reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742 - Consumer Contracts › Section 42-152. - Consumer contract to be written in plain language.

(a)
Standard.
Every consumer contract entered into after June 30, 1980, shall be written in plain language. A consumer contract is written in plain language if it meets either the plain language tests of subsection (b) of this section or the alternate objective tests of subsection (c) of this section. A consumer contract need not meet the tests of both subsections.
(b)
Plain language tests.
A consumer contract is written in plain language if it substantially complies with all of the following tests:
(1) It uses short sentences and paragraphs; and
(2) It uses everyday words; and
(3) It uses personal pronouns, the actual or shortened names of the parties to the contract, or both, when referring to those parties; and
(4) It uses simple and active verb forms; and
(5) It uses type of readable size; and
(6) It uses ink which contrasts with the paper; and
(7) It heads sections and other subdivisions with captions which are in boldface type or which otherwise stand out significantly from the text; and
(8) It uses layout and spacing which separate the paragraphs and sections of the contract from each other and from the borders of the paper; and
(9) It is written and organized in a clear and coherent manner.
(c)
Alternate objective tests.
A consumer contract is also written in plain language if it fully meets all of the following tests, using the procedures described in section 42-158:
(1) The average number of words per sentence is less than twenty-two; and
(2) No sentence in the contract exceeds fifty words; and
(3) The average number of words per paragraph is less than seventy-five; and
(4) No paragraph in the contract exceeds one hundred fifty words; and
(5) The average number of syllables per word is less than 1.55; and
(6) It uses personal pronouns, the actual or shortened names of the parties to the contract, or both, when referring to those parties; and
(7) It uses no typeface of less than eight points in size; and
(8) It allows at least three-sixteenths of an inch of blank space between each paragraph and section; and
(9) It allows at least one-half of an inch of blank space at all borders of each page; and
(10) If the contract is printed, each section is captioned in boldface type at least ten points in size. If the contract is typewritten, each section is captioned and the captions are underlined; and
(11) It uses an average length of line of no more than sixty-five characters.
(P.A. 79-532, S. 2; June 12 Sp. Sess. P.A. 12-2, S. 75.)
History: June 12 Sp. Sess. P.A. 12-2 made technical changes in Subsec. (a).
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742 - Consumer Contracts › Section 42-153. - Coverage.

(a)
Contracts covered.
This chapter shall apply to all consumer contracts made, entered into or signed by the consumer in this state after June 30, 1980.
(b)
Exclusions.
Mortgages, deeds of real estate, insurance policies and documents relating to securities transactions are not consumer contracts.
(P.A. 79-532, S. 3.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742 - Consumer Contracts › Section 42-154. - Liability.

Any creditor, seller or lessor which fails to comply with section 42-152 shall be liable to a consumer who is a party to the consumer contract for statutory damages of one hundred dollars plus, at the discretion of the court, an attorney's fee not to exceed one hundred dollars.
(P.A. 79-532, S. 4.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742 - Consumer Contracts › Section 42-155. - Limitations on liability.

(a)
Contracts with more than one party.
In any individual transaction, if there is more than one consumer who is a party to a single consumer contract, only one award of statutory damages may be made for that transaction.
(b)
Good faith.
No statutory damages or attorney's fee shall be awarded under this chapter for a violation of subsection (b) of section 42-152 if the creditor, seller or lessor has attempted in good faith to comply with that subsection.
(c)
Class actions.
No class action may be brought under this chapter.
(d)
Contracts prepared by the consumer.
No consumer may bring an action under this chapter on a contract which the consumer prepared.
(e)
Consumer represented by attorney at signing of contract.
No consumer may bring an action under this chapter on a contract, if:
(1) The consumer was represented at the signing of the contract by an attorney; and
(2) This fact is shown by the attorney's signed and dated statement on the contract.
(f)
Limitations on actions.
No consumer may bring an action under this chapter after the contract has been fully performed. No consumer may bring an action under this chapter more than six years after the date on which the contract was last signed.
(P.A. 79-532, S. 5.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742 - Consumer Contracts › Section 42-156. - Exempt language.

