, and (C) does not include electronic mail sent to an electronic mail address; and

(20) “Voice communication” (A) means a communication that is made by an individual, in whole or in part, by using an artificial message, a prerecorded message or a live voice, (B) includes, but is not limited to, a voice message transmitted directly to a recipient's voicemail regardless of whether the recipient's phone rings as part of the transmission, and (C) does not include an automated warning required by law .
Conn. Gen. Stat. § 42a-9-320 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-320
Sec. 42a-9-320. Buyer of goods.
Status: in_force

(b) Except as otherwise provided in subsection (e) of this section, a buyer of goods from a person who used or bought the goods for use primarily for personal, family or household purposes takes free of a security interest, even if perfected, if the buyer buys:

(1) Without knowledge of the security interest;

(2) For value;

(3) Primarily for the buyer's personal, family or household purposes; and

(4) Before the filing of a financing statement covering the goods, except for consumer goods having an original purchase price not in excess of three thousand five hundred dollars.

(c) To the extent that it affects the priority of a security interest over a buyer of goods under subsection (b) of this section, the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by subsections (a) and (b) of section 42a-9-316 .

(d) A buyer in ordinary course of business buying oil, gas or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance.

(e) Subsections (a) and (b) do not affect a security interest in goods in the possession of the secured party under section 42a-9-313 .

Annotations to former section 42a-9-307:

Cited. 221 C. 530.

Cited. 31 CS 524.
Conn. Gen. Stat. § 42a-3-303 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-303
Sec. 42a-3-303. Value and consideration.
Status: in_force

(1) The instrument is issued or transferred for a promise of performance, to the extent the promise has been performed;

(2) The transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding;

(3) The instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due;

(4) The instrument is issued or transferred in exchange for a negotiable instrument; or

(5) The instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.

(b) “Consideration” means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (a), the instrument is also issued for consideration.

Cited. 187 C. 637; 242 C. 17.

Bank which provisionally credits deposit against overdrawn account gives “value”; deposit as “value” discussed. 33 CS 641.
Conn. Gen. Stat. § 42-421 — Connecticut Code / Title 42 / Chapter 743aa / Section 42-421
Sec. 42-421. Early termination liability.
Status: in_force

(1) Unpaid periodic payments, or unpaid late, delinquency or default charges, accrued through the date of early termination;

(2) Charges provided under the lease for excess wear and tear or excess mileage, but only to the extent the excess wear and tear or excess mileage are not otherwise accounted for in the early termination charge;

(3) Other unpaid amounts for which the lessee is responsible under the lease;

(4) Official fees and taxes imposed in connection with lease termination; or

(5) The greater of a reasonable disposition fee in a fixed amount disclosed in the lease or the reasonable costs incurred in retaking, storing, preparing for disposition and disposing of the goods.

(b) A charge imposed on a lessee for early termination of a consumer lease other than an open-end consumer lease may not exceed the total of the remaining periodic payments scheduled under the lease.
Conn. Gen. Stat. § 42a-2-508 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-508
Sec. 42a-2-508. Cure by seller of improper tender or delivery; replacement.
Status: in_force

(2) Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.

Automobile dealer did have the right to attempt to cure any defects in automobile, but this opportunity does not last for an indefinite period of time. 172 C. 112. Cited. 189 C. 433; 203 C. 342; 218 C. 297.

Plaintiff “accepted” goods upon purchasing stone from defendant and subsequently resold stone to a client who arranged for its installation; since there was no “rejection” of the goods, defendant did not have a right to cure within meaning of section. 47 CS 565.

Cited. 5 Conn. Cir. Ct. 447.
Conn. Gen. Stat. § 42-125bb — Connecticut Code / Title 42 / Chapter 738b / Section 42-125bb
Sec. 42-125bb. Unfair trade practices under layaway plans.
Status: in_force

(a) To fail to provide the buyer at the time of entering into the layaway agreement with a written statement of the terms and conditions of the agreement, including the following information: (1) The amount of the deposit received; (2) the length of time the goods will be held on layaway, which may be expressed as a period of time or as a date when final payment for the goods is due; (3) a reasonable description of each of the goods, including but not limited to, where applicable, the type of item, name of manufacturer, color and size, style or model number; (4) the total purchase price of the goods, including a separate listing of the price of each item which could have been individually purchased and of any tax, installation, handling, processing, delivery or freight charges; (5) if all moneys paid on deposit will not be refunded upon cancellation of the layaway agreement, a statement of the portion of the deposit that will be forfeited upon cancellation, provided that any forfeiture of a deposit or portion thereof shall be subject to the provisions of section 42-125cc , title 42a and any other applicable law, and provided further that if any seller fails to comply with this subdivision all moneys paid on deposit shall be refunded upon cancellation; and (6) any other terms and conditions of the layaway agreement;

(b) To misrepresent in any way the seller's policy with reference to a layaway plan to any buyer of consumer goods under such a plan;

(c) To represent to a buyer under a layaway plan that the specific consumer goods chosen by the buyer or an exact duplicate of such consumer goods are actually being physically retained for the buyer when such is not a fact;

(d) To deliver to the buyer after payments pursuant to the layaway plan are completed goods which are not identical or exact substitutes to those specified, unless approval in writing at the time of substitution has been received from the buyer and the provisions of section 42-125cc have been met;

(e) To increase the price of consumer goods purchased under a layaway plan either by increasing the payments or substituting consumer goods which are of a lower quality or price;

(f) To fail to deliver to the buyer, on any date payment is made, a receipt showing the amount and date of that payment and the amount of the balance due;

(g) To fail to deliver to the buyer, upon his request, any consumer goods which have been fully paid for and which were available for separate purchase, because other consumer goods also purchased are not yet fully paid for. Consumer goods of which delivery has been requested shall be deemed to be fully paid for if the total amount of payments equals or exceeds the price of such goods.

See Sec. 52-400f re priority of claims for deposits for consumer goods and services.
Conn. Gen. Stat. § 42-220 — Connecticut Code / Title 42 / Chapter 743f / Section 42-220
Sec. 42-220. Definitions.
Status: in_force

(1) “Dealer” means any person, firm or corporation licensed pursuant to section 14-52 , as a new car dealer or a used car dealer, as defined in section 14-51 , or any person, firm or corporation licensed pursuant to section 14-15 which engages in the business of selling a used motor vehicle to a consumer;

(2) “Motor vehicle” means a motor vehicle, as defined in section 14-1 ;

(3) “Used motor vehicle” means a used or secondhand motor vehicle, as defined in section 14-1 ;

(4) “Cash purchase price” means all amounts charged for the purchase of a motor vehicle, including the value of a trade-in vehicle, except a finance charge; and

(5) “Consumer” means the purchaser, other than for purposes of resale, of a used motor vehicle normally used for personal, family or household purposes, and the spouse or child of the purchaser if such motor vehicle is transferred to the spouse or child during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. “Consumer” does not mean the lessee of a motor vehicle or the spouse, child or other family member of the lessee who, pursuant to a lease contract option, purchases such vehicle at the end of the lease term.

Cited. 31 CA 634.
Conn. Gen. Stat. § 42a-2A-735 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-735
Sec. 42a-2A-735. Lessee's damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods.
Status: in_force

(b) Market rent is determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
Conn. Gen. Stat. § 42a-3-501 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-501
Sec. 42a-3-501. Presentment.
Status: in_force

(b) The following rules are subject to article 4, agreement of the parties, and clearinghouse rules and the like:

(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.

(2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

(3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary endorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.

(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cutoff hour not earlier than two o'clock p.m. For the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cutoff hour.

See Secs. 42a-3-414(b) and 42a-3-502(b)(3) and (4) for successor provisions to Sec. 42a-3-501(1)(a), revised to 1991.

See Secs. 42a-3-415(a), 42a-3-502(a)(1) and (2), and 42a-3-502(b), (c), (d) and (e) for successor provisions to Sec. 42a-3-501(1)(b), revised to 1991.

See Secs. 42a-3-414(f) and 42a-3-415(e) for successor provisions to Sec. 42a-3-501(1)(c), revised to 1991.

See Sec. 42a-3-503(a) for successor provisions to Sec. 42a-3-501(2)(a), revised to 1991, re necessity of notice of dishonor to charge an endorser.

Cited. 32 CS 178; 33 CS 182.
Conn. Gen. Stat. § 42a-3-410 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-410
Sec. 42a-3-410. Acceptance varying draft.
Status: in_force

(b) The terms of a draft are not varied by an acceptance to pay at a particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at that bank or place.

(c) If the holder assents to an acceptance varying the terms of a draft, the obligation of each drawer and endorser that does not expressly assent to the acceptance is discharged.

See Sec. 42a-3-409(a), (b) and (c) for successor provisions to Sec. 42a-3-410, revised to 1991, re acceptance of a draft.

Cashier's check, in which issuing bank is both drawer and drawee, is considered accepted when issued to payee, who may also be the purchaser, and is equivalent to a negotiable promissory note payable on demand. 33 CS 641.
Conn. Gen. Stat. § 42a-3-604 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-604
Sec. 42a-3-604. Discharge by cancellation or renunciation.
Status: in_force

(b) Cancellation or striking out of an endorsement pursuant to subsection (a) does not affect the status and rights of a party derived from the endorsement.

See Sec. 42a-3-603(b) and (c) for successor provisions to Sec. 42a-3-604, revised to 1991, re tender of payment.

Cited. 211 C. 613.

Cited. 41 CS 587.

Subsec. (a):

Court may use its common sense and commercial experience in determining that a preprinted form used in the ordinary course of business satisfies Subdiv. (ii) requirement of a “signed writing”. 73 CA 830.
Conn. Gen. Stat. § 42a-4-405 — Connecticut Code / Title 42a / Chapter 4 / Section 42a-4-405
Sec. 42a-4-405. Death or incompetence of customer.
Status: in_force

(b) Even with knowledge, a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.

Regardless of whether section would have protected defendants if they had made requested payments, trial court could conclude as it did that since plaintiff, when he executed power of attorney, was incompetent to do so, and since he did not subsequently regain his competence and act to ratify his appointment of defendant as attorney in fact, defendant had no authority to request withdrawals from defendants. 6 Conn. Cir. Ct. 148.
Conn. Gen. Stat. § 42a-2-602 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-602
Sec. 42a-2-602. Manner and effect of rightful rejection.
Status: in_force

(2) Subject to the provisions of sections 42a-2-603 and 42a-2-604 , (a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and (b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of subsection (3) of section 42a-2-711 , he is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them; but (c) the buyer has no further obligations with regard to goods rightfully rejected.

(3) The seller's rights with respect to goods wrongfully rejected are governed by the provisions of section 42a-2-703 on seller's remedies in general.

Cited. 182 C. 561; 183 C. 266; 184 C. 10; 189 C. 433; 202 C. 277; 218 C. 297.

Cited. 1 CA 249. Buyer's limited use of a copying machine for 2 months after it notified seller of its rejection, and the limited use by a charitable organization, were not sufficient to constitute acceptance of the machine or to affect the validity of the rejection. Id., 690.

What is “a reasonable time” determined by circumstances and, where buyer never notified seller of rejection of goods but attempted to return them 1 month after delivery, trial court could reasonably conclude there was not timely rejection. 5 Conn. Cir. Ct. 444.
Conn. Gen. Stat. § 42a-2A-732 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-732
Sec. 42a-2A-732. Effect of acceptance; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over.
Status: in_force

(b) Acceptance of goods by a lessee precludes rejection of the goods accepted but does not by itself impair any other remedy provided by this article or the lease agreement for nonconformity.

(c) If a tender of delivery has been accepted, the following rules apply:

(1) The lessee, or a person entitled to enforce a warranty or warranty obligation, shall notify the party claimed against within a reasonable time after the default or breach of warranty was discovered or should have been discovered. However, a failure to give timely notice bars the lessee from a remedy only to the extent that the party entitled to notice establishes that the party was prejudiced by the failure.

(2) Except in the case of a consumer lease, if a claim for infringement or the like is made against a lessee for which a lessor or supplier is answerable over and the lessee is sued as a result of such claim, the lessee shall notify the lessor or supplier within a reasonable time after receiving notice of the litigation or be barred from any remedy over for liability established by the litigation.

(d) A lessee has the burden of establishing a default with respect to goods accepted. A person entitled to enforce a warranty obligation under section 42a-2A-508 has the burden of establishing that the warranty was breached.

(e) In a claim for breach of a warranty, indemnity or other obligation against the lessee for which another party is answerable over, the following rules apply:

(1) The lessee may give notice of the litigation to the other party in a record, and the person notified may then give similar notice of the litigation to any other person that is answerable over. If the notice invites the person notified to intervene in the litigation and defend and states that failure to do so will bind the person notified in any action later brought by the lessor as to any determination of fact common to the two actions, the person notified is so bound, unless, after seasonable receipt of the notice, the person notified intervenes in the litigation and defends.

(2) If the claim is one for infringement or the like, the original lessor or supplier may demand in a record that its lessee turn over control of the litigation, including settlement, or otherwise be barred from any remedy over. If the lessor or supplier also agrees to bear all expense and to satisfy any adverse judgment, the lessee is so barred unless, after seasonable receipt of the demand, control is turned over to the lessor or supplier.

(f) Subsections (c), (d) and (e) of this section apply to an obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like.
Conn. Gen. Stat. § 42a-2A-305 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-305
Sec. 42a-2A-305. Insurance and proceeds.
Status: in_force

(b) If a lessee has an insurable interest only by reason of the lessor's identification of the goods, the lessor may substitute other goods for those identified until the lessee's default or insolvency or notice to the lessee that the identification is final.

(c) The lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee.

(d) This section does not affect any insurable interest recognized under any other law.

(e) The parties, by agreement, may determine that one or more parties have an obligation to obtain and pay for insurance covering the goods and determine the beneficiary of the proceeds of the insurance.

See Sec. 42-500 re insurance disclosures.
Conn. Gen. Stat. § 42a-7-102 — Connecticut Code / Title 42a / Chapter 7 / Section 42a-7-102
Sec. 42a-7-102. Definitions and index of definitions.
Status: in_force

(1) “Bailee” means a person that by a warehouse receipt, bill of lading or other document of title acknowledges possession of goods and contracts to deliver them.

