reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734a - Regulation of Apartment Listing Services › Section 42-103k. - Violation of chapter deemed unfair or deceptive trade practice.

A violation of any of the provisions of this chapter shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
(P.A. 81-166, S. 9; P.A. 82-146, S. 3.)
History: P.A. 82-146 made technical correction.
Cited. 231 C. 707.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734a - Regulation of Apartment Listing Services › Section 42-103l. - Regulations.

The Commissioner of Consumer Protection shall adopt regulations in accordance with chapter 54 to carry out the provisions of this chapter.
(P.A. 81-166, S. 10; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734a - Regulation of Apartment Listing Services › Section 42-103m. - Powers of commissioner.

The Commissioner of Consumer Protection shall have all of the powers and remedies conferred upon him under chapter 735a for the administration and enforcement of this chapter.
(P.A. 81-166, S. 11; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103w to 42-103bb. - Application of chapter. Definitions. Contract; information required; right to cancel. Advertising and promotional devices. Unfair trade practices. Disclosure of information concerning prizes in advertisements and promotional materials.

Sections 42-103w to 42-103bb, inclusive, are repealed, effective January 1, 2010.
(P.A. 82-232, S. 1
–
5; 82-418, S. 2, 4; P.A. 91-367, S. 6, 7; P.A. 09-156, S. 30.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103cc. - Short title: Time Share Act.

Sections 42-103cc to 42-103ddd, inclusive, shall be known and may be cited as the “Time Share Act”.
(P.A. 09-156, S. 1.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103ff. - Exempt communications.

The following communications are exempt from sections 42-103cc to 42-103ddd, inclusive, if they are delivered to a person who has previously executed a contract for the purchase of, or is an owner of, a time share interest in a time share plan:
(1) Any communication addressed to and relating to the account of the person; or
(2) Any audio, written or visual publication or material relating to an exchange company or program if the person is a member of that exchange company or program.
(P.A. 09-156, S. 4.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103gg. - Recordation of time share instrument. Declaration. Licensure of sales agents. Exceptions.

(a) The developer of a time share plan any part of which is located in this state shall properly record the time share instrument in the land records of all towns where an accommodation is located. When a person expressly declares an intent to subject the property to a time share plan through the recordation of a time share instrument that sets forth the information provided in subsections (b) and (c) of this section, that property shall be established thenceforth as a time share plan.
(b) The declaration made in a time share instrument recorded under this section shall include:
(1) A legal description of the time share property, including a ground plan indicating the location of each existing or proposed building included in the time share plan;
(2) A description of each existing or proposed accommodation, including the location and square footage of each unit and an interior floor plan of each existing or proposed building;
(3) A description of any amenities furnished or to be furnished to the purchaser;
(4) A statement of the fractional or percentage part that each time share interest bears to the entire time share plan;
(5) A statement that the time share property is part of a multisite time share plan, if applicable; and
(6) Any additional information consistent with this section.
(c) Any sales agent who offers a time share interest created under this section shall be licensed as a real estate broker or real estate salesperson as set forth in section 20-312, unless exempt from licensure under chapter 392. The following need not be licensed pursuant to section 20-312: (1) An exchange company that is exchanging time share periods, or (2) a person who only distributes literature pertaining to a time share or advertises a time share, provided a sales agent or a real estate broker or real estate salesperson licensed under section 20-312 transacts the sale of such time share interest.
(P.A. 09-156, S. 5.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103hh. - Ownership and conveyance of time share interest.

(a) Once a property is established as a time share plan, each time share interest may be individually conveyed or encumbered and shall be entirely independent of all other time share interests in the same time share property. Any title or interest in a time share interest may be recorded.
(b) Any time share interest may be jointly or commonly owned by more than one person.
(c) A time share estate may be jointly or commonly owned in the same manner as any other real property interest in this state.
(d) An action for partition of a time share unit shall not be maintained during the term of a time share plan.
(P.A. 09-156, S. 6.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103oo. - Duty and liability of developer.

Notwithstanding obligations placed upon any other persons pursuant to sections 42-103cc to 42-103ddd, inclusive, the developer shall supervise, manage and control all aspects of the offering of a time share interest, including, but not limited to, promotion, advertising, contracting and closing. Any violation of sections 42-103cc to 42-103ddd, inclusive, that occurs during such offering activities is considered to be a violation by the developer as well as by the person actually committing the violation.
(P.A. 09-156, S. 13.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103pp. - Cancellation of purchase contract.