(a)
Required and authorized language.
The use of specific language expressly required or authorized by court decision, statute, regulation or governmental agency shall not be a violation of this chapter.
(b)
Legal descriptions of real property.
The use of a legal description of real property shall not be a violation of this chapter.
(P.A. 79-532, S. 6.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742 - Consumer Contracts › Section 42-157. - Rights of parties.

(a)
Enforceability.
A consumer contract shall remain enforceable, even though it violates this chapter.
(b)
Other consumer rights.
Nothing in this chapter shall preclude a consumer from making any claim or raising any defense which would have been available to the consumer if this chapter were not in effect.
(c)
Waiver.
A consumer may not waive the rights provided by this chapter, and any such waiver shall be void.
(P.A. 79-532, S. 7.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742a - Noncommercial Motor Vehicle Lease Agreements (Repealed) › Section 42-158a. - Definitions.

Section 42-158a is repealed, effective July 1, 2003.
(P.A. 99-278, S. 1; P.A. 00-219, S. 1; P.A. 02-81, S. 49.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742a - Noncommercial Motor Vehicle Lease Agreements (Repealed) › Section 42-158b and 42-158c. - Required calculation of lease rate. Required disclosures in lease agreements.

Sections 42-158b and 42-158c are repealed, effective July 1, 2002.
(P.A. 99-278, S. 2, 3; P.A. 00-219, S. 4
–
6; P.A. 01-200, S. 2
–
4; P.A. 02-81, S. 50.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742a - Noncommercial Motor Vehicle Lease Agreements (Repealed) › Section 42-158d to 42-158g. - Unfair trade practice. Conflict with state or federal law to be avoided. Terms excluding or modifying implied warranties or remedies for breach unenforceable. Required disclosures.

Sections 42-158d to 42-158g, inclusive, are repealed, effective July 1, 2003.
(P.A. 99-278, S. 4, 5; P.A. 00-219, S. 2, 3; P.A. 01-195, S. 96, 181; P.A. 02-81, S. 49.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742b - Construction Contracts › Section 42-158k. - Retainage limitation. Payment by owner. Time limits.

No construction contract may provide for any retainage in an amount that exceeds five per cent of the estimated amount of a progress payment for the life of the construction project. All retainage shall be paid by the owner not later than thirty days after the issuance of a certificate of final completion by the owner or the owner's authorized representative or not later than thirty days after the equivalent written acceptance of the construction project work by the owner.
(P.A. 99-153, S. 3; P.A. 03-167, S. 8; P.A. 10-148, S. 1; P.A. 17-182, S. 2.)
History: P.A. 03-167 deleted provision re section not to be construed to require construction contract to contain retainage provision, effective January 1, 2004; P.A. 10-148 changed retainage limitation from 7.5% to 5%; P.A. 17-182 added provision re owner's payment of retainage, effective July 1, 2017.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742b - Construction Contracts › Section 42-158l. - Clauses waiving right to claim mechanic's lien or claim against a payment bond void.

(a) Any provision in a construction contract or any periodic lien waiver issued pursuant to a construction contract that purports to waive or release the right of a contractor, subcontractor or supplier engaged to perform services, perform labor or furnish materials under the construction contract to (1) claim a mechanic's lien, or (2) make a claim against a payment bond, for services, labor or materials which have not yet been performed and paid for shall be void and of no effect.
(b) Notwithstanding any provision of subsection (a) of this section, this section shall not be construed to prohibit (1) the subordination of a mechanic's lien to the lien of a mortgage or security interest, or (2) the enforcement of an agreement to subordinate a mechanic's lien to the lien of a mortgage or security interest.
(P.A. 99-153, S. 4.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742b - Construction Contracts › Section 42-158m. - Adjudication of disputes in this state.

Any provision in a construction contract for the performance of work on a construction site located in this state that purports to require that any dispute arising under the construction contract be mediated, arbitrated or otherwise adjudicated in or under the laws of a state other than Connecticut shall be void and of no effect, regardless of whether the construction contract was executed in this state.
(P.A. 99-153, S. 5; P.A. 11-149, S. 2.)
History: P.A. 11-149 substituted “mediated, arbitrated or otherwise adjudicated” for “adjudicated”.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742b - Construction Contracts › Section 42-158n. - Required job site postings.