(2) “Carrier” means a person that issues a bill of lading.

(3) “Consignee” means a person named in a bill of lading to which or to whose order the bill promises delivery.

(4) “Consignor” means a person named in a bill of lading as the person from which the goods have been received for shipment.

(5) “Delivery order” means a record that contains an order to deliver goods directed to a warehouse, carrier or other person that in the ordinary course of business issues warehouse receipts or bills of lading.

(6) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.

(7) “Goods” means all things that are treated as movable for the purposes of a contract for storage or transportation.

(8) “Issuer” means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. The term includes a person for which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer's instructions.

(9) “Person entitled under the document” means the holder, in the case of a negotiable document of title, or the person to which delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a nonnegotiable document of title.

(10) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(11) “Sign” means, with present intent to authenticate or adopt a record:

(A) To execute or adopt a tangible symbol; or

(B) To attach to or logically associate with the record an electronic sound, symbol or process.

(12) “Shipper” means a person that enters into a contract of transportation with a carrier.

(13) “Warehouse” means a person engaged in the business of storing goods for hire.

(b) Definitions in other articles applying to this article and the sections in which they appear are:

(1) “Contract for sale”. Section 42a-2-106 .

(2) “Lessee in ordinary course of business”. Section 42a-2A-102 .

(3) “Receipt” of goods. Section 42a-2-103 .

(c) In addition, article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
Conn. Gen. Stat. § 42a-2A-408 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-408
Sec. 42a-2A-408. Special rights of creditors.
Status: in_force

(b) A creditor of a lessor may treat a lease or an identification of goods to a lease contract as void if, as against the creditor, a retention of possession or identification by the lessor is fraudulent under any law of the state in which the goods are situated. However, the retention of possession in good faith and current course of trade by a merchant lessor for a commercially reasonable time after a lease or identification is not fraudulent.

(c) Except as otherwise provided in subsection (a) of this section and sections 42a-2A-404 and 42a-2A-405 , this article does not impair the rights of creditors of the lessor if identification to the lease contract or delivery is not made in current course of trade but is made in satisfaction of or as security for a preexisting claim for money, security or the like under circumstances that under any law of the state where the goods are situated, apart from this article, would constitute a fraudulent transfer or a voidable preference.

(d) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if, as against the creditor, a retention of possession by the seller is fraudulent under any law of the state where the goods are situated. However, it is not fraudulent for a seller to retain possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods if the buyer bought for value and in good faith.
Conn. Gen. Stat. § 42a-9-328 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-328
Sec. 42a-9-328. Priority of security interests in investment property.
Status: in_force

(1) A security interest held by a secured party having control of investment property under section 42a-9-106 has priority over a security interest held by a secured party that does not have control of the investment property.

(2) Except as otherwise provided in subdivisions (3) and (4), conflicting security interests held by secured parties each of which has control under section 42a-9-106 rank according to priority in time of:

(A) If the collateral is a security, obtaining control;

(B) If the collateral is a security entitlement carried in a securities account; and:

(i) If the secured party obtained control under subdivision (1) of subsection (d) of section 42a-8-106 , the secured party's becoming the person for which the securities account is maintained;

(ii) If the secured party obtained control under subdivision (2) of subsection (d) of section 42a-8-106 , the securities intermediary's agreement to comply with the secured party's entitlement orders with respect to security entitlements carried or to be carried in the securities account; or

(iii) If the secured party obtained control through another person under subdivision (3) of subsection (d) of section 42a-8-106 , the time on which priority would be based under this subdivision if the other person were the secured party; or

(C) If the collateral is a commodity contract carried with a commodity intermediary, the satisfaction of the requirement for control specified in subdivision (2) of subsection (b) of section 42a-9-106 with respect to commodity contracts carried or to be carried with the commodity intermediary.

(3) A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party.

(4) A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party.

(5) A security interest in a certificated security in registered form which is perfected by taking delivery under subsection (a) of section 42a-9-313 and not by control under section 42a-9-314 has priority over a conflicting security interest perfected by a method other than control.

(6) Conflicting security interests created by a broker, securities intermediary or commodity intermediary which are perfected without control under section 42a-9-106 rank equally.

(7) In all other cases, priority among conflicting security interests in investment property is governed by sections 42a-9-322 and 42a-9-323 .
Conn. Gen. Stat. § 42-133mm — Connecticut Code / Title 42 / Chapter 739 / Section 42-133mm
Sec. 42-133mm. Sale, transfers or assignment of franchisor's interest.
Status: in_force

(b) When a franchisor sells, transfers or assigns the franchisor's interest in two or more marketing premises marketed as a package to a successor owner, any change in the terms and conditions of the franchise agreement in effect at the time of the sale, transfer or assignment shall be by mutual agreement of the franchisee and the successor owner. Such successor owner shall, at the expiration of the franchise agreement in effect at the time of the sale, transfer or assignment, renew the franchise agreement of each franchisee for the same number of years as the agreement in effect at the time of the sale, transfer or assignment, provided such renewal shall not exceed five years. Any changes to the franchise agreement shall be submitted in good faith by the successor owner and negotiated in good faith by the successor owner and the franchisee. The successor owner shall not require the franchisee to do the following: (1) Take part in promotional campaigns of the successor owner's products; (2) meet sales quotas; (3) sell any product at a price suggested by the successor owner or supplier; (4) keep the premises open and operating during hours which are documented by the franchisee to be unprofitable to the franchisee or during the hours after ten o'clock p.m. and prior to six o'clock a.m.; or (5) disclose to the successor owner or supplier financial records of the operation of the franchise which are not related or necessary to the franchisee's obligations under the franchise agreement. Nothing in this subsection shall affect the successor owner's ability to terminate, cancel or fail to renew a franchise agreement for good cause shown.

(c) If such successor owner intends to sell, transfer or assign to another person such successor owner's interest in the marketing premises that the franchisee has occupied under a lease, sublease or other grant of authority to occupy such premises, the new owner shall first (1) make a bona fide offer to sell, transfer or assign to the franchisee such successor owner's interest in the marketing premises; or (2) if applicable, offer the franchisee a right of first refusal of a bona fide offer made by another acceptable to the successor, to purchase such successor owner's interest in such marketing premises. The franchisee shall have forty-five days in which to accept or reject such offer made under subdivision (1) or (2) of this subsection.

(d) For the purposes of this section, “marketing premises” means premises which, under a franchise agreement, are to be employed by a franchisee in connection with the sale, consignment or distribution of motor fuel.

(e) The provisions of this section shall apply to any franchise agreement in effect on or after July 1, 2000.
Conn. Gen. Stat. § 42-110c — Connecticut Code / Title 42 / Chapter 735a / Section 42-110c
Sec. 42-110c. Exceptions.
Status: in_force

(b) The burden of proving exemption, as provided in this section, from the provisions of this chapter shall be upon the person claiming the exemption.

Cited. 186 C. 507; 190 C. 510; 192 C. 558; 200 C. 172. Municipal housing authority is exempt from liability under CUTPA. 213 C. 354. Cited. 230 C. 486. Municipality is exempt from liability under CUTPA when acting pursuant to a pervasive statutory scheme. 249 C. 1.

Cited. 42 CA 599. Town may not be sued under CUTPA for allegedly overcharging for building permit fees because CUTPA does not apply to the system of issuing building permits and collecting fees which is authorized and regulated by state statute and regulation. 142 CA 326.

Cited. 40 CS 336; 45 CS 11.

Subsec. (a):

Cited. 199 C. 651. Subdiv. (1): CUTPA is subject to the remoteness doctrine as a limitation on standing, and complaint brought re increased power generation at nuclear power station failed to allege direct harm. 300 C. 542.
Conn. Gen. Stat. § 42a-8-104 — Connecticut Code / Title 42a / Chapter 8 / Section 42a-8-104
Sec. 42a-8-104. Acquisition of security or financial asset or interest therein.
Status: in_force

(1) The person is a purchaser to whom a security is delivered pursuant to section 42a-8-301 ; or

(2) The person acquires a security entitlement to the security pursuant to section 42a-8-501 .

(b) A person acquires a financial asset, other than a security, or an interest therein, under this article, if the person acquires a security entitlement to the financial asset.

(c) A person who acquires a security entitlement to a security or other financial asset has the rights specified in part 5, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in section 42a-8-503 .

(d) Unless the context shows that a different meaning is intended, a person who is required by other law, regulation, rule or agreement to transfer, deliver, present, surrender, exchange or otherwise put in the possession of another person a security or financial asset satisfies that requirement by causing the other person to acquire an interest in the security or financial asset pursuant to subsection (a) or (b) of this section.

See Sec. 42a-8-210 for successor provisions to Sec. 42a-8-104, revised to 1997, re overissue.
Conn. Gen. Stat. § 42a-9-104 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-104
Sec. 42a-9-104. Control of deposit account.
Status: in_force

(1) The secured party is the bank with which the deposit account is maintained;

(2) The debtor, secured party and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; or

(3) The secured party becomes the bank's customer with respect to the deposit account.

(b) A secured party that has satisfied subsection (a) of this section has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
Conn. Gen. Stat. § 42a-2-722 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-722
Sec. 42a-2-722. Who can sue third parties for injury to goods.
Status: in_force

Plaintiff seller could bring claim against shipper where buyer defendant would not cooperate; seller upon recovery holds sum as fiduciary for buyer defendant; such claim does not act as waiver of plaintiff seller's present action for price due from defendant buyer for goods shipped FOB buyer's place of business. 5 Conn. Cir. Ct. 597.
Conn. Gen. Stat. § 42a-9-317 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-317
Sec. 42a-9-317. Interests that take priority over or take free of security interest or agricultural lien.
Status: in_force

(1) A person entitled to priority under section 42a-9-322 ; and

(2) Except as otherwise provided in subsection (e) of this section, a person that becomes a lien creditor before the earlier of the time:

(A) The security interest or agricultural lien is perfected; or

(B) One of the conditions specified in subdivision (3) of subsection (b) of section 42a-9-203 is met and a financing statement covering the collateral is filed.

(b) Except as otherwise provided in subsection (e) of this section, a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments or a certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.

(c) Except as otherwise provided in subsection (e) of this section, a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.

(d) A licensee of a general intangible or a buyer, other than a secured party, of collateral other than tangible chattel paper, tangible documents, goods, instruments or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.

(e) Except as otherwise provided in sections 42a-9-320 and 42a-9-321 , if a person files a financing statement with respect to a purchase-money security interest before or within twenty days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee or lien creditor which arise between the time the security interest attaches and the time of filing.

Annotations to former section 42a-9-301:

Cited. 168 C. 152.

Cited. 25 CS 336; 33 CS 616.
Conn. Gen. Stat. § 42-287 — Connecticut Code / Title 42 / Chapter 743m / Section 42-287
Sec. 42-287. Exempted transactions.
Status: in_force

(1) Any transaction between a consumer and a publisher, owner, agent or employee of a newspaper marketing its own publications;

(2) Any transaction between a consumer and a bank, out-of-state bank, Connecticut credit union, federal credit union or out-of-state credit union, as each is defined in section 36a-2 , or a mortgage broker, mortgage correspondent lender, mortgage lender, sales finance company or small loan lender licensed under chapter 668, in which any such person or such person's subsidiary, affiliate or agent markets its own services to a consumer;

(3) Any transaction made pursuant to prior negotiations in the course of a visit by a consumer to a retail business establishment having a fixed, permanent location where goods are exhibited or services are offered for sale on a continuing basis;

(4) Any transaction in which the business establishment or its majority-owned affiliate making the solicitation has a clear, preexisting business relationship with the consumer, provided the consumer has been provided the full name and the business location or phone number of the establishment or its majority-owned affiliate;

(5) Any transaction in which the consumer purchases goods or services pursuant to an examination of a printed advertisement, brochure, catalog or other written material of the telemarketer which contains: (A) The name, address or post office box and telephone number of the telemarketer; (B) a full description of the goods or services being requested, including any handling, shipping or delivery charges; (C) any limitations, conditions or restrictions that apply to the offer; and (D) the refund policy of the telemarketer;

(6) Any transaction in which the telemarketer or its subsidiaries, affiliates or agents is certified by, or providing services pursuant to tariffs filed with, the Public Utilities Regulatory Authority, the Federal Communications Commission or in which the telemarketer is a corporation which is exempt from taxation under 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, and in which the telemarketer is initiating the sale, lease or rental of consumer goods or services or offering gifts with the intent to sell, lease or rent consumer goods or services on its own behalf;

(7) Any transaction in which: (A) The consumer may obtain a full refund for the return of undamaged and unused goods or services to the seller within seven days of receipt by the consumer; (B) the seller will process the refund within thirty days of receipt of the returned goods or notice of cancellation of services by the consumer; and (C) the consumer is clearly and conspicuously notified of his right to full refund for the return of undamaged and unused goods or any services not performed or a pro rata refund for any services not yet performed for the consumer;

(8) Any transaction regulated under chapter 672a between a consumer and any broker-dealer, agent, investment advisor or investment advisor agent registered or specifically excluded from the registration requirement pursuant to chapter 672a;

(9) Any transaction which is subject to the provisions of chapter 740;

(10) Any transaction which is subject to the provisions of chapter 704; or

(11) Any transaction between a consumer and a person or its majority-owned affiliate where such person or its majority-owned affiliate has been continuously operating for at least two years a retail business establishment having a fixed, permanent location under the same name as that used in connection with the telemarketing transaction and the goods or services offered in the telemarketing transaction are also offered for sale at the retail business establishment and telemarketer-originated sales comprise less than fifty per cent of establishment's total sales.
Conn. Gen. Stat. § 42a-9-624 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-624
Sec. 42a-9-624. Waiver.
Status: in_force

(b) A debtor may waive the right to require disposition of collateral under subsection (e) of section 42a-9-620 only by an agreement to that effect entered into and authenticated after default.