(a) A purchaser may cancel a purchase contract before midnight of the fifth calendar day after the date the purchaser signs and receives a copy of the purchase contract or receives the required time share disclosure statement, whichever is later. A developer may offer a cancellation period that is longer than five calendar days if required in the jurisdiction where the time share property is located.
(b) A purchaser shall not waive any right of cancellation under this section. A contract containing a waiver is voidable by the purchaser.
(c) If a purchaser elects to cancel a purchase contract under this section, the purchaser may do so by hand-delivering notice of cancellation to the developer, by mailing notice by prepaid United States mail or by faxing notice to the developer or to the developer's agent for service of process or by providing notice by overnight common carrier delivery service to the developer or the developer's agent for service of process.
(d) Cancellation shall be without penalty, and all payments made by the purchaser before cancellation shall be refunded and any negotiable instrument executed by the purchaser shall be returned not later than twenty business days after the date on which the developer receives a timely notice of cancellation or on or before the fifth day after the date the developer receives good funds from the purchaser, whichever is later.
(P.A. 09-156, S. 14.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103rr. - Exchange company. Liability exceptions.

(a) An exchange company may employ seasonal demand and unit occupancy restrictions in the operation of its exchange program.
(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.
(P.A. 09-156, S. 16.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103tt. - Unfair trade practices. Use rights compliance. Nonmaterial error or omission.

(a) Any of the following committed by a developer or other person shall be deemed an unfair trade practice under chapter 735a:
(1) Failing to disclose the information required to be disclosed, to the extent applicable, by sections 42-103cc to 42-103ddd, inclusive;
(2) Making false or materially misleading statements of fact concerning the characteristics of accommodations or amenities available to a consumer;
(3) Making false or materially misleading statements of fact concerning the duration that accommodations or amenities will be available to a consumer;
(4) Making false or materially misleading statements of fact concerning the conditions under which a purchaser of a time share interest may exchange the right to occupy a unit for the right to occupy a unit in the same or another time share property;
(5) Representing that a prize, gift or other benefit will be awarded in connection with a promotion with the intent not to award that prize, gift or benefit in the manner represented;
(6) Failing to provide a copy of the purchase contract to the purchaser at the time the contract is signed by the purchaser;
(7) Failing to provide the annual statement required by subsection (a) of section 42-103ww; or
(8) Failing to maintain a one-to-one use right to use night ratio for a time share plan during a consecutive twelve-month period, as determined under subsection (c) of this section.
(b) The provisions of this section are not exclusive and are in addition to any other unfair trade practices provided for under any other law.
(c) A developer complies with the one-to-one use right to use night ratio referred to in subdivision (8) of subsection (a) of this section if the sum of the nights that purchasers are entitled to use in a given twelve-month period do not exceed the number of nights available for use by those purchasers during the same twelve-month period. No individual time share unit may be counted as providing more than three hundred sixty-five use nights per twelve-month period or more than three hundred sixty-six use nights per twelve-month period that includes February twenty-ninth. The use rights of each purchaser shall be counted without regard to whether the purchaser's use rights have been suspended for failure to pay assessments or for other reasons.
(d) A nonmaterial error or omission is not actionable if a developer has complied with sections 42-103cc to 42-103ddd, inclusive, in good faith. Any nonmaterial error or omission is not sufficient to permit a purchaser to cancel a purchase contract after the period provided for cancellation expires under said sections.
(P.A. 09-156, S. 18.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103vv. - Developer prohibitions. Penalty.

(a) Except as provided in sections 42-103cc to 42-103ddd, inclusive, no developer shall (1) offer or dispose of a time share interest in a time share property that has not been registered with the Department of Consumer Protection, or (2) accept reservations and deposits from prospective purchasers.
(b) Any developer who violates the provisions of subsection (a) of this section shall be guilty of a class A misdemeanor. A developer shall not be prosecuted for more than one offense involving the same promotion, even if mailed or distributed to more than one person.
(P.A. 09-156, S. 20.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103xx. - Treatment of assessments collected by managing entity. Disclosures. Fiduciary duty of managing entity.