At or before the commencement of any work under a construction contract, the owner shall post and maintain in a conspicuous place at the construction site (1) the name and address of the owner and any agent authorized to accept service of a certificate of mechanic's lien on behalf of the owner in any action, suit or proceeding for the enforcement of any obligation of the owner arising out of the construction contract, (2) the volume and page number of the land records of the town in which such property is located, and (3) if a payment bond exists, the name and address of the surety that issued the payment bond.
(P.A. 99-153, S. 6.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742b - Construction Contracts › Section 42-158o. - Surety obligations.

No surety shall be obligated to include in the payment of a bond issued by such surety any interest, costs, penalties or attorneys' fees imposed on the principal of such bond under any provision of sections 42-158i to 42-158o, inclusive, or 49-33 or subsection (a) of section 52-249, unless the terms of the bond expressly reference said sections and subsection and state that such surety is obligated to pay such interest, costs, penalties or attorneys' fees.
(P.A. 99-153, S. 9.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742b - Construction Contracts › Section 42-158p. - Retainage escrow accounts. Monthly reports. Combining accounts. Termination of accounts. Fees and expenses. Form and provision of account. Failure to deposit or release retainage. Acceptance of securities.

An escrow account shall be established for all retainage, subject to the following:
(a) An escrow account shall be established in state or national banks domiciled in this state or in savings and loan associations domiciled in this state.
(b) The owner shall provide a monthly report to the contractor as to the value of the retainage being held in the escrow account and any additions to or payments from the escrow account. Upon request by a subcontractor, the contractor shall make such monthly report available for review by the subcontractor. Withdrawals from the escrow account shall be made only subject to approval of the owner.
(c) If the owner has entered into more than one construction contract with the same contractor requiring the maintenance of escrow accounts, the owner may elect to combine the amounts held as retainage under each contract into one or more escrow accounts or may establish a separate escrow account for each contract.
(d) The escrow account shall be terminated upon substantial or final completion of all work in accordance with the terms of the construction contract and full payment to the contractor.
(e) All fees and expenses related to maintaining the escrow account shall be paid by the owner.
(f) The form and provisions of the escrow account shall be included in all solicitations for construction services and shall be provided to the contractor and subcontractor prior to entering into a contract with the owner. Upon request by a subcontractor, the contractor shall make such form and provisions available for review by the subcontractor. Failure to comply with the provisions of this subsection shall not give rise to a defense to the enforcement of a contract.
(g) If an owner fails to deposit retainage that is withheld or to release retainage as required by public act 03-167*, the owner shall pay to the contractor an additional one and one-half per cent of the amount not deposited or released for each month or fraction of a month, until the retainage amount is paid in full.
(h) An owner may accept securities in lieu of retainage from a contractor and a contractor may accept securities in lieu of retainage from a subcontractor.
(i) For the purposes of this section, “owner” means “owner”, as defined in subdivision (1) of section 42-158i.
(P.A. 03-167, S. 6.)
*Note: Public act 03-167 is entitled “An Act Concerning Retainage, the New Home Construction Act, the Home Improvement Contractor Act and the Home Solicitation Sales Act”. (See Reference Table captioned “Public Acts of 2003” in Volume 16 which lists the sections amended, created or repealed by the act.)
History: P.A. 03-167 effective January 1, 2004.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742b - Construction Contracts › Section 42-158q. - Escrow account exclusions.

The provisions of section 42-158p do not apply to construction contracts for residential property containing four or fewer dwelling units or to construction contracts of less than twenty-five thousand dollars total value or to construction contracts relating to any public building or public work of the state or a municipality or other political subdivision of the state.
(P.A. 03-167, S. 7.)
History: P.A. 03-167 effective January 1, 2004.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742b - Construction Contracts › Section 42-158r. - Enforcement of retainage and adjudication in this state.

In an action to enforce the provisions of section 42-158k, 42-158m or 42-158p, a court may award court costs and reasonable attorney's fees to the prevailing party.
(P.A. 03-167, S. 9.)
History: P.A. 03-167 effective January 1, 2004.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742c - Refuse Removal or Disposal Contracts › Section 42-158aa. - Refuse removal or disposal contracts. Renewal. Conditions. Exceptions.