(c) Except in a consumer-goods transaction, a debtor or secondary obligor may waive the right to redeem collateral under section 42a-9-623 only by an agreement to that effect entered into and authenticated after default.
Conn. Gen. Stat. § 42-223 — Connecticut Code / Title 42 / Chapter 743f / Section 42-223
Sec. 42-223. Extensions of warranty period. Voidable agreements.
Status: in_force

(b) The term of any such warranty shall be extended by any time during which repair services are not available to the consumer because of a war, invasion or strike, fire, flood or other natural disaster.

(c) Any agreement entered into by a consumer for the purchase of a used motor vehicle which waives, limits or disclaims the rights set forth in sections 42-220 to 42-226 , inclusive, except as provided in subsection (d) of section 42-221 , shall be voidable at the option of the consumer. If a dealer fails to provide a written warranty as required by said sections, the dealer shall be deemed to have given said warranty.

(d) Nothing in sections 42-220 to 42-226 , inclusive, shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
Conn. Gen. Stat. § 42-234 — Connecticut Code / Title 42 / Chapter 743h / Section 42-234
Sec. 42-234. Abnormal market disruptions and prices of energy resources. Definitions. Unconscionably excessive price prohibited. Attorney General notice re abnormal market disruption. Abnormal market disruption upon increase in price of gasoline. Fines on large sellers of gasoline. Ability of Commissioner of Consumer Protection or courts to establish acts or practices as unfair or unconscionable not limited.
Status: in_force

(1) “Energy resource” shall include, but not be limited to, middle distillate, residual fuel oil, motor gasoline, gasohol, propane, aviation gasoline and aviation turbine fuel, natural gas, electricity, coal and coal products, wood fuels, number 2 heating oil used exclusively for heating purposes and any other resource yielding energy;

(2) “Seller” shall include, but not be limited to, a supplier, wholesaler, distributor or retailer involved in the sale or distribution in this state of an energy resource;

(3) “Abnormal market disruption” refers to any stress to an energy resource market resulting from weather conditions, acts of nature, failure or shortage of a source of energy, strike, civil disorder, war, national or local emergency, oil spill or other extraordinary adverse circumstance;

(4) “Margin” means, for each grade of product sold, the percentage calculated by the following formula: One hundred multiplied by a fraction, the numerator of which is the difference between the sales price per gallon and the product price per gallon and the denominator of which is the product price per gallon. For purposes of this subdivision, “product price per gallon” includes all applicable taxes;

(5) “Notice” means a posting made by the Attorney General pursuant to subsection (d) of this section announcing the inception and end date of any abnormal market disruption or the reasonable anticipation of any imminent abnormal market disruption.

(b) No seller during any period of abnormal market disruption or during any period in which an imminent abnormal market disruption is reasonably anticipated shall sell or offer to sell an energy resource for an amount that represents an unconscionably excessive price.

(c) Evidence that (1) the amount charged represents a gross disparity between the price of an energy resource that was the subject of the transaction and the price at which such energy resource was sold or offered for sale by the seller in the usual course of business immediately prior to (A) the onset of an abnormal market disruption, or (B) any period in which an imminent abnormal market disruption is reasonably anticipated, and (2) the amount charged by the seller was not attributable to additional costs incurred by the seller in connection with the sale of such energy resource, shall constitute prima facie evidence that a price is unconscionably excessive.

(d) (1) The Attorney General shall post a notice on the home page of the Internet web site of the office of the Attorney General announcing the inception and end date of any abnormal market disruption or the reasonable anticipation of any imminent abnormal market disruption.

(2) (A) Notwithstanding the provisions of subdivision (1) of this subsection, on or after ninety-one days from April 3, 2012, an abnormal market disruption shall be deemed to occur whenever the wholesale price of motor gasoline or gasohol increases by an amount equal to or greater than fifteen per cent on any day over such price on any prior day, provided any such prior day is not more than ninety days prior to such increase, and such increase results in a wholesale price for motor gasoline or gasohol that is in excess of three dollars per gallon. The Commissioner of Energy and Environmental Protection shall notify the Attorney General and the Commissioner of Consumer Protection upon the occurrence of such increase for the purposes of subparagraphs (B) and (C) of this subdivision.

(B) At any time when an abnormal market disruption is deemed to occur and the Commissioner of Energy and Environmental Protection has provided notice to the Attorney General, as described in subparagraph (A) of this subdivision, the Attorney General shall post a notice, in accordance with the provisions of subdivision (1) of this subsection, provided such abnormal market disruption shall have its inception date on the day after the price increase described in said subparagraph (A), and its end date shall be thirty days after the date of such inception date. Upon the notice of such abnormal market disruption, the Attorney General or the Commissioner of Consumer Protection may immediately take any actions authorized by this section or any other section of the general statutes.

(C) If, during an abnormal market disruption in existence pursuant to this subdivision, the Commissioner of Energy and Environmental Protection determines that the wholesale price of motor gasoline or gasohol has increased by an amount equal to or greater than fifteen per cent over such price on any day during the ninety-day period prior to the day of such increase, a subsequent abnormal market disruption shall be deemed to occur, said commissioner shall provide notice, as described in subparagraph (A) of this subdivision, a new thirty-day period shall be in effect, and the Attorney General and the Commissioner of Consumer Protection shall proceed as described in subparagraph (B) of this subdivision.

(D) For purposes of this subdivision, the Commissioner of Energy and Environmental Protection shall determine the wholesale price on a daily basis by using the calendar day average price for gasoline published by the Oil Price Information Service. To determine whether a fifteen per cent increase has occurred in motor gasoline or gasohol prices during the ninety-day period described in this subdivision, said commissioner shall compare the higher of such calendar day average price at either “Hartford/Rocky Hill” or “New Haven” to the lowest of such calendar day average price at either “Hartford/Rocky Hill” or “New Haven”.

(e) Notwithstanding the provisions of subsections (b) and (c) of this section, it shall not be a violation of this section if a seller sells or offers to sell motor gasoline during an abnormal market disruption or any period in which an imminent abnormal market disruption is reasonably anticipated if the seller's average margin for such motor gasoline during the longer of the following: (1) Any such period of abnormal market disruption or imminent abnormal market disruption, or (2) thirty days following the date notice was provided by the Attorney General pursuant to subsection (d) of this section, is not greater than such seller's maximum margin on the sale of such motor gasoline during the ninety-day period prior to the onset of the abnormal market disruption or period in which an imminent abnormal market disruption is reasonably anticipated.

(f) In addition to any penalty imposed by chapter 735a or this chapter, and in accordance with the procedures described in chapter 735a, the Commissioner of Consumer Protection may impose a fine of not more than ten thousand dollars per violation on any large seller of motor gasoline or gasohol that violates the provisions of this section. For purposes of this subsection, “large seller” means a person engaged in the wholesale or retail sale, or both, of petroleum products in this state or in the wholesale sale of petroleum products for consumption in this state who is required to register with the Commissioner of Energy and Environmental Protection pursuant to section 16a-22d .

(g) (1) In enforcing this section, the Commissioner of Consumer Protection, in said commissioner's sole discretion, may undertake investigations upon consideration of the information presented to the Department of Consumer Protection, including, but not limited to, the number of complaints, the geographic areas reporting possible violations, an increase or decrease over time of the number of complaints, the basis for each complaint, and the credibility of the evidence presented of possible violations.

(2) The commissioner may require that complaints under this section be reported on the department's web site, or in such other way as the commissioner may determine will best serve the interests of the public and the department.

(h) This section shall not be construed to limit the ability of the Commissioner of Consumer Protection or the courts to establish certain acts or practices as unfair or unconscionable in the absence of abnormal market disruptions.
Conn. Gen. Stat. § 42a-2-501 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-501
Sec. 42a-2-501. Insurable interest in goods; manner of identification of goods.
Status: in_force

(2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.

(3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.

Cited. 198 C. 624.
Conn. Gen. Stat. § 42a-2A-602 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-602
Sec. 42a-2A-602. Anticipatory repudiation.
Status: in_force

(1) Await performance by the repudiating party for a commercially reasonable time, or resort to any remedy for default, even if the aggrieved party has urged the repudiating party to retract the repudiation or has notified the repudiating party that the aggrieved party would await the agreed performance; and

(2) In either case, suspend the aggrieved party's own performance or, if a lessor, proceed in accordance with section 42a-2A-718 .

(b) Repudiation includes language that one party will not or cannot make a performance still due under the contract or voluntary, affirmative conduct that reasonably appears to the other party to make a future performance impossible.
Conn. Gen. Stat. § 42a-2-718 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-718
Sec. 42a-2-718. Liquidation or limitation of damages; deposits.
Status: in_force

(2) Where the seller justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled to restitution of any amount by which the sum of his payments exceeds (a) the amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with subsection (1), or (b) in the absence of such terms, twenty per cent of the value of the total performance for which the buyer is obligated under the contract or five hundred dollars, whichever is smaller.

(3) The buyer's right to restitution under subsection (2) is subject to offset to the extent that the seller establishes (a) a right to recover damages under the provisions of this article other than subsection (1), and (b) the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.

(4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2); but if the seller has notice of the buyer's breach before reselling goods received in part performance, his resale is subject to the conditions laid down in section 42a-2-706 on resale by an aggrieved seller.

Cited. 153 C. 681; 202 C. 106; 203 C. 63; 215 C. 316.

Cited. 31 CA 455; 33 CA 575.

Cited. 37 CS 7.
Conn. Gen. Stat. § 42-103aaa — Connecticut Code / Title 42 / Chapter 734b / Section 42-103aaa
Sec. 42-103aaa. Books and records.
Status: in_force

(b) A developer or managing entity shall maintain in its records a copy of each purchase contract for an accommodation sold by the developer for a time share period unless the contract has been canceled. If a sale of the time share estate is pending, the developer shall retain a copy of the contract until a deed of conveyance, agreement for deed or lease is recorded in the real property records of the town, county or other jurisdiction in which the time share property is located.
Conn. Gen. Stat. § 42-528 — Connecticut Code / Title 42 / Chapter 743jj / Section 42-528
Sec. 42-528. Social media platforms and minors. Request to unpublish or delete minor's account. Enforcement. Penalty.
Status: in_force

(1) “Authenticate” means to use reasonable means and make a commercially reasonable effort to determine whether a request to exercise any right afforded under subsection (b) of this section has been submitted by, or on behalf of, the minor who is entitled to exercise such right;

(2) “Consumer” has the same meaning as provided in section 42-515 ;

(3) “Minor” means any consumer who is younger than eighteen years of age;

(4) “Personal data” has the same meaning as provided in section 42-515 ;

(5) “Social media platform” (A) means a public or semi-public Internet-based service or application that (i) is used by a consumer in this state, (ii) is primarily intended to connect and allow users to socially interact within such service or application, and (iii) enables a user to (I) construct a public or semi-public profile for the purposes of signing into and using such service or application, (II) populate a public list of other users with whom the user shares a social connection within such service or application, and (III) create or post content that is viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users, and (B) does not include a public or semi-public Internet-based service or application that (i) exclusively provides electronic mail or direct messaging services, (ii) primarily consists of news, sports, entertainment, interactive video games, electronic commerce or content that is preselected by the provider or for which any chat, comments or interactive functionality is incidental to, directly related to, or dependent on the provision of such content, or (iii) is used by and under the direction of an educational entity, including, but not limited to, a learning management system or a student engagement program; and

(6) “Unpublish” means to remove a social media platform account from public visibility.

(b) (1) Not later than fifteen business days after a social media platform receives a request from a minor or, if the minor is younger than sixteen years of age, from such minor's parent or legal guardian to unpublish such minor's social media platform account, the social media platform shall unpublish such minor's social media platform account.

(2) Not later than forty-five business days after a social media platform receives a request from a minor or, if the minor is younger than sixteen years of age, from such minor's parent or legal guardian to delete such minor's social media platform account, the social media platform shall delete such minor's social media platform account and cease processing such minor's personal data except where the preservation of such minor's social media platform account or personal data is otherwise permitted or required by applicable law, including, but not limited to, sections 42-515 to 42-525 , inclusive. A social media platform may extend such forty-five business day period by an additional forty-five business days if such extension is reasonably necessary considering the complexity and number of the consumer's requests, provided the social media platform informs the minor or, if the minor is younger than sixteen years of age, such minor's parent or legal guardian within the initial forty-five business day response period of such extension and the reason for such extension.

(3) A social media platform shall establish, and shall describe in a privacy notice, one or more secure and reliable means for submitting a request pursuant to this subsection. A social media platform that provides a mechanism for a minor or, if the minor is younger than sixteen years of age, the minor's parent or legal guardian to initiate a process to delete or unpublish such minor's social media platform account shall be deemed to be in compliance with the provisions of this subsection.

(c) If a social media platform is unable to authenticate a request submitted under subsection (b) of this section, the social media platform shall (1) not be required to comply with such request, and (2) provide a notice to the consumer who submitted such request disclosing that such social media platform (A) is unable to authenticate such request, and (B) will not be able to authenticate such request until such consumer provides the additional information that is reasonably necessary to authenticate such request.

(d) Any violation of the provisions of this section shall constitute an unfair trade practice under subsection (a) of section 42-110b and shall be enforced solely by the Attorney General. Nothing in this section shall be construed to create a private right of action or to provide grounds for an action under section 42-110g .
Conn. Gen. Stat. § 42-150bb — Connecticut Code / Title 42 / Chapter 741d / Section 42-150bb
Sec. 42-150bb. Attorney's fees in action based on consumer contract or lease.
Status: in_force

Cited. 208 C. 256; 231 C. 707; 233 C. 304; 240 C. 58. Trial court's award of attorney's fees to defendant reversed where defendant had not filed a motion for attorney's fees pursuant to Practice Book Sec. 11-21; court concluded that the proper procedural vehicle for requesting award of attorney's fees under section is a motion for attorney's fees filed pursuant to Practice Book Sec. 11-21, not a bill of costs filed pursuant to Practice Book Sec. 18-5. 282 C. 418. Term “personal representative” in definition of “consumer” is not limited to a legal representative. 307 C. 608. If defendant moves for an award of attorney's fees pursuant to this section after plaintiff withdraws an action prior to a hearing on the merits pursuant to Sec. 52-80, there exists a rebuttable presumption that defendant is entitled to such fees unless plaintiff can show, by a preponderance of the evidence, that the withdrawal occurred because of some reason other than the actions taken by defendant's counsel. 328 C. 134.