(a) A managing entity that manages two or more single-site time share plans shall not commingle the assessments collected from purchasers of one time share plan with the assessments collected from purchasers of any other single-site plan for which it is the managing entity unless the practice is disclosed in the time share disclosure statement for each time share property and an appropriate statement is included in the declaration required by section 42-103gg for each time share property.
(b) A managing entity that manages a multisite time share plan may deposit assessments collected from purchasers of one time share property into a common account with assessments collected from purchasers of other time share properties participating in the same multisite time share plan only if the practice is disclosed in the time share disclosure statement for each time share property in the multisite time share plan and an appropriate statement is included in the declaration required by section 42-103gg for each time share plan.
(c) Nothing in this section shall be construed to allow a managing entity to commingle assessments of a multisite time share plan with the assessments of a separate multisite time share plan or a time share plan that is not a part of the multisite time share plan.
(d) In matters related to the funds of the owners of time share interests and the association, the managing entity shall have a duty to act in the best interests of each owner of a time share interest in the time share plan and the association.
(P.A. 09-156, S. 22.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103zz. - Costs of delinquent assessment collection. Notice to purchaser.

Notwithstanding any provision of section 42-103yy or 36a-805, any costs of collection, including reasonable collection agency fees and reasonable attorney's fees incurred in the collection of a delinquent assessment, shall be paid by the purchaser and shall be secured by a lien in favor of the managing entity upon the time share interest with respect to which the delinquent assessment has been incurred. In the event that the managing entity turns the matter over to a consumer collection agency, the managing entity shall advise the purchaser not later than sixty days prior to turning the matter over to the consumer collection agency that the purchaser may be liable for the fees of the consumer collection agency and that a lien may result therefrom.
(P.A. 09-156, S. 24.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103aaa. - Books and records.

(a) A developer or managing entity, on written request by an owner, shall make available for examination at its registered office or principal place of business and at any reasonable time or times the relevant books and records relating to the collection and expenditure of assessments.
(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.
(P.A. 09-156, S. 25.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103bbb. - Time share resale broker requirements. Rebuttable presumption. Exclusions.

(a) A time share resale broker who acts on behalf of a time share owner other than a developer or its affiliate, shall, prior to offering in this state:
(1) Be licensed as a real estate broker pursuant to the provisions of section 20-311; and
(2) Comply with the provisions of sections 42-103ccc and 42-103ddd and submit copies to the department of the contract and disclosures required by section 42-103ddd.
(b) For purposes of this section, a rebuttable presumption shall exist that a person who has acquired twelve or more time share interests and offers them for resale in any twelve-month period did not acquire them for the personal use and occupancy of such person.
(c) Unless the method for resale of time shares is for the purpose of evading the provisions of sections 42-103cc to 42-103ddd, inclusive, a person shall not be deemed to be a time share resale broker if such person:
(1) Is a licensed real estate salesperson in this state who resells or offers to resell time share interests in a time share plan as an agent for a developer who is registered under sections 42-103cc to 42-103aaa, inclusive, provided such salesperson (A) delivers all disclosures required of a developer under sections 42-103cc to 42-103aaa, inclusive, or (B) complies with the provisions of section 42-103ccc;
(2) Is a developer who is registered under sections 42-103cc to 42-103aaa, inclusive, or is an affiliate of the developer that is also the managing entity, provided such developer or affiliated managing entity (A) delivers all disclosures required of a developer under sections 42-103cc to 42-103aaa, inclusive, or (B) complies with the provisions of section 42-103ccc;
(3) Is an association that is not otherwise a developer, that sells or engages a third party to sell on its behalf, fifty or fewer time share interests in the time share plan that it governs in a given calendar year to persons who are not existing purchasers of that time share plan and such association is in compliance with section 42-103ccc; or
(4) Is an exchange company that has filed pursuant to subsection (e) of section 42-103nn.
(d) A time share resale broker who offers to resell a time share interest shall:
(1) Provide a fully executed copy of the written agreement described in subsection (a) of section 42-103ddd to the time share owner on the date the owner signs the agreement; and
(2) Make the disclosures required pursuant to subsection (a) of section 42-103ddd before accepting anything of value from the time share owner.
(P.A. 09-156, S. 26.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103ccc. - Time share resale disclosure requirements.