(a) No provision of a contract for refuse removal or disposal which states that the term of such contract shall be deemed renewed for a specified additional period of time shall be enforceable unless the person against whom such provision is to be enforced initialed or signed a conspicuous statement immediately following such provision, stating, in boldface type at least twelve points in size: “I acknowledge that this contract contains an AUTOMATIC RENEWAL provision.” The provisions of this subsection apply to written contracts and shall also apply to contracts meeting the requirements of the Connecticut Uniform Electronic Transactions Act, sections 1-266 to 1-286, inclusive.
(b) The provisions of this section shall not apply to: (1) Any contract in which the automatic renewal period specified is thirty-one days or less and can be cancelled at any time without penalty or damages, or (2) a written contract subject to the provisions of section 42-126b.
(P.A. 07-215, S. 1.)
History: P.A. 07-215 effective October 1, 2007, and applicable to contracts entered into on and after that date.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 - Self-Service Storage Facilities › Section 42-159. - Definitions.

As used in this chapter:
(1) “Default” means failure to perform any obligation or duty imposed by a rental agreement or by this chapter.
(2) “Last-known address” means a postal or electronic address provided by the occupant in the latest rental agreement or a postal or electronic address provided by the occupant in a subsequent written notice of a change of address.
(3) “Occupant” means a person, or the sublessee, successor or assignee of a person, entitled to the use of a storage unit at a self-service storage facility under a rental agreement, to the exclusion of others.
(4) “Owner” means the owner, operator, lessor or sublessor of a self-service storage facility, an agent of such owner, operator, lessor or sublessor or any other person authorized by such owner, operator, lessor or sublessor to manage the facility or receive rent from an occupant under a rental agreement.
(5) “Personal property” means movable property not affixed to land and includes, but is not limited to, goods, merchandise, household items and motor vehicles.
(6) “Rental agreement” means any written agreement or lease that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a unit in a self-service storage facility.
(7) “Self-service storage facility” means any real property designed and used for the renting or leasing of individual self-contained units of storage space to occupants who are to have access to such units for storing and removing personal property only, and not for residential purposes. A self-service storage facility and an owner are not a warehouse, as defined in section 42a-7-102, except that if an owner issues a document of title, as defined in section 42a-1-201, for the personal property stored, the owner and the occupant are subject to the provisions of article 7 of the Uniform Commercial Code and the provisions of this chapter do not apply.
(P.A. 81-428, S. 1; P.A. 04-64, S. 75; P.A. 09-187, S. 45; P.A. 13-13, S. 1; P.A. 22-70, S. 1.)
History: P.A. 04-64 amended Subdiv. (1) by replacing reference to “warehouseman” with reference to “warehouse” and making technical and conforming changes; P.A. 09-187 redefined “personal property” in Subdiv. (5) to include motor vehicles, effective January 1, 2010; P.A. 13-13 made technical changes in Subdiv. (2) and redefined “last known address” by adding “postal or electronic” re address in Subdiv. (6), effective July 1, 2013; P.A. 22-70 redesignated existing Subdivs. (7), (6), (2) and (4) as Subdivs. (1), (2), (4) and (6), respectively, and made technical and conforming changes, effective July 1, 2022.
Cited. 194 C. 129.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 - Self-Service Storage Facilities › Section 42-161. - Satisfaction of lien. Notice to occupant and holders of security interest.

(a) No owner may satisfy the lien provided for in section 42-160 unless he or she complies with the procedure set forth in this chapter.
(b) The owner shall notify the occupant and any person who has filed in such occupant's name a valid security interest in such property with the Secretary of the State of such owner's intention to satisfy the lien with a written notice which shall be delivered in person or sent by electronic mail or by registered or certified mail, with a unique tracking number assigned by the United States Postal Service, to the last-known address of the occupant. If the owner sends notice by electronic mail to the occupant, a statement shall be included in such electronic mail, indicating that opening of such electronic mail is acceptance of such notice by the occupant pursuant to this section.
(c) If the owner sends electronic notice to the occupant pursuant to subsection (b) of this section, the owner shall send such notice to the occupant by registered or certified mail pursuant to said subsection if the owner has not received confirmation, not later than seven days after sending the electronic notice, that the occupant has opened the electronic notice.
(P.A. 81-428, S. 3; P.A. 13-13, S. 3; P.A. 22-70, S. 3.)
History: P.A. 13-13 amended Subsec. (a) to make a technical change, amended Subsec. (b) to add provisions re notice by electronic mail and make a technical change, and added Subsec. (c) re procedure if owner has not received confirmation that occupant opened electronic notice, effective July 1, 2013; P.A. 22-70 amended Subsec. (b) by adding “in such occupant's name”, substituting “with a unique tracking number assigned by the United States Postal Service” for “return receipt requested” and making a technical change, effective July 1, 2022.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 - Self-Service Storage Facilities › Section 42-162. - Contents of notice.