Cited. 14 CA 161. Motion for attorney's fees timely and proper when filed shortly after successful defense of claims. 57 CA 189. Before court may act on motion for counsel fees, it must determine whether contract was one in which the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes. 78 CA 582. Defendant's motion for attorney's fees was properly denied because underlying action was a claim of breach of fiduciary duty, which is a tort claim and not a contract action. 117 CA 745. Defendant was not a “personal representative” because she was not the conservator for party, did not have power of attorney, was not executrix or administratrix of estate, and consistently asserted that she had no authority over party's assets; “personal representative” is undefined but used throughout statutes to refer to person who acts as custodian or guardian of a person who lacks capacity or one with authority to act on behalf of a decedent. 126 CA 646; reversed in part, see 307 C. 608. There is no ambiguity in the text of section as to its applicability to residential leases, and seeking attorney's fees under section in summary process actions does not thwart the purpose behind the summary process statutes. 145 CA 682. Defendants were not entitled to attorney's fees because court did not err in finding notice to quit was not defective and because defendants did not successfully defend the action by vacating the premises, voluntarily providing the relief sought by plaintiff, as a result of which there was no longer a case or controversy. 155 CA 278. Defendant who was successful in defending promissory estoppel and negligence counts but was unsuccessful in defending breach of contract count did not “successfully” defend the action and was not entitled to attorney's fees under section since the latter was the only count “based upon the contract”. 160 CA 470.

“Prevailing party” as used in lease in question and statute includes defendants in cases that are withdrawn. 41 CS 417. The mortgage plaintiff sought to foreclose was a contract for the purposes of section; section does not require defendant to defeat the underlying obligation but simply to defeat plaintiff's action brought against him; in this case, withdrawal of the action constituted a successful defense and therefore defendant is entitled to legal fees under section. 52 CS 32.
Conn. Gen. Stat. § 42-241 — Connecticut Code / Title 42 / Chapter 743i / Section 42-241
Sec. 42-241. Written agreement. Information which must be disclosed.
Status: in_force

(1) A brief description of the rented property, sufficient to identify the property to the lessee and lessor. If the agreement is for multiple items, a description of each item may be provided in a separate statement which is incorporated by reference in the primary disclosure statement;

(2) Whether the property is new or used;

(3) The total amount of any initial payment, including any advance payment, delivery charge or any trade-in allowance, to be paid by the lessee at or before consummation of the rent-to-own agreement;

(4) The amount and timing of renewal payments;

(5) The cash price of the rented property at the time of consummation. If the rent-to-own agreement is for two or more items, then the aggregate cash price for all items shall satisfy this requirement;

(6) The total number of payments and the total amount of such payments necessary to acquire ownership, to be denominated “rent-to-own price”;

(7) The difference between the cash price and the rent-to-own price;

(8) A statement that the lessee has the option to purchase the rented property during the term of the rent-to-own agreement by the formula for early purchase set forth in section 42-249 ;

(9) The lessee's right to reinstate a terminated rent-to-own agreement and the amount, or method of determining the amount, of any penalties or other charges for reinstatement as established in section 42-246 ;

(10) The amount of all other charges, individually itemized, payable by the lessee to the lessor, which are not included in the renewal payments;

(11) A statement indicating which party shall be liable for loss, damage in excess of normal wear and tear or destruction of the rented property;

(12) A statement that the lessor is responsible for maintaining or servicing the rented property, together with a brief description of this responsibility;

(13) A statement of the conditions under which the lessee or lessor may terminate the agreement;

(14) A statement that, if any part of a manufacturer's warranty continues to cover the rented property at the time the lessee assumes ownership of the property, it will be passed on to the lessee if allowed by the terms of the warranty;

(15) A statement that the rent-to-own agreement may be cancelled by the lessee without penalty at any time;

(16) If the rent-to-own agreement is sold as a negotiable instrument, a statement that any holder of the rent-to-own agreement shall be subject to all claims and defenses which the lessee could assert against the lessor.

(b) All information required by this section shall be stated in a clear and coherent manner, using words and phrases of common meaning, and all rent-to-own agreements shall comply with sections 42-151 to 42-158 , inclusive. A rent-to-own agreement shall be dated and in writing. The printed portion of the agreement shall be in at least eight-point type. The cash price, rent-to-own price, and the difference between the two amounts shall be in at least ten-point, boldface type. The information shall be appropriately divided and captioned by its sections. All numerical amounts and percentages shall be stated in figures. The information shall be disclosed by the lessor to the lessee prior to the signing of the agreement by the lessee. All the information required by this section shall be provided directly on the agreement or instrument or on a separate form.

(c) In a consumer rent-to-own agreement, the lessor shall make the disclosures required by this section in the manner required by subsection (b) of this section before consummation of the rent-to-own agreement.

(d) At the lessor's option, information in addition to that required by this section may be disclosed if the additional information is not stated, utilized or placed in a manner which will contradict, obscure or distract attention from the required information.
Conn. Gen. Stat. § 42a-9-405 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-405
Sec. 42a-9-405. Modification of assigned contract.
Status: in_force

(b) Subsection (a) applies to the extent that:

(1) The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or

(2) The right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under subsection (a) of section 42a-9-406 .

(c) This section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family or household purposes.

(d) This section does not apply to an assignment of a health-care-insurance receivable.
Conn. Gen. Stat. § 42-460 — Connecticut Code / Title 42 / Chapter 743cc / Section 42-460
Sec. 42-460. Gift certificate subject to expiration date prohibited. Honoring gift certificate reported as abandoned property.
Status: in_force

(b) Nothing in this section shall be construed to prevent a holder from honoring a gift certificate, the unredeemed value of which has been reported to the Treasurer pursuant to part III of chapter 32, and thereafter seeking reimbursement from the Treasurer.
Conn. Gen. Stat. § 42-217 — Connecticut Code / Title 42 / Chapter 743e / Section 42-217
Sec. 42-217. Penalties. Defenses.
Status: in_force

(b) It shall be a defense to any charge brought in accordance with the provisions of chapter 735a, concerning unfair trade practices, pursuant to subsection (a) of this section, that a retailer ordered the advertised merchandise which was the subject of the sale, in adequate time for delivery and such merchandise was delivered to the store in quantities sufficient to meet reasonably anticipated demand for such merchandise.

(c) The defense provided for in subsection (b) of this section shall not relieve a retailer of the obligation to offer a rain check or comparable or similar merchandise to consumers in accordance with the provisions of section 42-215 .
Conn. Gen. Stat. § 42-158j — Connecticut Code / Title 42 / Chapter 742b / Section 42-158j
Sec. 42-158j. Required contract provisions re timely payment of contractors, subcontractors and suppliers. Payment requisition statement. Remedy for untimely payments. Penalties. Escrow accounts. Withholding payments due because of disputes prohibited. Progress payments. Rights of action.
Status: in_force

(b) Each payment requisition submitted by a contractor or subcontractor in accordance with the requirements of subsection (a) of this section shall include a statement showing the status of all pending construction change orders, other pending change directives and approved changes to the original contract or subcontract. Such statement shall identify the pending construction change orders and other pending change directives, and shall include the date such change orders and directives were initiated, the costs associated with their performance and a description of any work completed. As used in this section, “pending construction change order” or “other pending change directive” means an authorized directive for extra work that has been issued to a contractor or a subcontractor.

(c) (1) If payment is not made by an owner in accordance with the requirements of subdivision (1) of subsection (a) of this section or any applicable construction contract, such contractor, subcontractor or supplier shall set forth its claim against the owner through notice by registered or certified mail. All amounts due from the owner pursuant to this subsection and subdivision (1) of subsection (a) of this section shall be limited to the amount owed to the contractor by the owner for work performed under the contract at the date such notice is provided.

(2) If payment is not made by a contractor in accordance with the requirements of subdivision (2) of subsection (a) of this section or any applicable construction contract, the subcontractor or supplier shall set forth its claim against the contractor through notice by registered or certified mail.

(3) If payment is not made by a subcontractor or supplier in accordance with the provisions of subdivision (3) of subsection (a) of this section, the subcontractor or supplier to whom money is owed shall set forth its claim against the subcontractor or supplier who has failed to comply with the provisions of said subdivision (3) through notice by registered or certified mail.

(4) Ten days after the receipt of any notice specified in subdivisions (1), (2) and (3) of this subsection, the owner, contractor, subcontractor or supplier, as the case may be, shall be liable for interest on the amount due and owing at the rate of one per cent per month. Such interest shall accrue beginning on the date any such notice is received. In addition, such owner, contractor, subcontractor or supplier, upon written demand from the party providing such notice, shall be required to place funds in the amount of the claim, plus such interest of one per cent per month, in an interest-bearing escrow account in a bank in this state, provided such owner, contractor, subcontractor or supplier may refuse to place the funds in escrow on the grounds that the party making such demand has not substantially performed the work or supplied the materials according to the terms of the construction contract or that the funds so demanded are not due under the owner's contract with the contractor. In the event that such owner, contractor, subcontractor or supplier refuses to place such funds in escrow and such owner, contractor, subcontractor or supplier is found to have unreasonably withheld payment due a party providing such notice, such owner, contractor, subcontractor or supplier shall be liable to the party making demand for payment of such funds and for reasonable attorneys' fees plus interest on the amount due and owing at the rate of one per cent per month. In addition, any owner, contractor, subcontractor or supplier who is found to have withheld payments to a party providing such notice in bad faith shall be liable for ten per cent damages.

(d) No payment may be withheld from a subcontractor or supplier for work performed or materials furnished because of a dispute between a contractor and another contractor, subcontractor or supplier.

(e) This section shall not be construed to prohibit progress payments prior to final payment of the contract and is applicable to all subcontractors and suppliers for material or labor whether they have contracted directly with the contractor or with some other subcontractor on the work. Each owner that enters into a contract under this section and fails or neglects to make payment to a contractor for labor and materials supplied under a contract, as required pursuant to this section, shall, upon demand of any person who has not been paid by the contractor for such labor and materials supplied in the performance of the work under the contract, promptly pay the person for such labor or materials. Demand for payment shall be served on the owner and a copy of each demand shall be sent to the contractor by certified mail, return receipt requested to any address at which the owner and contractor conduct business. If the owner fails to make such payment, the person shall have a direct right of action against the owner in the superior court for the judicial district in which the project is located. The owner's obligations for direct payments to the contractor, subcontractors or suppliers giving notice pursuant to this section shall be limited to the amount owed to the contractor by the owner for work performed under the contract at the date such notice is provided.

Under Subsec. (c)(4), interest for “amount due and owing” does not accrue when a party has a contractual right to dispute the withheld amount and does so in good faith. 158 CA 27.
Conn. Gen. Stat. § 42a-2-714 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-714
Sec. 42a-2-714. Buyer's damages for breach in regard to accepted goods.
Status: in_force

(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.

(3) In a proper case any incidental and consequential damages under the next section may also be recovered.

Cited. 172 C. 112; 182 C. 561; 184 C. 10; 189 C. 433; 218 C. 297.

Cited. 27 CA 688; 33 CA 575.

Cited. 39 CS 107.

Court properly charged damages as difference between what value would have been if car was without defects minus what its present value is. 6 Conn. Cir. Ct. 370.
Conn. Gen. Stat. § 42a-9-518 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-518
Sec. 42a-9-518. Claim concerning inaccurate or wrongfully filed record. Petition to invalidate record that was falsely filed or amended.
Status: in_force

(b) An information statement under subsection (a) of this section must:

(1) Identify the record to which it relates by:

(A) The file number assigned to the initial financing statement to which the record relates; or

(B) If the information statement relates to a record recorded in a filing office described in subdivision (1) of subsection (a) of section 42a-9-501 , the book and page number on which or the date and time that the initial financing statement was recorded;

(2) Indicate that it is an information statement; and

(3) Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.

(c) A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under subsection (d) of section 42a-9-509 .

(d) An information statement under subsection (c) of this section must:

(1) Identify the record to which it relates by:

(A) The file number assigned to the initial financing statement to which the record relates; or

(B) If the information statement relates to a record recorded in a filing office described in subdivision (1) of subsection (a) of section 42a-9-501 , the book and page number on which or the date and time that the initial financing statement was recorded;

(2) Indicate that it is an information statement; and

(3) Provide the basis for the person's belief that the person that filed the record was not entitled to do so under subsection (d) of section 42a-9-509 .

(e) The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.

(f) (1) A person identified in any record filed pursuant to sections 42a-9-501 to 42a-9-526 , inclusive, may petition the Tax and Administrative Appeals Session of the Superior Court to invalidate a record, when such record was falsely filed or amended. The court shall review such petition and determine whether cause exists to doubt the validity of such record. Upon a determination that such cause exists, the court shall, not later than sixty days after the date of such determination, hold a hearing to determine whether to invalidate such record or grant any other relief deemed appropriate by the court. There shall be no fee to petition for a hearing under this section. The person petitioning the court to invalidate a record shall send a copy of the petition to all parties named in such record.

(2) A person who files a petition under subdivision (1) of this subsection shall include, as part of such petition, a certified copy of the record that such person seeks to invalidate.

(3) In determining whether cause exists to doubt the validity of a record under subdivision (1) of this subsection, the court may consider factors that include, but are not limited to, whether (A) the record is related to a valid existing commercial or financial transaction, or a potential commercial or financial transaction, or a judgment of a court of competent jurisdiction; (B) the same individual is named as both debtor and creditor; (C) an individual is named as a transmitting utility; and (D) the record has been filed with the intent to defraud, deceive, injure or harass a person, business or governmental entity.