Before a purchaser signs any contract to purchase a time share resale, the person who is reselling the time share shall disclose in conspicuous type in the contract to purchase the time share resale the following information:
(1) The name, address and telephone number of the time share plan and the managing entity of the time share plan;
(2) The period of time or the duration of time during which the purchaser may use the time share interest;
(3) A legal description of the time share interest being acquired;
(4) The earliest date that the purchaser may use the time share interest;
(5) The name, address, telephone number and Internet web site address, if applicable, of the entity from which the governing documents of the association, if any, and the time share instrument may be obtained, together with the following disclosure:
“THERE ARE MANY IMPORTANT DOCUMENTS RELATING TO THE TIME SHARE PLAN WHICH YOU SHOULD REVIEW PRIOR TO PURCHASING A TIME SHARE INTEREST, INCLUDING THE DECLARATION OF CONDOMINIUM OR COVENANTS AND RESTRICTIONS; THE OWNERS' ASSOCIATION ARTICLES AND BYLAWS; THE CURRENT YEAR'S OPERATING AND RESERVE, IF ANY, BUDGETS; AND ANY RULES AND REGULATIONS AFFECTING THE USE OF THE TIME SHARE PLAN ACCOMMODATIONS AND AMENITIES.”;
(6) The amount of the annual assessment for the time share interest for the current fiscal year and a statement indicating whether or not ad valorem real property taxes are included in the annual assessment;
(7) If ad valorem real property taxes are not included in the annual assessment, the amount of ad valorem real property taxes for the most recent tax year for which a bill has been issued;
(8) Whether all assessments against the time share interest are paid in full, and if not, the amount owed, and the consequences of failure to pay any assessment or real property taxes; and
(9) Any other information required to be disclosed pursuant to regulations adopted by the commissioner.
(P.A. 09-156, S. 27.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 734b - Time Shares › Section 42-103ddd. - Time share resale agreement requirements. Exceptions.

(a) An agreement for a time share resale entered into by a time share owner and a time share resale broker who offers to resell such owner's time share interest shall:
(1) Be in writing; and
(2) Contain disclosures in conspicuous type that set forth:
(A) Whether any person other than the time share owner may use the time share interest during the period before the time share is resold;
(B) Whether any person other than the time share owner may rent or exchange the use of the time share interest during the period before the time share is resold;
(C) The name of any person who will receive any rents, profits or other consideration generated from the use of the time share interest during the period before the time share interest is resold;
(D) A detailed description of any relationship between the person who resells the time share interest and any other person who receives any benefit from the use of the time share interest;
(E) A description, including the amount, of any fee to be paid by the time share owner to the time share resale broker prior to the sale of the time share interest. If any such fee is charged by the time share resale broker prior to the sale of the time share interest, a statement shall be included disclosing (i) the number of time share interests sold by the time share resale broker compared to the number of time share interests listed by the time share resale broker for each of the past three years, or (ii) the ratio or percentage of the number of listings versus the number of time share interests sold for each of the past three years; and
(F) A description of the amount or percentage and procedures for paying any commissions due to the time share resale broker upon resale of the time share interest.
(b) Notwithstanding the provisions of sections 42-103cc to 42-103ddd, inclusive, any time share property established within this state on or before December 31, 2009, shall be exempt from the provisions of said sections, and shall be subject to the general statutes and the regulations of Connecticut state agencies as existed on said date.
(P.A. 09-156, S. 28.)
History: P.A. 09-156 effective January 1, 2010.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735 - Fair Trade Act (Repealed) › Section 42-104 to 42-110. - Fair Trade Act.

Sections 42-104 to 42-110, inclusive, are repealed.
(1949 Rev., S. 6708
–
6714; 1971, P.A. 596; P.A. 75-31.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110c. - Exceptions.

(a) Nothing in this chapter shall apply to: (1) Transactions or actions otherwise permitted under law as administered by any regulatory board or officer acting under statutory authority of the state or of the United States; or (2) acts done by the publisher, owner, agent or employee of a newspaper, periodical or radio or television station in the publication or dissemination of an advertisement, where the publisher, owner, agent or employee did not have knowledge of the false, misleading, unfair or deceptive character of the advertisement, and did not have direct financial interest in the sale or distribution of the advertised product or service.
(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.
(P.A. 73-615, S. 3, 16; P.A. 75-618, S. 2, 11; P.A. 76-303, S. 2, 4.)
History: P.A. 75-618 referred to “unfair” character of advertisement in Subsec. (a); P.A. 76-303 specified transactions or actions otherwise permitted “under law”.
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.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110e. - Appeals.