The notice required by section 42-161 shall contain the following information in plain language and a simple format: (1) An itemized statement of the owner's claim showing the amount due at the time of the notice and the date the amount became due; (2) a description of the personal property subject to the lien sufficient to permit its identification, except that any container including but not limited to a trunk, valise or box that is locked, fastened, sealed, or tied in a manner which hinders immediate access to its contents may be described as such without describing its contents; (3) a notice of denial of access to the personal property by the occupant if such denial is permitted under the terms of the rental agreement, such notice to provide the name, street address and telephone number of the owner whom the occupant may contact; (4) a demand for payment within a conspicuously specified time not less than fourteen days after delivery of the notice; and (5) a conspicuous statement that unless the amount due is paid within the sixty days after default the owner will advertise the personal property for sale or disposition and will sell or otherwise dispose of such personal property, the date, time and place of such sale or disposition to be specified in the notice.
(P.A. 81-428, S. 4; P.A. 22-70, S. 15.)
History: P.A. 22-70 added provision re notice required by Sec. 42-161 be in plain language and simple format, amended Subdiv. (4) by adding “conspicuously” and Subdiv. (5) by adding “date”, effective July 1, 2022.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 - Self-Service Storage Facilities › Section 42-163. - Sale or disposition of property; where held.

Any sale or other disposition of the personal property of the occupant shall conform to the terms of the notice as provided in section 42-162 and shall be held (1) at the self-service storage facility, (2) at the nearest suitable place convenient to where such personal property is stored or held, or (3) online.
(P.A. 81-428, S. 5; P.A. 22-70, S. 4.)
History: P.A. 22-70 divided existing provisions into Subdivs. (1) and (2) and added Subdiv. (3) re online sale or disposition of occupant's personal property, effective July 1, 2022.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 - Self-Service Storage Facilities › Section 42-164. - Advertisement of, and time for sale. Allocation of proceeds.

(a) After the expiration of the time given in the notice for the occupant to pay the amount due, if the owner wishes, the owner may advertise the sale or other disposition of the personal property in any print or online newspaper of general circulation in the municipality where the self-service storage facility is located or on any publicly accessible, independent Internet web site that regularly conducts online auctions of personal property. Such advertisement shall be published at least once within a period not less than ten days preceding the date of such sale or other disposition. The advertisement shall include: (1) A description of the personal property subject to the lien according to the requirements of section 42-162; (2) the name of the occupant, the address of the self-service storage facility, the unit number, if any, of the storage space where the personal property is located; and (3) the time, place and manner of the sale or other disposition.
(b) Such sale or other disposition of the personal property shall not take place sooner than ten days after publication of the advertisement nor sixty days after the date of default.
(c) The proceeds of a sale under this section shall be allocated to pay the expenses of such sale, then to the holder of any lien or security interest having priority over that of such owner, then to the owner.
(P.A. 81-428, S. 6; P.A. 22-70, S. 5.)
History: P.A. 22-70 amended Subsec. (a) by substituting “any print or online newspaper of general circulation” for “a newspaper of substantial circulation”, adding provision re publicly accessible, independent Internet web site that regularly conducts online auctions of personal property and substituting “twice” for “once”, deleted former Subsec. (c) re posting notice in neighborhood where self-service storage facility is located, redesignated existing Subsec. (d) as Subsec. (c) and made technical and conforming changes, effective July 1, 2022.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 - Self-Service Storage Facilities › Section 42-165. - Redemption of property by occupant or holder of security interest.

At any time prior to the sale or other disposition of the personal property subject to the lien, the occupant, or any person who proves a valid security interest in such personal property, may pay the amount due necessary to satisfy the lien along with reasonable expenses incurred under section 42-164 and redeem such personal property. Upon receipt of payment, the owner shall return the personal property and have no further liability to any person in respect to such personal property.
(P.A. 81-428, S. 7.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 - Self-Service Storage Facilities › Section 42-166. - Rights of purchaser in good faith.