(4) If the court determines after a hearing that a record identified in a petition filed pursuant to subdivision (1) of this subsection is not valid, the court shall render a judgment that such record is void in its entirety and shall direct the custodian of such record, when feasible, to note that such record is not valid. The court may grant such other relief as it deems appropriate. The petitioner under subdivision (1) of this subsection shall provide a copy of the petition and the judgment of the court granting such petition to the custodian of the record adjudged invalid by the court.
Conn. Gen. Stat. § 42a-3-407 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-407
Sec. 42a-3-407. Alteration.
Status: in_force

(b) Except as provided in subsection (c), an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.

(c) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument (i) according to its original terms, or (ii) in the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed.

Cited. 156 C. 243; 202 C. 277; 233 C. 304; Id., 352; 242 C. 17.

Plaintiff bank is holder in due course of note sold to it by freezer-food company based on contract negotiated by company with defendant; defense that note did not have any sum entered on it when signed by defendants is not available against plaintiff holder in due course. 4 Conn. Cir. Ct. 620. Cited. Id., 625. Defendant endorser who consented to insertions and alterations of checks is disqualified from attacking their validity and his liability thereon. 5 Conn. Cir. Ct. 405.
Conn. Gen. Stat. § 42a-3-105 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-105
Sec. 42a-3-105. Issue of instrument.
Status: in_force

(b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.

(c) “Issuer” applies to issued and unissued instruments and means a maker or drawer of an instrument.

See Sec. 42a-3-106(a) and (b)(ii) for successor provisions to Sec. 42a-3-105, revised to 1991, re unconditional promise or order.

Cited. 149 C. 159.

Notes nonnegotiable because “subject to a subordination agreement dated October 13, 1965” were each transferable or assignable and each was property subject of separate count in one pleading by plaintiff holder upon the default of defendant payor. 6 Conn. Cir. Ct. 28.
Conn. Gen. Stat. § 42-158ff — Connecticut Code / Title 42 / Chapter 742d / Section 42-158ff
Sec. 42-158ff. Automatic renewal and continuous services provisions in consumer agreements. Definitions. Requirements. Disclosures. Termination.
Status: in_force

(1) “Automatic renewal provision” means any provision that is included in a consumer agreement under which a business that is a party to such agreement may renew such agreement without any action on the part of a consumer who is a party to such agreement;

(2) “Business” means any individual or sole proprietorship, partnership, firm, corporation, trust, limited liability company, limited liability partnership, joint stock company, joint venture, association or other legal entity through which commerce for profit or not for profit is conducted;

(3) “Consumer” means any individual who is a resident of this state and a prospective recipient of consumer goods or consumer services;

(4) “Consumer agreement” means any verbal, telephonic, written or electronic agreement, initially entered into or amended on or after October 1, 2023, between a business and a consumer under which a business agrees to provide consumer goods or consumer services to a consumer. “Consumer agreement” does not include any such agreement (A) concerning any service provided by a business or its affiliate where either the business or its affiliate is doing business pursuant to (i) a franchise issued by a political subdivision of the state, or (ii) a license, franchise, certificate or other authorization issued by the Public Utilities Regulatory Authority, (B) concerning any service provided by a business or its affiliate where either the business or its affiliate is regulated by the Public Utilities Regulatory Authority, the Federal Communications Commission or the Federal Energy Regulatory Commission, (C) with any entity regulated by the Insurance Department or an affiliate of such entity, (D) with any bank, out-of-state bank, bank holding company, Connecticut credit union, federal credit union or out-of-state credit union, as said terms are defined in section 36a-2 , or any subsidiary thereof, or (E) concerning any global or national service largely or predominately consisting of audiovisual content;

(5) “Consumer good” means any article that is purchased, leased, exchanged or received primarily for personal, family or household purposes;

(6) “Consumer service” means any service that is purchased, leased, exchanged or received primarily for personal, family or household purposes; and

(7) “Continuous services provision” means any provision that is included in a consumer agreement under which a business that is a party to such agreement may continue to provide consumer services to a consumer who is a party to such agreement until the consumer takes action to prevent or terminate such business's provision of such consumer services under such agreement.

(b) (1) No business shall enter into, or offer to enter into, a consumer agreement with a consumer if such agreement includes an automatic renewal provision or a continuous services provision, unless:

(A) Such business establishes and maintains a toll-free telephone number, an electronic mail address or postal address, or the online means required under subsection (d) of this section, which the consumer may use to prevent automatic renewal or prevent or terminate continuous consumer services;

(B) Where such consumer agreement contains an automatic renewal provision, such business discloses to the consumer, electronically, verbally, telephonically or in writing in the manner specified in subdivision (2) of this subsection and before such automatic renewal, (i) that the business will automatically renew such agreement until such consumer takes action to prevent such automatic renewal, (ii) a description of the actions such consumer is required to take to prevent any automatic renewal of such agreement and, if disclosed electronically, a link or other electronic means such consumer may use to take such actions as described in subsection (d) of this section, (iii) all recurring charges that will be charged to the consumer's credit card, debit card or third-party payment account for any automatic renewal of such agreement and, if the amount of such charges is subject to change, the amount of such change if known by such business, (iv) the length of any automatic renewal term for such agreement unless the consumer selects the length of such term, (v) any additional provisions concerning such renewal term, (vi) any minimum purchase obligation, and (vii) contact information for such business;

(C) Where such consumer agreement contains a continuous services provision, such business discloses to the consumer, electronically, verbally, telephonically or in writing in the manner specified in subdivision (2) of this subsection and before such consumer enters into such agreement, (i) that the business will provide continuous consumer services under such agreement until such consumer takes action to prevent or terminate such continuous consumer services, (ii) a description of the actions such consumer is required to take to prevent or terminate such continuous consumer services, (iii) all recurring charges that will be charged to the consumer's credit card, debit card or third-party payment account for such continuous consumer services and, if the amount of such charges is subject to change, the amount of such change if known by such business, (iv) the duration of such continuous consumer services, (v) any additional provisions concerning such continuous consumer services, (vi) any minimum purchase obligation, and (vii) contact information for such business;

(D) If such business intends to make any material change in the terms of such automatic renewal provision or continuous services provision, such business discloses to the consumer, electronically, verbally, telephonically or in writing in the manner specified in subdivision (2) of this subsection and before such business makes such material change, the material change and a description of the actions such consumer is required to take to cancel such automatic renewal or terminate such continuous consumer services;

(E) If such consumer agreement includes a free gift or trial period, such business discloses to the consumer, electronically, verbally, telephonically or in writing in the manner specified in subdivision (2) of this subsection before such consumer enters into such agreement, (i) the price that such consumer will be charged following expiration of such period, and (ii) any manner in which the pricing for such agreement will change following expiration of such period; and

(F) (i) Except as provided in subparagraph (F)(iii) of this subdivision, if such consumer agreement is offered electronically or telephonically and includes a free gift or trial period, or a discounted or promotional price period, such business discloses to the consumer, electronically or telephonically in the manner specified in subdivision (2) of this subsection and not later than the time specified in subparagraph (F)(ii) of this subdivision, (I) that such business will automatically renew, or provide continuous consumer services under, such agreement until such consumer takes action to prevent such automatic renewal or prevent or terminate such continuous consumer services, (II) the duration of such automatic renewal term or continuous consumer services, (III) any additional provisions concerning such renewal term or continuous consumer services, (IV) a description of the actions such consumer is required to take to prevent such automatic renewal or prevent or terminate such continuous consumer services, and (V) if such agreement is offered electronically, a prominently displayed direct link or button, or an electronic mail message, required under subsection (d) of this section.

(ii) Except as provided in subparagraph (F)(iii) of this subdivision, if such business is required to make a disclosure pursuant to subparagraph (F)(i) of this subdivision, such business makes such disclosure (I) where the free gift or trial period, or discounted or promotional price period, is at least thirty-two days in duration, at least twenty-one days after such period commences and not earlier than three days before such period expires, or (II) where the free gift or trial period, or discounted or promotional price period, is at least one year in duration, at least fifteen days but not more than forty-five days before such period expires.

(iii) Such business shall not be required to make the disclosure required under subparagraph (F)(i) or (F)(ii) of this subdivision if such business has not collected, or does not maintain, the consumer's electronic mail address or telephone number, as applicable, and is unable to make such disclosure to such consumer by other electronic means. For the purposes of subparagraphs (E) and (F) of this subdivision, “free gift” does not include a free promotional item or gift that a business gives to a consumer if such item or gift differs from the consumer goods or consumer services that are the subject of the consumer agreement between the business and the consumer.

(2) Each business that is required to make any disclosure under subdivision (1) of this subsection shall:

(A) If the consumer agreement is offered, or entered into, electronically or in writing, make such disclosure (i) in a manner that may be retained by the consumer, and (ii) in text that is (I) larger than the size of any surrounding text, or (II) the same size as the surrounding text but in a typeface, font or color that contrasts with such surrounding text or is set off from such surrounding text by symbols or other marks that draw the consumer's attention to such disclosure; or

(B) If the consumer agreement is offered, or entered into, verbally or telephonically, make such disclosure in a volume and cadence that is readily audible to, and understandable by, the consumer.

(c) No business that enters into, or offers to enter into, a consumer agreement that includes an automatic renewal provision or a continuous services provision shall charge the consumer's credit card, debit card or third-party payment account for any automatic renewal or continuous consumer services, regardless of whether such renewal or continuous consumer services are offered or provided at a promotional or discounted price, unless such business has obtained such consumer's affirmative consent to such renewal or continuous consumer services.

(d) (1) Each business that enters into a consumer agreement online shall, if such agreement includes an automatic renewal provision or continuous services provision, allow the consumer to take any action necessary to prevent such automatic renewal or prevent or terminate such continuous consumer services online and without requiring such consumer to take any offline action to prevent such automatic renewal or prevent or terminate such continuous consumer services. No business that is subject to the provisions of this subdivision shall take any action to obstruct or delay a consumer's efforts to prevent automatic renewal of, or prevent or terminate provision of continuous consumer services under, a consumer agreement pursuant to this subdivision. Each business that is subject to the provisions of this subdivision shall enable a consumer to prevent automatic renewal of, or prevent or terminate provision of continuous consumer services under, a consumer agreement pursuant to this subdivision by way of:

(A) A prominently displayed direct link or button, which may be located within the consumer's (i) account or profile, or (ii) device or user settings; or

(B) An electronic mail message from the business to the consumer, which is immediately accessible by the consumer and to which the consumer may reply without obtaining any additional information.

(2) Notwithstanding subdivision (1) of this subsection, a business may require a consumer who maintains an account with the business to enter the consumer's account information, or otherwise authenticate such consumer's identity, online before such consumer may take any action to prevent automatic renewal of, or prevent or terminate provision of continuous consumer services under, a consumer agreement pursuant to subdivision (1) of this subsection. No consumer who is unwilling or unable to enter the consumer's account information, or otherwise authenticate such consumer's identity, online under this subdivision shall be precluded from authenticating such consumer's identity, or taking action to prevent such automatic renewal or prevent or terminate provision of continuous consumer services, offline by any other method set forth in subparagraph (A) of subdivision (1) of subsection (b) of this section.

(e) Nothing in this section shall be construed to create a private right of action.
Conn. Gen. Stat. § 42-136 — Connecticut Code / Title 42 / Chapter 740 / Section 42-136
Sec. 42-136. Note or evidence of indebtedness given by buyer.
Status: in_force

(b) Each note or other evidence of indebtedness given by a buyer in respect of a home solicitation sale shall bear on its face a conspicuous statement as follows: THIS INSTRUMENT IS BASED UPON A HOME SOLICITATION SALE, WHICH SALE IS SUBJECT TO THE PROVISIONS OF THE HOME SOLICITATION SALES ACT. THIS INSTRUMENT IS NOT NEGOTIABLE.

(c) Compliance with the requirements of this section shall be a condition precedent to any right of action by the seller or any transferee of an instrument bearing the statement required under subsection (b) of this section against the buyer upon such instrument and shall be pleaded and proved by any person who may institute action or suit against a buyer in respect thereof.

(d) A promissory note payable to order or bearer and otherwise negotiable in form issued in violation of this section may be enforced as a negotiable instrument by a holder in due course according to its terms.

Cited. 36 CS 213. Section does not require any specific size or boldness of type, indicating legislature did not establish any precise formula that would render a statement conspicuous. Id., 506.

Note made as evidence of indebtedness under a home solicitation sale contract was subject to defenses on the contract, hence when the contract was declared void, the note was uncollectible; transfer of note given by buyer in a home solicitation sale deemed an assignment; any rights, title or interest acquired by transferee are subject to all claims or defenses buyer may have against seller arising under the provisions of the act. 6 Conn. Cir. Ct. 745.

Subsec. (a):

Postdating of note not proscribed. 36 CS 506, 509.

Subsec. (b):

A conditional sales contract was not a “note or other evidence of indebtedness” and therefore notice requirements of statute were inapplicable. 36 CS 213. Language not subject to Uniform Commercial Code. Id., 506.
Conn. Gen. Stat. § 42a-9-615 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-615
Sec. 42a-9-615. Application of proceeds of disposition. Liability for deficiency and right to surplus.
Status: in_force

(1) The reasonable expenses of retaking, holding, preparing for disposition, processing and disposing, and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party;

(2) The satisfaction of obligations secured by the security interest or agricultural lien under which the disposition is made;

(3) The satisfaction of obligations secured by any subordinate security interest in or other subordinate lien on the collateral if:

(A) The secured party receives from the holder of the subordinate security interest or other lien an authenticated demand for proceeds before distribution of the proceeds is completed; and

(B) In a case in which a consignor has an interest in the collateral, the subordinate security interest or other lien is senior to the interest of the consignor; and

(4) A secured party that is a consignor of the collateral if the secured party receives from the consignor an authenticated demand for proceeds before distribution of the proceeds is completed.

(b) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder does so, the secured party need not comply with the holder's demand under subdivision (3) of subsection (a) of this section.

(c) A secured party need not apply or pay over for application noncash proceeds of disposition under section 42a-9-610 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.

(d) If the security interest under which a disposition is made secures payment or performance of an obligation, after making the payments and applications required by subsection (a) and permitted by subsection (c):

(1) Unless subdivision (4) of subsection (a) of this section requires the secured party to apply or pay over cash proceeds to a consignor, the secured party shall account to and pay a debtor for any surplus; and

(2) The obligor is liable for any deficiency.