Any person required by an order of the commissioner to cease and desist from using any method, act or practice declared unlawful by section 42-110b or to make restitution may appeal therefrom in accordance with the provisions of section 4-183. Appeals under this section shall be privileged cases to be heard by the court as soon after the return day as shall be practicable.
(P.A. 73-615, S. 5, 16; P.A. 76-436, S. 280, 681; P.A. 77-603, S. 122, 125; P.A. 81-356, S. 2.)
History: P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced detailed appeal provisions with requirement that appeals be made in accordance with Sec. 4-183 but retained provision re privileged status of cases; P.A. 81-356 allowed appeals by persons required to make restitution.
Cited. 186 C. 507; 192 C. 558; 217 C. 404.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110f. - Powers of receiver. Restitution. Judicial supervision.

When a receiver is appointed by the court pursuant to this chapter, he shall have the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, derived by, or aiding in any manner, any practice declared to be illegal and prohibited by this chapter, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use or employment of any unlawful practices and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
(P.A. 73-615, S. 6, 16.)
Cited. 186 C. 507; 192 C. 558.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110h. - Class actions.

As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this section may be conditional, and it may be amended before decision on the merits. An order issued under this section shall be immediately appealable by either party.
(P.A. 73-615, S. 8, 16; P.A. 84-468, S. 3, 10; P.A. 00-196, S. 59.)
History: P.A. 84-468 deleted former Subsecs. (a), (b) and (d) to (h), inclusive, detailing procedure for class actions; P.A. 00-196 made a technical change.
Cited. 186 C. 507; 241 C. 278.
Cited. 23 CA 585.
Cited. 42 CS 198.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110i. - Settlement of class actions.

Section 42-110i is repealed.
(P.A. 73-615, S. 9, 16; P.A. 75-618, S. 6, 11; P.A. 76-435, S. 60, 82; P.A. 79-210, S. 2; P.A. 84-468, S. 9, 10.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110j. - Voluntary compliance.

In the administration of this chapter, the commissioner may accept an assurance of voluntary compliance with respect to any method, act or practice deemed in violation of this chapter from any person alleged to be engaged or to have been engaged in such method, act or practice. Such assurance may include an amount as restitution to aggrieved persons. No such assurance of voluntary compliance shall be considered an admission of violation for any purpose. Matters thus closed may at any time be reopened by the commissioner for further proceedings in the public interest.
(P.A. 73-615, S. 10, 16.)
Cited. 186 C. 507.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110k. - Commissioner's enforcement powers. Court orders.

If any person fails or refuses to file any statement or report, or obey any subpoena or investigative demand issued by the commissioner or his authorized representatives, the commissioner may, after notice, apply to the superior court for the judicial district of Hartford, which court, after a hearing thereon, may issue an order: (1) Granting injunctive relief to restrain the person from engaging in the advertising or sale of any commodity or the conduct of any trade or commerce that is involved in the alleged or suspected violation; (2) vacating, annulling or suspending the corporate charter of a corporation created by or under the laws of Connecticut or revoking or suspending the certificate of authority to do business in this state of a foreign corporation or revoking or suspending any other licenses, permits or certificates issued pursuant to law to such person which are used to further the allegedly unlawful practice; and (3) granting such other relief as may be required, until the person files the statement or report, or obeys the subpoenas or investigative demand. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.
(P.A. 73-615, S. 11, 16; P.A. 75-618, S. 8, 11; P.A. 76-436, S. 281, 681; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4
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6.)
History: P.A. 75-618 added reference to commissioner's authorized representatives; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 substituted “judicial district of Hartford-New Britain” for “Hartford county”; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 186 C. 507; 190 C. 510; 238 C. 216.
Cited. 42 CS 198.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110l. - Assistance by court prosecutors.

The various state's attorneys and prosecuting attorneys shall lend to the commissioner or Attorney General such assistance as either may request in the commencement and prosecution of actions pursuant to this chapter.
(P.A. 73-615, S. 14, 16.)
Cited. 186 C. 507.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110m. - Restraining orders or injunctions. Relief.