A purchaser in good faith of personal property sold to satisfy the lien provided for in section 42-160 takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the requirements of this chapter.
(P.A. 81-428, S. 8.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 - Self-Service Storage Facilities › Section 42-167. - Disposition of balance of proceeds following satisfaction of lien.

In the event of a sale of personal property subject to such a lien, the owner may satisfy his lien from the proceeds of the sale but shall hold the balance, if any, for delivery on demand to the occupant or any other party having an interest. If the occupant or such other party does not claim the balance of the proceeds within two years of the date of sale, it shall become the property of the owner.
(P.A. 81-428, S. 9.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 - Self-Service Storage Facilities › Section 42-168. - Other remedies of parties not impaired.

Nothing in this chapter shall impair or affect the right of parties to create liens by special contract or agreement, nor shall it impair or affect other liens arising at common law, in equity or by any other provision of the general statutes, nor shall it impair or affect any other rights affecting debtors and creditors allowed by law.
(P.A. 81-428, S. 10.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 › l › - Diet Programs › Section 42-280. - Definitions.

As used in sections 42-280 to 42-283, inclusive:
(1) “Diet company” means any person, except a hospital, engaged in the business of selling a product or service, the primary purpose of which is to cause weight loss in the person who uses the product or service, but does not include (A) any retailer whose sales of the diet product or service is less than fifty per cent of the total sales of the establishment, or (B) any health club or other business whose primary focus is on fitness;
(2) “Consumer” means a person who uses a diet company to cause weight loss; and
(3) “Diet program” means any service offered by a diet company to a consumer, the purpose of which is to reduce the weight of the consumer primarily through a restricted diet.
(P.A. 96-126, S. 1; P.A. 97-105, S. 1.)
History: P.A. 97-105 added definition of “diet program” as Subdiv. (3).
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 › l › - Diet Programs › Section 42-281. - Prohibited activities.

A diet company shall not:
(1) Make any written representation regarding the safety of any diet program providing less than one thousand calories per day unless the diet company provides conspicuous disclosure that a physician is monitoring the program for health risks;
(2) Misrepresent the likelihood that the consumer will regain all or a significant portion of the initial weight loss;
(3) Represent the success of consumers in achieving weight loss or maintaining weight control unless the diet company possesses and relies upon competent and reliable scientific evidence substantiating the representation and the diet company uses a representative sampling of consumers who have properly used the product or service for more than two weeks, but not including consumers who were unable to use the product or service for the period of time recommended by the diet company due to illness, pregnancy or change of residence;
(4) Represent that weight loss will be maintained for an extended period of time unless the diet company has evidence from a representative sampling of consumers who have properly used the diet company's product or service for more than two weeks, but not including consumers who were unable to use the product or service for the period of time recommended by the diet company due to illness, pregnancy or change of residence, that weight loss was maintained by at least two-thirds of such consumers of such diet company's product or service for at least two years after such time period; or
(5) Represent that weight loss will be maintained permanently unless the diet company has evidence from a representative sampling of consumers who have properly used the diet company's product or service for more than two weeks, but not including consumers who were unable to use the product or service for the period of time recommended by the diet company due to illness, pregnancy or change of residence, that weight loss was maintained by a majority of the consumers for a period of time which is either (A) recognized by experts in the field of obesity or (B) demonstrated by competent and reliable survey evidence, as being of sufficient length to constitute a reasonable basis for predicting permanent weight loss.
(P.A. 96-126, S. 2; P.A. 97-105, S. 2.)
History: P.A. 97-105 amended Subdivs. (3), (4) and (5) by adding provision re use of product or service for more than two weeks, but not including consumers unable to use the product or service due to illness, pregnancy or change of residence.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743 › l › - Diet Programs › Section 42-283. - Unfair trade practices.

A violation of sections 42-280 to 42-282, inclusive, shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
(P.A. 96-126, S. 4.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743a - Bulk Transfers by Restaurants and Other Food-Dispensing Establishments (Repealed) › Section 42-170. - Bulk transfers by restaurants and other food-dispensing establishments.