(e) If the underlying transaction is a sale of accounts, chattel paper, payment intangibles or promissory notes:

(1) The debtor is not entitled to any surplus; and

(2) The obligor is not liable for any deficiency.

(f) The surplus or deficiency following a disposition is calculated based on the amount of proceeds that would have been realized in a disposition complying with this part to a transferee other than the secured party, a person related to the secured party or a secondary obligor if:

(1) The transferee in the disposition is the secured party, a person related to the secured party or a secondary obligor; and

(2) The amount of proceeds of the disposition is significantly below the range of proceeds that a complying disposition to a person other than the secured party, a person related to the secured party or a secondary obligor would have brought.

(g) A secured party that receives cash proceeds of a disposition in good faith and without knowledge that the receipt violates the rights of the holder of a security interest or other lien that is not subordinate to the security interest or agricultural lien under which the disposition is made:

(1) Takes the cash proceeds free of the security interest or other lien;

(2) Is not obligated to apply the proceeds of the disposition to the satisfaction of obligations secured by the security interest or other lien; and

(3) Is not obligated to account to or pay the holder of the security interest or other lien for any surplus.

Annotation to former section 42a-9-504(2):

Cited. 227 C. 270.
Conn. Gen. Stat. § 42-285 — Connecticut Code / Title 42 / Chapter 743m / Section 42-285
Sec. 42-285. Contract requirements.
Status: in_force

(b) The contract shall include, but shall not be limited to, the following information:

(1) The legal name, address, telephone number, headquarters address and home state or country for entity registration purposes of the telemarketer or, if the telemarketer is not the seller, the seller;

(2) A list of all prices or fees being charged including any handling, shipping, delivery or other charges;

(3) The date of the transaction;

(4) A detailed description of the goods or services being sold, leased or rented; and

(5) In ten-point boldface type, in a space immediately preceding the space allotted for the consumer's signature, the following statement: “YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE ADDRESS CONTAINED IN THIS CONTRACT”.

(c) The telemarketer shall provide the consumer with a duplicate copy of the contract with the complete information as presented in the original contract, to be retained by the consumer as proof of the terms of the agreement to purchase, lease or rent.
Conn. Gen. Stat. § 42a-4-215 — Connecticut Code / Title 42a / Chapter 4 / Section 42a-4-215
Sec. 42a-4-215. Final payment of item by payor bank. When provisional debits and credits become final. When certain credits become available for withdrawal.
Status: in_force

(b) If provisional settlement for an item does not become final, the item is not finally paid.

(c) If provisional settlement for an item between the presenting and payor banks is made through a clearinghouse or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the items by the payor bank.

(d) If a collecting bank receives a settlement for an item which is or becomes final, the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final.

(e) Subject to (i) applicable law stating a time for availability of funds and (ii) any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in a customer's account becomes available for withdrawal as of right: (1) If the bank has received a provisional settlement for the item, when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time; (2) if the bank is both the depositary bank and the payor bank, and the item is finally paid, at the opening of the bank's second banking day following receipt of the item.

(f) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank's next banking day after receipt of the deposit.

Cited. 230 C. 486; 232 C. 167.
Conn. Gen. Stat. § 42a-4-401 — Connecticut Code / Title 42a / Chapter 4 / Section 42a-4-401
Sec. 42a-4-401. When bank may charge customer's account.
Status: in_force

(b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.

(c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in section 42a-4-403 (b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in section 42a-4-303 . If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under section 42a-4-402 .

(d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to: (1) The original terms of the altered item; or (2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.

Bank may charge against customer's account only properly payable items. 170 C. 691.

Rule that instrument containing an unauthorized endorsement is not properly payable does not apply to items with multiple endorsements when the instrument is payable in the alternative and one endorsement is valid. 68 CA 716. Plaintiff who was named beneficiary of a certificate of deposit found not to be a “customer” of bank for purposes of statute and not to have standing to bring an action pursuant to statute. 69 CA 813.

Cited. 5 Conn. Cir. Ct. 399.
Conn. Gen. Stat. § 42a-9-613 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-613
Sec. 42a-9-613. Contents and form of notification before disposition of collateral: General.
Status: in_force

(1) The contents of a notification of disposition are sufficient if the notification:

(A) Describes the debtor and the secured party;

(B) Describes the collateral that is the subject of the intended disposition;

(C) States the method of intended disposition;

(D) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and

(E) States the time and place of a public disposition or the time after which any other disposition is to be made.

(2) Whether the contents of a notification that lacks any of the information specified in subdivision (1) are nevertheless sufficient is a question of fact.

(3) The contents of a notification providing substantially the information specified in subdivision (1) are sufficient, even if the notification includes:

(A) Information not specified by that subdivision; or

(B) Minor errors that are not seriously misleading.

(4) A particular phrasing of the notification is not required.

(5) The following form of notification and the form appearing in subdivision (3) of section 42a-9-614 , when completed, each provides sufficient information:

NOTIFICATION OF DISPOSITION OF COLLATERAL

To: .... (Name of debtor, obligor or other person to which the notification is sent)

From: .... (Name, address and telephone number of secured party)

Name of Debtor(s): .... (Include only if debtor(s) are not an addressee)

(For a public disposition:)

We will sell (or lease or license, as applicable) the .... (describe collateral) (to the highest qualified bidder) in public as follows:

Day and Date: ....

Time: ....

Place: ....

(For a private disposition:)

We will sell (or lease or license, as applicable) the .... (describe collateral) privately sometime after .... (day and date).

You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell (or lease or license, as applicable) (for a charge of $ ....). You may request an accounting by calling us at .... (telephone number).

Subdiv. (1)(D): Plaintiff's presale notice, which provided detailed information, including details of defendant's debt and amount owed to plaintiff, satisfied accounting provision. 208 CA 861.
Conn. Gen. Stat. § 42b-3 — Connecticut Code / Title 42b / Chapter 748 / Section 42b-3
Sec. 42b-3. Public entities authorized to establish system of registered obligations notwithstanding state or local laws. System may provide for certificated or uncertificated obligations or both.
Status: in_force

(b) The system shall be established, amended, discontinued or reinstituted for the issuer by, and shall be maintained for the issuer as provided by, the official or official body.

(c) The system shall be described in the registered public obligation or in the official actions which provide for original issuance of the registered public obligation and in subsequent official actions providing for amendments and other matters from time to time. Such description may be by reference to a program of the issuer which is established by the official or official body.

(d) The system shall define the method or methods by which transfer of the registered public obligation shall be effective with respect to the issuer and by which payment of principal and any interest shall be made. The system may permit the issuance of registered public obligations in any denomination to represent several registered public obligations of smaller denominations. The system may also provide for the form of any certificated registered public obligation or of any writing relating to an uncertificated registered public obligation, for identifying numbers or other designations, for a sufficient supply of certificates for subsequent transfers, for record and payment dates, for varying denominations, for communications to holders or owners of obligations and for accounting, cancelled certificate destruction, registration and release of security interests and other incidental matters. Unless the issuer otherwise provides, the record date for interest payable on the first or fifteenth days of a month shall be the fifteenth day or the last business day of the preceding month, respectively, and for interest payable on other than the first or fifteenth days of a month, shall be the fifteenth calendar day before the interest payment date.

(e) Under a system pursuant to which both certificated and uncertificated registered public obligations are issued, both types of registered public obligations may be regularly issued, or one type may be regularly issued and the other type issued only under described circumstances or to particular described categories of owners, and provision may be made for registration and release of security interests in registered public obligations.

(f) The system may include covenants of the issuer as to amendments, discontinuances and reinstitutions of the system and the effect of such on the exemption of interest from the income tax provided for by the code.

(g) Whenever an issuer shall issue an uncertificated registered public obligation, the system of registration may provide that a true copy of the official actions of the issuer relating to such uncertificated registered public obligation be maintained by the issuer or by the person, if any, maintaining such system on behalf of the issuer, as long as the uncertificated registered public obligation remains outstanding and unpaid. A copy of such official actions, verified to be such by an authorized officer, shall be admissible before any court of record, administrative body or arbitration panel without further authentication.

(h) Nothing in this chapter shall preclude a conversion from one of the forms of registered public obligations provided for by this chapter to a form of obligation not provided for by this chapter if interest on the obligation so converted will continue to be exempt from the income tax provided for by the code.

(i) The rights provided by other laws with respect to obligations in forms not provided for by this chapter shall, to the extent not inconsistent with this chapter, apply with respect to registered public obligations issued in forms authorized by this chapter.
Conn. Gen. Stat. § 42a-1-202 — Connecticut Code / Title 42a / Chapter 1 / Section 42a-1-202
Sec. 42a-1-202. Notice; knowledge.
Status: in_force

(1) Has actual knowledge of it;

(2) Has received a notice or notification of it; or

(3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.

(b) “Knowledge” or “knows” means actual knowledge.

(c) “Discover”, “learn” or words of similar import refer to knowledge rather than to reason to know.

(d) A person “notifies” or “gives” a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.

(e) Subject to subsection (f) of this section, a person “receives” a notice or notification when:

(1) It comes to that person's attention; or

(2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.

(f) Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.

Cited. 165 C. 1.
Conn. Gen. Stat. § 42-288a — Connecticut Code / Title 42 / Chapter 743m / Section 42-288a
Sec. 42-288a. Telephonic sales calls. “No sales solicitation calls” listing and “National Do Not Call Registry”. Prohibited acts. Disclosures. Exceptions. Regulations. Penalties.
Status: in_force

(b) Any violation of the provisions of 47 USC 227, 16 CFR 310 or 47 CFR 64.1200, as amended from time to time, which provide that a telemarketer shall not call a consumer whose name and telephone number appear on the National Do Not Call Registry or who has specifically requested not to receive calls from a particular entity, shall constitute a violation of sections 42-284 to 42-288b , inclusive.

(c) A telephonic sales call that is made to any consumer residential, mobile or telephonic paging device telephone number that is not otherwise prohibited by this section shall be limited to being conducted between the hours of nine o'clock a.m. and eight o'clock p.m. local time.

(d) Any person, including, but not limited to, any telemarketer, making a telephonic sales call to a consumer's residential, mobile or telephonic paging device telephone number that is not otherwise prohibited by this section shall disclose such person's identity, the purpose of such telephonic sales call and the identity of the entity for which such person is making such telephonic sales call, if any, not later than ten seconds after such telephonic sales call begins.

(e) Any person, including, but not limited to, any telemarketer, making a telephonic sales call shall, at the beginning of such telephonic sales call, ask the consumer whether such consumer wishes to continue such telephonic sales call, end such telephonic sales call or be removed from such person's list.

(f) Any person, including, but not limited to, any telemarketer, shall end a telephonic sales call not later than ten seconds after the consumer states or otherwise indicates that such consumer wishes to end such telephonic sales call.

(g) If a consumer informs a person, including, but not limited to, a telemarketer, at any point during a telephonic sales call that the consumer does not wish to receive future telephonic sales calls or wishes to be removed from such person's list, such person shall: (1) Inform such consumer that such consumer's contact information will be removed from such list; (2) end such telephonic sales call not later than ten seconds after such consumer expresses such wish; (3) refrain from making any additional telephonic sales calls to such consumer at any telephone number associated with such consumer; and (4) not give or sell such consumer's name, telephone number, other contact information or personally identifying information to any other entity, or receive anything of value from any other entity in exchange for such consumer's name, telephone number, other contact information or personally identifying information.

(h) No telemarketer may cause to be installed or use any blocking device or service to circumvent a consumer's use of a caller identification service or device. No telemarketer may intentionally transmit inaccurate or misleading caller identification information.

(i) (1) Any person who obtains the name, residential address or telephone number of any consumer from published telephone directories or from any other source and republishes or compiles such information, electronically or otherwise, and sells or offers to sell such publication or compilation to telemarketers for marketing or sales solicitation purposes, shall exclude from any such publication or compilation, and from the database used to prepare such publication or compilation, the name, address and telephone number or numbers of any consumer if the consumer's name and telephone number or numbers appear on the National Do Not Call Registry.

(2) This subsection does not apply to (A) any telephone company, as defined in section 16-1 , for the sole purpose of compiling, publishing or distributing telephone directories or causing the compilation, publication or distribution of telephone directories or providing directory assistance, and (B) any person, for the sole purpose of compiling, publishing or distributing telephone directories for such telephone company pursuant to an agreement or other arrangement with such telephone company.

(j) The commissioner may adopt regulations, in accordance with chapter 54, to carry out the provisions of this section. Such regulations may include, but shall not be limited to, provisions governing the availability and distribution of the listing established under subsection (a) of this section and notice requirements for consumers wishing to be included on the listing established under subsection (a) of this section consistent with information on the National Do Not Call Registry.

(k) A violation of any of the provisions of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b .

(l) No telemarketer may make, or cause to be made, a telephonic sales call to a consumer without such consumer's prior express written consent.

(m) In addition to the requirements established in subsections (a) to (l), inclusive, of this section, if a consumer's mobile telephone or mobile electronic device telephone number does not appear on the then current quarterly “no sales solicitation calls” listing made available by the department pursuant to subsection (a) of this section, no telemarketer may make, or cause to be made, a telephonic sales call for the purpose of a marketing or sales solicitation of consumer goods or services unless the telemarketer has received prior express written consent from the consumer to receive such call.

(n) Notwithstanding the provisions of subsections (b) to (i), inclusive, of this section, a telecommunications company may make a telephonic sales call to an existing customer, provided (1) such telecommunications company does not charge such customer, and (2) such telephonic sales call is made primarily in connection with (A) an existing debt, payment of which has not been completed at the time such telephonic sales call is made, (B) an existing contract between the telecommunications company and such customer, (C) a wireless emergency alert authorized by federal law, or (D) a prior request for customer service that was initiated by such customer.