(a) Whenever the commissioner has reason to believe that any person has been engaged or is engaged in an alleged violation of any provision of this chapter said commissioner may proceed as provided in sections 42-110d and 42-110e or may request the Attorney General to apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining the continuance of such act or acts or for an order directing restitution and the appointment of a receiver in appropriate instances, or both. Proof of public interest or public injury shall not be required in any action brought pursuant to section 42-110d, section 42-110e or this section. The court may award the relief applied for or so much as it may deem proper including reasonable attorney's fees, accounting and such other relief as may be granted in equity. In such action the commissioner shall be responsible for all necessary investigative support.
(b) Nothing contained in this chapter shall be construed as a limitation upon the power or authority of the state, the attorney general or the commissioner to seek administrative, legal or equitable relief as provided by other statutes or at common law.
(P.A. 75-618, S. 4, 11; P.A. 84-468, S. 4, 10; P.A. 91-406, S. 12, 29; P.A. 94-15, S. 1.)
History: P.A. 84-468 amended Subsec. (a) by providing that proof of public interest or injury is not required in any action brought pursuant to Sec. 42-110d, 42-110e or this section; P.A. 91-406 corrected a typographical error; P.A. 94-15 added a provision in Subsec. (a) allowing the court to award reasonable attorney fees.
Cited. 186 C. 507; 217 C. 404; 238 C. 216.
Cited. 4 CA 137; 13 CA 230; 15 CA 150.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110n. - Consent orders.

(a) In the administration of this chapter, the commissioner, any time after the issuance of a complaint provided for in subsection (d) of section 42-110d, may accept an agreement by any person charged with violating the provisions of section 42-110b to enter into a written consent order in lieu of an adjudicative hearing. The acceptance of a consent order shall be within the complete discretion of the commissioner or such presiding officer as had been designated by the commissioner.
(b) The consent order provided for in subsection (a) of this section shall contain: (1) An admission of all jurisdictional facts; (2) an express waiver of the right to seek judicial review or otherwise to challenge or contest the validity of the order; (3) a provision that the complaint may be used in construing the terms of the consent order; (4) a statement that the consent order shall have the same force and effect as an order entered after a full hearing and shall become final when issued; (5) a specific assurance of discontinuance of each of the acts alleged in the complaint; (6) the signature of each of the individual respondents or his counsel; and (7) the signature of the commissioner or of his authorized representative.
(c) Negotiations leading up to the acceptance of a consent order are not open to the public. The consent order itself is a matter of public record.
(d) A consent order shall have the same force and effect as a cease and desist order issued pursuant to subsection (d) of section 42-110d.
(P.A. 75-618, S. 7, 11.)
Cited. 186 C. 507.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110o. - Civil penalties.

(a) Any person who violates the terms of a temporary restraining order or an injunction issued under subsection (d) of section 42-110d or subsection (a) of section 42-110m shall forfeit and pay to the state a civil penalty of not more than twenty-five thousand dollars per violation. For purposes of this section the court issuing the injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the state may petition for recovery of civil penalties.
(b) In any action brought under section 42-110m, if the court finds that a person is wilfully using or has wilfully used a method, act or practice prohibited by section 42-110b, the Attorney General, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars for each violation. For purposes of this subsection, a wilful violation occurs when the party committing the violation knew or should have known that his conduct was a violation of section 42-110b.
(P.A. 75-618, S. 9, 11; P.A. 87-297; P.A. 94-15, S. 2.)
History: P.A. 87-297 amended Subsec. (a) by adding reference to temporary restraining orders or injunctions issued under Sec. 42-110m(a); P.A. 94-15 increased the civil penalty in Subsec. (b) from $2,000 to $5,000.
Cited. 186 C. 507; 238 C. 216.
Subsec. (b):
Cited. 217 C. 404. Court not required to consider whether defendant was easily accessible to the public or whether anyone was actually harmed by the unfair or deceptive trade practice in determining whether to assess penalty; section does not require defendant to have had actual knowledge that the practice was unfair or deceptive. 246 C. 721.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110p. - Dissolution, suspension or forfeiture of corporate franchise for violation of injunction.

Upon petition by the Attorney General, the superior court for the judicial district of Hartford may, in its discretion, order the dissolution or suspension or forfeiture of the franchise of any corporation which violates the terms of any injunction issued under section 42-110m.
(P.A. 75-618, S. 10, 11; P.A. 80-483, S. 170, 186; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4
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6.)
History: P.A. 80-483 substituted “judicial district of Hartford-New Britain” for “Hartford county”; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 186 C. 507.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735a - Unfair Trade Practices › Section 42-110q. - Service contract agreements. Fee disclosure required.