Section 42-170 is repealed.
(P.A. 82-13; P.A. 93-107, S. 4.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-390. - Short title: Consumer Leases Act.

Sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, may be cited as the Consumer Leases Act.
(P.A. 02-81, S. 1; P.A. 09-134, S. 2.)
History: P.A. 02-81 effective July 1, 2003; P.A. 09-134 changed short title from “Uniform Consumer Leases Act” to “Consumer Leases Act”.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-392. - Time of consummation. Expiration. Termination.

(a) Consummation of a consumer lease occurs when the lessee signs a record evidencing the lessee's contractual obligation under the lease. A lessee may consummate a consumer lease even if it is subject to subsequent credit or other approval by the lessor or an assignee of the lessor.
(b) Expiration of a consumer lease occurs at the scheduled end of the period covered by the lease.
(c) Termination of a consumer lease occurs when the lessee's right to continued possession and use of the goods ends by virtue of:
(1) Expiration of the lease;
(2) Election by one of the parties to terminate before expiration, as provided in the lease; or
(3) Agreement of the parties.
(P.A. 02-81, S. 3.)
History: P.A. 02-81 effective July 1, 2003.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-393. - Scope. Exclusions. Sale incident to lease.

(a) Except as otherwise provided in subsections (b) to (e), inclusive, of this section, sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, apply to a consumer lease.
(b) Sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, do not apply to a consumer lease unless the lessor has leased goods under a consumer lease more than five times in the preceding calendar year or more than five times in the current calendar year.
(c) Sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, do not apply to a lease of:
(1) A safe deposit box;
(2) Goods incidental to a lease of real property under which the lessee: (A) Has no liability for the value of the goods at the end of the lease period except for abnormal wear and use; and (B) has no option to purchase the goods; or
(3) Goods incidental to a contract for the sale of goods or services.
(d) If a transaction that is predominantly a consumer lease includes an incidental sale of goods, services or other benefits, including accessories, insurance, an extended warranty, a maintenance agreement or a service contract, the incidental sale is not subject to sections 36a-770 to 36a-788, inclusive, 42-100b, 42-100c and 42-125aa to 42-125cc, inclusive.
(e) A provision in a consumer lease for payment of governmental, license or registration fees; taxes related to the lease; or an amount necessary to discharge a security interest in, a lien on, or a debt with respect to, property traded in, or to satisfy an obligation owed on a previous lease, does not make the payment subject to sections 36a-555 to 36a-573, inclusive, 36a-675 to 36a-685, inclusive, 36a-770 to 36a-788, inclusive, 42-100b, 42-100c and 42-125aa to 42-125cc, inclusive.
(P.A. 02-81, S. 4.)
History: P.A. 02-81 effective July 1, 2003.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-394. - Characterization of lease. Applicability by agreement.

(a) A consumer lease may not be deemed a credit sale, loan or security interest to make the transaction subject to coverage by other law in lieu of sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive.
(b) The parties to a lease that is not subject to sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, may agree in the lease, or in a contemporaneous record, that sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, apply to the lease.
(c) The parties to a consumer lease may not agree that the transaction is governed by other law in lieu of sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive.
(P.A. 02-81, S. 5.)
History: P.A. 02-81 effective July 1, 2003.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-395. - Supplemental provisions and principles of law applicable. Limitations. Restrictions.

The provisions of sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, are supplemented by other applicable statutory provisions and by general principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy and other validating or invalidating cause, unless those provisions or principles are displaced by or inconsistent with the provisions of sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive. Nothing in sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, shall be construed to limit or restrict in any way any rights or remedies which may be available to a lessee or person under any other statutory provisions or under general principles of law and equity.
(P.A. 02-81, S. 6.)
History: P.A. 02-81 effective July 1, 2003.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-396. - Waiver. Agreement to forego rights in settlement of claim.

(a) Except as otherwise permitted by sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, a lessee may waive or agree to forego rights, benefits or remedies under sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, only in settling a dispute or collection claim.
(b) A settlement in which a lessee agrees to forego a right, benefit or remedy under sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, is invalid if the court finds that the settlement was unconscionable when made.
(P.A. 02-81, S. 7.)
History: P.A. 02-81 effective July 1, 2003.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-397. - Limitation on choice of law and venue.