(o) In addition to any penalty imposed under chapter 735a, any person, including, but not limited to, any telemarketer, who is liable under the provisions of subsections (a) to (n), inclusive, of this section shall be fined not more than twenty thousand dollars for each violation.
Conn. Gen. Stat. § 42-126a — Connecticut Code / Title 42 / Chapter 739 / Section 42-126a
Sec. 42-126a. Trading stamps.
Status: in_force

(b) No trading stamp company shall distribute or redeem trading stamps issued after October 1, 1959, in this state unless (1) each stamp has legibly printed upon its face in cents or any fraction thereof a cash value determined by the company and (2) the holders may, at their option, redeem the stamps in cash when duly presented to the company for redemption in a number having an aggregate cash value of not less than twenty-five cents.

(c) No trading stamp company shall distribute trading stamps in this state or shall redeem trading stamps issued after October 1, 1959, therein until it has, on or before January first annually, paid to the Secretary of the State a license fee of one per cent of the principal sum of the bond required to be filed under subdivision (2) of this subsection and has filed with said secretary: (1) A statement of registration accompanied by representative samples of its stamps, stamp collection books, stamp redemption catalogs and stamp distribution and redemption agreement forms, currently used in this state. Each such statement shall provide the following information: (A) The name and principal address of the company; (B) the state of its incorporation or origin; (C) the names and addresses of its principal officers, partners or proprietors; (D) the address of its principal office in this state; (E) the name and address of its principal officer, employee or agent therein; (F) the addresses of the places where its stamps are redeemable therein; (G) a short form of its balance sheet as of the end of its last fiscal year prior to such filing, certified by an independent public accountant; and (H) unless the principal sum of the bond required by subdivision (2) of this subsection to be filed by the company is the maximum amount required under subsection (d), a statement of its gross income from its business in this state as a trading stamp company during such last fiscal year, certified by an independent public accountant; and (2) a bond payable to this state and executed by the company and a corporate surety qualified to do business in this state, which is conditioned upon the performance by the company of its obligation to redeem trading stamps issued by retailers in this state, when they are presented for redemption by the rightful holders. Each trading stamp company shall notify the Secretary of the State of any change in the addresses of the places where its stamps are redeemable in this state within ten days of any such change. If the company defaults in performing such obligations, all rightful holders of trading stamps of such company, including retailers in possession of such stamps for issuance to customers, shall be entitled to make claim against said bond. Any such holder may, within three months after such default, file a complaint with the Secretary of the State, who shall forthwith make a determination whether there has been a default. If said secretary determines that there has been such a default, he shall give notice of such determination to the company and, if such default is not corrected within ten days, he shall publish notice of such default in three consecutive publications of one or more newspapers having general circulation throughout this state and therein require that proof of all claims for redemption of the trading stamps of such company be filed with him, together with the trading stamps upon which the claim is based, within three months after the date of the first such publication. Said secretary promptly after the expiration of such period shall determine the validity of all claims so filed. Thereupon said secretary shall be paid by the surety such amount, not exceeding in the aggregate the principal sum of the bond, as is necessary to satisfy all valid claims so filed together with reasonable administrative expenses incident to the determination and payment of such claims. Said secretary shall promptly thereafter make an equitable distribution of the proceeds of the bond, less such reasonable administrative expenses, to such claimants and shall destroy the trading stamps so surrendered. If the amount paid by the surety is not sufficient to satisfy in full all valid claims and administrative expenses, the secretary may bring an action in a court of competent jurisdiction against the trading stamp company to recover, on behalf of the claimants, the difference between the aggregate value of such claims, including such administrative expenses, and the amount paid by the surety.

(d) The principal sum of the bond to be filed shall be as follows: If the company has not previously done business as a trading stamp company in this state, or if the company's gross income from such business in this state during its last fiscal year was not in excess of two hundred and fifty thousand dollars, thirty-five thousand dollars; if such gross income exceeded two hundred and fifty thousand dollars but did not exceed five hundred thousand dollars, fifty thousand dollars; if such gross income exceeded five hundred thousand dollars but was not in excess of seven hundred and fifty thousand dollars, seventy-five thousand dollars; and if such gross income exceeded seven hundred and fifty thousand dollars, one hundred thousand dollars. On the effective date of each new bond, any and all liability on all bonds previously filed under the provision of subsection (c) shall terminate, and all rightful holders of trading stamps who prosecute their claims under said subsection shall prosecute such claims solely against the new bond and only by filing proofs of claim with the Secretary of the State in the manner provided in said subsection.

(e) No trading stamp company shall cease or suspend the redemption of trading stamps in this state without filing with the Secretary of the State at least ninety days' prior written notice of its intention so to do and concurrently mailing a copy of such notice to each retailer within this state which has at any time theretofore within one year issued trading stamps which the company is obligated to redeem.

(f) Notwithstanding the provisions of subsection (b), a trading stamp company may redeem trading stamps if issued within the state prior to October 1, 1959, notwithstanding the fact that any such trading stamp does not have legibly printed upon its face in cents or any fraction thereof a cash value as determined by such trading stamp company.

(g) No person shall issue to his customers in connection with the sale of merchandise any trading stamp, coupon or similar device which has previously been issued in such connection by any other person responsible for the redemption thereof, unless the consent of the latter has been first obtained.

(h) The Secretary of the State shall investigate compliance with this section and shall notify the Attorney General of any violations of which he may have knowledge. Any trading stamp company which violates any provision of this section shall be fined not more than one thousand dollars, and the Superior Court shall have jurisdiction in equity on the complaint of any interested person to restrain and enjoin the violation of any of said provisions.

Cited. 153 C. 213.
Conn. Gen. Stat. § 42-401 — Connecticut Code / Title 42 / Chapter 743aa / Section 42-401
Sec. 42-401. Advertising.
Status: in_force

(b) An advertisement must comply with the requirements of the federal Consumer Leasing Act for advertising. If the advertised lease is not subject to said act, the advertisement must comply with those requirements as if the advertised lease were subject to said act.

(c) A person may not publish, broadcast or distribute a false, deceptive or misleading advertisement.

(d) This section does not apply to a person acting solely as an owner or employee of a medium in which an advertisement appears or through which it is disseminated.
Conn. Gen. Stat. § 42a-2-616 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-616
Sec. 42a-2-616. Procedure on notice claiming excuse.
Status: in_force

(2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected.

(3) The provisions of this section may not be negated by agreement except (a) insofar as the seller has assumed a greater obligation under the preceding section; or (b) as set forth in a signed writing between merchants.

Cited. 202 C. 277.
Conn. Gen. Stat. § 42a-9-309 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-309
Sec. 42a-9-309. Security interest perfected upon attachment.
Status: in_force

(1) A purchase-money security interest in consumer goods, except as otherwise provided in subsection (b) of section 42a-9-311 with respect to consumer goods that are subject to a statute or treaty described in subsection (a) of section 42a-9-311 ;

(2) An assignment of accounts or payment intangibles which does not by itself or in conjunction with other assignments to the same assignee transfer a significant part of the assignor's outstanding accounts or payment intangibles;

(3) A sale of a payment intangible;

(4) A sale of a promissory note;

(5) A security interest created by the assignment of a health-care-insurance receivable to the provider of the health-care goods or services;

(6) A security interest arising under section 42a-2-401 , section 42a-2-505 , subsection (3) of section 42a-2-711 or subsection (d) of section 42a-2A-724 , until the debtor obtains possession of the collateral;

(7) A security interest of a collecting bank arising under section 42a-4-210 ;

(8) A security interest of an issuer or nominated person arising under section 42a-5-118 ;

(9) A security interest arising in the delivery of a financial asset under subsection (c) of section 42a-9-206 ;

(10) A security interest in investment property created by a broker or securities intermediary;

(11) A security interest in a commodity contract or a commodity account created by a commodity intermediary;

(12) An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; and

(13) A security interest created by an assignment of a beneficial interest in a decedent's estate.
Conn. Gen. Stat. § 42-179 — Connecticut Code / Title 42 / Chapter 743b / Section 42-179
Sec. 42-179. New motor vehicle warranties. Leased vehicles. Resales. Transfers. Manufacturer buybacks. Fine. Hearing. Regulations.
Status: in_force

(1) “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle, a lessee of a motor vehicle, any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to such motor vehicle, and any person entitled by the terms of such warranty to enforce the obligations of the warranty; and

(2) “Motor vehicle” means a passenger motor vehicle, a passenger and commercial motor vehicle or a motorcycle, as defined in section 14-1 , which is sold or leased in this state.

(b) If a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the period of two years following the date of original delivery of the motor vehicle to a consumer or during the period of the first twenty-four thousand miles of operation, whichever period ends first, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of the applicable period.

(c) No consumer shall be required to notify the manufacturer of a claim under this section and sections 42-181 to 42-184 , inclusive, unless the manufacturer has clearly and conspicuously disclosed to the consumer, in the warranty or owner's manual, that written notification of the nonconformity is required before the consumer may be eligible for a refund or replacement of the vehicle. The manufacturer shall include with the warranty or owner's manual the name and address to which the consumer shall send such written notification.

(d) (1) If the manufacturer or its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use, safety or value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a new motor vehicle acceptable to the consumer, or accept return of the vehicle from the consumer and refund to the consumer, lessor and lienholder, if any, as their interests may appear, the following: (A) The full contract price, including, but not limited to, charges for undercoating, dealer preparation and transportation and installed options; (B) all collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges; (C) all finance charges incurred by the consumer after he first reports the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is out of service by reason of repair; and (D) all incidental damages, if applicable, less a reasonable allowance for the consumer's use of the vehicle.

(2) For the purposes of this subsection, incidental damages include, but are not limited to, compensation for any commercially reasonable charges or expenses with respect to: (A) Inspection, receipt, transportation, care or custody of the motor vehicle; (B) covering, returning or disposing of the motor vehicle; (C) reasonable efforts to minimize or avoid the consequences of financial default related to the motor vehicle; and (D) effectuating other remedies after a defect or condition that substantially impaired the motor vehicle has been reported to a dealership or manufacturer.

(3) No authorized dealer shall be held liable by the manufacturer for any refunds or vehicle replacements in the absence of evidence indicating that dealership repairs have been carried out in a manner inconsistent with the manufacturers' instructions. Refunds or replacements shall be made to the consumer, lessor and lienholder if any, as their interests may appear. A reasonable allowance for use shall be that amount obtained by multiplying the total contract price of the vehicle by a fraction having as its denominator one hundred twenty thousand and having as its numerator the number of miles that the vehicle traveled prior to the manufacturer's acceptance of its return.

(4) It shall be an affirmative defense to any claim under this section that: (A) An alleged nonconformity does not substantially impair such use, safety or value; or (B) a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.

(e) (1) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if: (A) The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the period of two years following the date of original delivery of the motor vehicle to a consumer or during the period of the first twenty-four thousand miles of operation, whichever period ends first, but such nonconformity continues to exist; or (B) the vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the applicable period, determined pursuant to subparagraph (A) of this subdivision.

(2) The two-year period and thirty-day period set forth in subdivision (1) of this subsection shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.

(3) No claim shall be made under this section unless at least one attempt to repair a nonconformity has been made by the manufacturer or its agent or an authorized dealer or unless such manufacturer, its agent or an authorized dealer has refused to attempt to repair such nonconformity.

(f) If a motor vehicle has a nonconformity which results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, it shall be presumed that a reasonable number of attempts have been undertaken to conform such vehicle to the applicable express warranties if the nonconformity has been subject to repair at least twice by the manufacturer or its agents or authorized dealers within the express warranty term or during the period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever period ends first, but such nonconformity continues to exist. The term of an express warranty and such one-year period shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike or fire, flood or other natural disaster.

(g) (1) No motor vehicle which is returned to any person pursuant to any provision of this chapter or in settlement of any dispute related to any complaint made under the provisions of this chapter and which requires replacement or refund shall be resold, transferred or leased in the state without clear and conspicuous written disclosure of the fact that such motor vehicle was so returned prior to resale or lease. Such disclosure shall be affixed to the motor vehicle and shall be included in any contract for sale or lease. The Commissioner of Motor Vehicles shall, by regulations adopted in accordance with the provisions of chapter 54, prescribe the form and content of any such disclosure statement and establish provisions by which the commissioner may remove such written disclosure after such time as the commissioner may determine that such motor vehicle is no longer defective.

(2) For any motor vehicle subject to a complaint made under the provisions of this chapter, if a manufacturer accepts the return of a motor vehicle or compensates any person who accepts the return of a motor vehicle, whether the return is pursuant to an arbitration award or settlement, such manufacturer shall stamp the words “MANUFACTURER BUYBACK-LEMON” clearly and conspicuously on the face of the original title in letters at least one-quarter inch high and, not later than thirty days after receipt of the title, shall submit a copy of the stamped title to the Department of Motor Vehicles. The Department of Motor Vehicles shall maintain a listing of such buyback vehicles and in the case of any request for a title for a buyback vehicle, shall cause the words “MANUFACTURER BUYBACK-LEMON” to appear clearly and conspicuously on the face of the new title in letters which are at least one-quarter inch high. Any person who applies for a title shall disclose to the department the fact that such vehicle was returned as set forth in this subsection.

(3) If a manufacturer accepts the return of a motor vehicle from a consumer due to a nonconformity or defect, in exchange for a refund or a replacement vehicle, whether as a result of an administrative or judicial determination, an arbitration proceeding or a voluntary settlement, the manufacturer shall notify the Department of Motor Vehicles and shall provide the department with all relevant information, including the year, make, model, vehicle identification number and prior title number of the vehicle. Such manufacturer shall stamp the words “MANUFACTURER BUYBACK-LEMON” clearly and conspicuously on the face of the original title in letters at least one-quarter-inch high, and, not later than thirty days after receipt of the title, shall submit a copy of the stamped title to the Department of Motor Vehicles. The Commissioner of Motor Vehicles shall adopt regulations in accordance with chapter 54 specifying the format and time period in which such information shall be provided and the nature of any additional information which the commissioner may require.

(4) The provisions of this subsection shall apply to motor vehicles originally returned in another state from a consumer due to a nonconformity or defect in exchange for a refund or replacement vehicle and which a lessor or transferor with actual knowledge subsequently sells, transfers or leases in this state.