(a) For the purposes of this section: (1) “Service contractor” means a person engaged in the business of repairing, overhauling, adjusting, assembling or disassembling consumer goods; (2) “person” means a natural person, corporation, limited liability company, trust, partnership, incorporated or unincorporated association, and any other legal entity; (3) “consumer goods” means any article purchased, leased or rented primarily for personal, family or commercial purpose; and (4) “service charge” means the fee charged by the service contractor to respond to the request for services.
(b) It shall be an unfair or deceptive trade practice, in violation of this chapter, for any service contractor to fail to disclose to a prospective customer, at the time the prospective customer makes initial contact by any means with the service contractor, that a service call made by the service contractor to the home or business of the prospective customer will require the payment by the prospective customer to the service contractor of separate and distinct fees for the following, if such is the case: (1) Service charge, and (2) labor charge.
(P.A. 77-464, S. 1, 2; P.A. 95-79, S. 155, 189; P.A. 10-32, S. 125.)
History: P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; P.A. 10-32 made technical changes, effective May 10, 2010.
Cited. 186 C. 507.
Cited. 24 CA 85; 41 CA 754.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735b - Repair of Consumer Goods › Section 42-110r. - Definitions.

For the purposes of this chapter:
(a) “Repairer” means any person engaged in the business of repairing, overhauling, adjusting, assembling or disassembling consumer goods;
(b) “Person” means a natural person, corporation, limited liability company, trust, partnership, incorporated or unincorporated association, and any other legal entity;
(c) “Consumer goods” means any article, except motor vehicles, purchased, leased or rented primarily for personal, family, household or commercial purposes.
(P.A. 77-532, S. 1; P.A. 95-79, S. 156, 189.)
History: P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735b - Repair of Consumer Goods › Section 42-110s. - Written estimates.

Upon request of a customer, a repairer shall make an estimate in writing of the parts and labor charges necessary for a specific job and shall not charge for work done or parts supplied in excess of the estimate without the consent of such customer.
(P.A. 77-532, S. 2.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735b - Repair of Consumer Goods › Section 42-110t. - Invoices to show separate charges, used parts, component systems. Replaced parts to be available to customer.

All work done by a repairer for which a separate charge is imposed upon a customer for such work, except for work represented by a charge to the customer in an amount less than twenty-five dollars, shall be recorded on an invoice and shall reasonably describe all service work done and parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. If any component system installed is composed of new and used parts, such invoice shall clearly state that fact. One copy of the invoice shall be given to the customer and one copy shall be retained by the repairer for a period of not less than one year. The repairer shall make available to the customer, if requested at the time a work order is placed, all replaced parts, components or equipment, excepting any parts, components or equipment normally sold on an exchange basis or subject to a warranty. The obligation to make available replaced parts, components and equipment shall not apply to any part, the dimensions of which are less than one-quarter of an inch, when replaced by a jeweler, watchmaker or silversmith.
(P.A. 77-532, S. 3; P.A. 78-110; P.A. 79-631, S. 17, 111.)
History: P.A. 78-110 specified that obligation to make replaced parts etc., available does not apply to jewelers, watchmakers or silversmiths in certain cases; P.A. 79-631 made technical correction, substituting “one-quarter of an inch” for “one quarter or one inch” in provision re jewelers, etc.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 735b - Repair of Consumer Goods › Section 42-110u. - Signs to be posted advising customer of rights.

A repairer shall post a sign twenty-four inches by twenty-six inches in a conspicuous area upon the premises in boldface type, or in such place or places and in such type and size as the Commissioner of Consumer Protection shall require by regulation, which sign shall read as follows:
A CUSTOMER MAY REQUEST...
1. A WRITTEN ESTIMATE FOR REPAIR WORK.
2. A DETAILED INVOICE OF WORK DONE AND PARTS SUPPLIED.
3. RETURN OF REPLACED PARTS, PROVIDED THE REQUEST IS MADE AT THE TIME THE WORK ORDER IS PLACED.
QUESTIONS CONCERNING THE ABOVE SHOULD BE DIRECTED TO THE MANAGER OF THIS REPAIR FACILITY.
(P.A. 77-532, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.