(a) The parties to a consumer lease may not choose the law of a jurisdiction unless it is a jurisdiction in which:
(1) The lessee principally resides when the lease is consummated;
(2) The lessee will principally reside within thirty days after the lease is consummated;
(3) The leased goods are to be used; or
(4) Subject to subsection (b) of this section, the leased goods are physically received by the lessee.
(b) If the law chosen by the parties to a consumer lease under subdivision (4) of subsection (a) of this section is the law of a jurisdiction other than this state and the holder acts or initiates an action in this state to enforce rights arising from the lease against a lessee who is a resident of this state, the following rules apply:
(1) The holder's act or action is subject to sections 42-394, 42-395, 42-396, 42-398, and 42-399 and, except for a disclosure that would have been required by sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, to be made before the holder's act or action, to sections 42-408 to 42-415, inclusive, and 42-418 to 42-423, inclusive.
(2) The holder's act or action is subject to sections 42-424 to 42-431, inclusive, if the holder's act or action violates a provision of sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, made applicable by this subsection.
(c) Notwithstanding any provision in a consumer lease, an action by a holder against a lessee to enforce the holder's rights under the lease must be brought in the venue of the lessee's residence.
(d) Notwithstanding any provision in a consumer lease, a lessee may maintain an action against a holder in any judicial forum that otherwise has jurisdiction over the holder.
(P.A. 02-81, S. 8.)
History: P.A. 02-81 effective July 1, 2003.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-398. - Obligation of good faith.

Every contract subject to, or duty imposed by, sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, imposes an obligation of good faith in its performance or enforcement.
(P.A. 02-81, S. 9.)
History: P.A. 02-81 effective July 1, 2003.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-399. - Unconscionability.

(a) If the court as a matter of law finds that a consumer lease or any provision of the lease was unconscionable when the lease was consummated, the court may refuse to enforce the lease, enforce the remainder of the lease without the unconscionable provision or so limit the application of an unconscionable provision as to avoid an unconscionable result.
(b) If the court as a matter of law finds that a consumer lease or any provision of a consumer lease was induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from the lease, the court may grant appropriate relief.
(c) Before making a finding of unconscionability under subsection (a) or (b) of this section, the court shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose and effect of the consumer lease, the provision or the conduct.
(d) In an action in which the lessee claims unconscionability with respect to a consumer lease, the following rules apply:
(1) If the court finds unconscionability under subsection (a) or (b) of this section, the court shall award reasonable attorney's fees to the lessee.
(2) In determining the reasonableness of attorney's fees, the amount of the recovery on behalf of the claimant under subsection (a) or (b) of this section is not controlling.
(P.A. 02-81, S. 10.)
History: P.A. 02-81 effective July 1, 2003.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-400. - Relation to Electronic Signatures in Global and National Commerce Act.

Sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., except that nothing in sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, modifies, limits, or supersedes Section 7001(c) of said act or authorizes electronic delivery of any of the notices described in Section 7003(b) of said act.
(P.A. 02-81, S. 11.)
History: P.A. 02-81 effective July 1, 2003.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-401. - Advertising.

(a) In this section, “advertisement” means a commercial message in any medium that directly or indirectly promotes a consumer lease.
(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.
(P.A. 02-81, S. 12.)
History: P.A. 02-81 effective July 1, 2003.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 743aa - Consumer Leases › Section 42-402. - Availability of sample lease form.

(a) Before consummation of a consumer lease, a lessor, on request of an individual, shall promptly give a copy or reproduction of its current consumer lease form to the individual at the lessor's place of business. If a lessor contracts with lessees by mail, the lessor shall promptly send, on request by mail, a copy or reproduction of the form by mail. If a lessor contracts with lessees electronically, the lessor shall promptly make available, on electronic request, a copy or reproduction of the form by mail or electronically.
(b) A lessor shall furnish the first copy or reproduction of the current lease form to an individual without charge but may impose a reasonable charge for additional copies or reproductions furnished to the same individual.
(c) If a lessor uses more than one consumer lease form, the lessor satisfies this section by furnishing a form the lessor has reason to believe is pertinent to the type of lease about which the individual has inquired.
(P.A. 02-81, S. 13.)
History: P.A. 02-81 effective July 1, 2003.