(5) If a manufacturer fails to stamp a title as required by this subsection within thirty days of receipt of the title, the Department of Consumer Protection may impose a fine not to exceed ten thousand dollars on the manufacturer. Any such fine shall be deposited into the new automobile warranties account established pursuant to section 42-190 . A manufacturer that is aggrieved by a fine imposed pursuant to this subsection may, within ten days of receipt of written notice of such fine from the department, request, in writing, a hearing. The department shall, upon the receipt of all documentation necessary to evaluate the request, determine whether circumstances beyond the manufacturer's control prevented performance, and may conduct a hearing pursuant to chapter 54, if appropriate.

(h) All express and implied warranties arising from the sale of a new motor vehicle shall be subject to the provisions of part 3 of article 2 of title 42a.

(i) Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

(j) If a manufacturer has established an informal dispute settlement procedure which is certified by the Attorney General as complying in all respects with the provisions of Title 16 Code of Federal Regulations Part 703, as in effect on October 1, 1982, and with the provisions of subsection (b) of section 42-182 , the provisions of subsection (d) of this section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.

(k) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

Cited. 203 C. 63; 209 C. 579; 212 C. 83.

Motorcycles fall within definition of “motor vehicle”. 40 CS 156.

Subsec. (a):

Subdiv. (2): Motorcycles are not passenger motor vehicles within meaning of section. 239 C. 1.

Subsec. (d):

Cited. 213 C. 136. Standard for determining whether a defect substantially impairs the use, safety or value of a motor vehicle to the consumer is both subjective and objective. 247 C. 274. Legislature did not intend to waive sovereign immunity under Subsec. to permit manufacturer of defective motor vehicles to claim reimbursement of sales tax refunded to consumers under state lemon law; plaintiff manufacturer not an aggrieved taxpayer entitled to reimbursement of refunded tax under Sec. 12-422 or 12-425; because plaintiff did not seek declaratory or injunctive relief for claims of violation of due process and equal protection rights, plaintiff's claims must be characterized as claims for damages and are barred by sovereign immunity. 284 C. 701.

Certain transmission noise in plaintiff's car did not substantially impair its use, safety or value within meaning of statute. 80 CA 146.

Subsec. (e):

Plaintiff's attempt to replace truck's hood constituted a reasonable number of repair attempts as required by Subsec. 247 C. 274.
Conn. Gen. Stat. § 42-181 — Connecticut Code / Title 42 / Chapter 743b / Section 42-181
Sec. 42-181. Department arbitration procedure. Notifications re sale. Fine for failure to perform remedies. Request for hearing. Appeals. Regulations.
Status: in_force

(b) If any motor vehicle purchased at any time on or after October 1, 1984, or leased at any time on or after June 17, 1987, fails to conform to such applicable warranties as defined in section 42-179 , a consumer may bring a grievance to an arbitrator if the manufacturer of the vehicle has not established an informal dispute settlement procedure which the Attorney General has certified as complying in all respects with the requirements of section 42-179 . The consumer may initiate a request for arbitration by calling a toll-free telephone number designated by the commissioner or by requesting an arbitration hearing in writing. The consumer shall file, on forms prescribed by the commissioner, any information deemed relevant to the resolution of the dispute and shall return the form accompanied by a filing fee of fifty dollars. Prior to submitting the complaint to an arbitrator, the Department of Consumer Protection shall conduct an initial review of the complaint. The department shall determine whether the complaint should be accepted or rejected for arbitration based on whether it alleges that the manufacturer has failed to comply with section 42-179 . The filing fee shall be refunded if the department determines that a complaint does not allege a violation of any applicable warranty under the requirements of section 42-179 . Upon acceptance of the complaint, the commissioner shall notify the manufacturer of the filing of a request for arbitration and shall obtain from the manufacturer, in writing on a form prescribed by the commissioner, any information deemed relevant to the resolution of the dispute. The manufacturer shall return the form within fifteen days of receipt, together with a filing fee of two hundred fifty dollars. Upon written agreement of the parties, signed after the consumer has initiated a request for arbitration, the case may be presented to the arbitrator solely based on the written documents submitted by such parties. A lessee who brings a grievance to an arbitrator under this section shall, upon filing the complaint form provided for in this section, provide the lessor with notice by registered or certified mail, return receipt requested, and the lessor may petition the arbitrator to be made a party to the arbitration proceedings. Initial determinations to reject a complaint for arbitration shall be submitted to an arbitrator for a final decision upon receipt of a written request from the consumer for a review of the initial eligibility determination and a filing fee of fifty dollars. If a complaint is accepted for arbitration, an arbitrator may determine that a complaint does not allege that the manufacturer has failed to comply with section 42-179 at any time before such arbitrator renders its decision on the merits of the dispute. The fee accompanying the consumer's complaint form shall be refunded to the consumer and the fee accompanying the form filed by the manufacturer shall be refunded to the manufacturer if the arbitrator determines that a complaint does not allege a violation of the provisions of section 42-179 .

(c) After a consumer submits the forms and fee pursuant to subsection (b) of this section and until such time that a decision or settlement is rendered, the consumer shall notify any individual or entity to whom he or she sells the motor vehicle that an action is pending with the department pursuant to this section. Such notice shall be given prior to the buyer's execution of the bill of sale, and shall include any case number or reference number provided by the department to the consumer. The consumer shall (1) notify the department not later than five days after the buyer's execution of the bill of sale that the motor vehicle has been sold, (2) provide the department with the name and contact information of the buyer, and (3) attest that notice of the pending action was given to the buyer prior to the buyer's execution of the bill of sale.

(d) The Department of Consumer Protection shall investigate, gather and organize all information necessary for a fair and timely decision in each dispute. The commissioner may issue subpoenas on behalf of any arbitrator to compel the attendance of witnesses and the production of documents, papers and records relevant to the dispute. The department shall forward a copy of all written testimony, including all documentary evidence, to an independent technical expert certified by the National Institute of Automotive Service Excellence or having a degree or other credentials from a nationally recognized organization or institution attesting to automotive expertise, who shall review such material and be available to advise and consult with the arbitrator. An arbitrator shall, as expeditiously as possible, but not later than sixty days after the time the consumer files the complaint form together with the filing fee, render a fair decision based on the information gathered and disclose his or her findings and the reasons therefor to the parties involved. The failure of the arbitrator to render a decision within sixty days shall not void any subsequent decision or otherwise limit the powers of the arbitrator. The arbitrator shall base his or her determination of liability solely on whether the manufacturer has failed to comply with section 42-179 . The arbitration decision shall be final and binding as to the rights of the parties pursuant to section 42-179 , subject only to judicial review as set forth in this subsection. The decision shall provide appropriate remedies, including, but not limited to, one or more of the following:

(1) Replacement of the vehicle with an identical or comparable new vehicle acceptable to the consumer;

(2) Refund of the full contract price, plus collateral charges as specified in subsection (d) of section 42-179 ;

(3) Reimbursement for expenses and compensation for incidental damages as specified in subsection (d) of section 42-179 ;

(4) Any other remedies available under the applicable warranties, section 42-179 , this section and sections 42-182 to 42-184 , inclusive, or the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, 88 Stat. 2183 (1975), 15 USC 2301 et seq., as in effect on October 1, 1982, other than repair of the vehicle. The decision shall specify a date for performance and completion of all awarded remedies.

(e) Notwithstanding any provision of the general statutes, the Department of Consumer Protection shall not amend, reverse, rescind or revoke any decision or action of an arbitrator. The department shall contact the consumer, not later than ten business days after the date for performance, to determine whether performance has occurred. The manufacturer shall act in good faith in abiding by any arbitration decision. In addition, either party to the arbitration may apply to the superior court for the judicial district in which one of the parties resides or, when the court is not in session, any judge thereof for an order confirming, vacating, modifying or correcting any award, in accordance with the provisions of this section and sections 52-417 , 52-418 , 52-419 and 52-420 . Upon filing such application, the moving party shall mail a copy of the application to the Attorney General and, upon entry of any judgment or decree, shall mail a copy of such judgment or decree to the Attorney General. A review of such application shall be confined to the record of the proceedings before the arbitrator. The court shall conduct a de novo review of the questions of law raised in the application. In addition to the grounds set forth in sections 52-418 and 52-419 , the court shall consider questions of fact raised in the application. In reviewing questions of fact, the court shall uphold the award unless it determines that the factual findings of the arbitrator are not supported by substantial evidence in the record and that the substantial rights of the moving party have been prejudiced. If the arbitrator fails to state findings or reasons for the award, or the stated findings or reasons are inadequate, the court shall search the record to determine whether a basis exists to uphold the award. If it is determined by the court that the manufacturer has acted without good cause in bringing an appeal of an award, the court, in its discretion, may grant to the consumer his costs and reasonable attorney's fees. If the manufacturer fails to perform all awarded remedies by the date for performance specified by the arbitrator, and the enforcement of the award has not been stayed pursuant to subsection (c) of section 52-420 , then each additional day the manufacturer wilfully fails to comply shall be deemed a separate violation for purposes of section 42-184 . If the manufacturer fails to perform regarding all awarded remedies by the applicable date of performance specified by the arbitrator, and enforcement of the award has not been stayed pursuant to subsection (c) of section 52-240 or otherwise modified by the arbitrator, the department may impose a fine not to exceed one thousand dollars per day until the manufacturer fully performs as specified by the award. Any such fines shall be deposited into the new automobile warranties account established pursuant to section 42-190 . A manufacturer that is aggrieved by a fine imposed pursuant to this subsection may, not later than ten days of receipt of written notice of such fine from the department, request, in writing, a hearing. The department shall, upon the receipt of all documentation necessary to evaluate the request, determine whether circumstances beyond the manufacturer's control prevented performance, and may conduct a hearing pursuant to chapter 54, if appropriate.

(f) The department shall maintain such records of each dispute as the commissioner may require, including an index of disputes by brand name and model. The department shall annually compile and maintain statistics indicating the record of manufacturer compliance with arbitration decisions and the number of refunds or replacements awarded. A copy of the statistical summary shall be filed with the Commissioner of Motor Vehicles and shall be considered a factor in determining the issuance of any manufacturer license as required under section 14-67a . The summary shall be a public record.

(g) If a manufacturer has not established an informal dispute settlement procedure certified by the Attorney General as complying with the requirements of section 42-179 , public notice of the availability of the department's automobile dispute settlement procedure shall be prominently posted in the place of business of each new car dealer licensed by the Department of Motor Vehicles to engage in the sale of such manufacturer's new motor vehicles. Display of such public notice shall be a condition of licensure under sections 14-52 and 14-64 . The Commissioner of Consumer Protection shall determine the size, type face, form and wording of the sign required by this section, which shall include the toll-free telephone number and the address to which requests for the department's arbitration services may be sent.

(h) Any consumer injured by the operation of any procedure which does not conform with procedures established by a manufacturer pursuant to subsection (b) of section 42-182 and the provisions of Title 16 Code of Federal Regulations Part 703, as in effect on October 1, 1982, may appeal any decision rendered as the result of such a procedure by requesting arbitration de novo of the dispute by an arbitrator. Filing procedures and fees for appeals shall be the same as those required in subsection (b) of this section. The findings of the manufacturer's informal dispute settlement procedure may be admissible in evidence at such arbitration and in any civil action subsequently arising out of any warranty obligation or matter related to the dispute. Any consumer so injured may, in addition, request the Attorney General to investigate the manufacturer's procedure to determine whether its certification shall be suspended or revoked after proper notice and hearing. The Attorney General shall establish procedures for processing such consumer complaints and maintain a record of the disposition of such complaints, which record shall be included in the annual report prepared in accordance with the provisions of subsection (a) of section 42-182 .

(i) The Commissioner of Consumer Protection shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section. Written copies of the regulations and appropriate arbitration hearing procedures shall be provided to any person upon request.

Cited. 203 C. 63; 213 C. 136; 218 C. 646; 239 C. 1.

Subsec. (c):

Court concluded General Assembly intended to authorize arbitrators to award reasonable attorneys' fees to consumers who prevail. 209 C. 579. Judicial review procedures are constitutionally insufficient. 212 C. 83. Cited. 226 C. 475.
Conn. Gen. Stat. § 42-337 — Connecticut Code / Title 42 / Chapter 743q / Section 42-337
Sec. 42-337. Wheelchair repair requirements. Definitions.
Status: in_force

(1) “Authorized wheelchair dealer” means any company doing business in the state selling or leasing wheelchairs, including complex rehabilitation technology wheelchairs.

(2) “Complex rehabilitation technology” has the same meaning as provided in section 17b-278j .

(3) “Complex rehabilitation technology wheelchair” means a specialized, medically necessary manual or powered wheelchair individually configured for the user with specialized equipment that requires evaluation, configuration, fitting, adjustment, programming and long-term maintenance and repair services.

(4) “Consumer” means the purchaser or lessee of a wheelchair, including a complex rehabilitation technology wheelchair, irrespective of whether the purchase or lease of the wheelchair is funded in whole or in part by the consumer or privately or publicly funded health insurance.

(5) “Timely repair” means as soon as practicable but not later than ten business days after the date of request for repair from a consumer, provided (A) the consumer makes the wheelchair available, (B) any prior authorization required from an insurer has been acquired, and (C) any time spent waiting for prior authorization from an insurer or for delivery of necessary parts ordered for the repair by an authorized wheelchair dealer shall not be included in the ten business days.

(6) “Wheelchair” means a manual or motorized wheeled device that enhances the mobility or positioning of an individual with a disability and includes a complex rehabilitation technology wheelchair.
Conn. Gen. Stat. § 42a-3-116 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-116
Sec. 42a-3-116. Joint and several liability. Contribution.
Status: in_force

(b) Except as provided in section 42a-3-419 (e) or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.

(c) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection (b) of a party having the same joint and several liability to receive contribution from the party discharged.

See Sec. 42a-3-110(d) for successor provisions to Sec. 42a-3-116, revised to 1991, re instruments payable to two or more persons.

Instrument payable to the order of two or more persons if not in the alternative is payable to all of them and may be negotiated, discharged or enforced only by all of them. 170 C. 691.

Cited. 34 CS 606; 40 CS 70.