reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-126. - Sale of merchandise with trading stamps, coupons or other similar devices.

Section 42-126 is repealed.
(1949 Rev., S. 6727; 1959, P.A. 528, S. 9.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-126c. - Disclosure requirements for mail order businesses in advertising or promotional materials.

Each person or business entity conducting a mail order or catalog business in or from this state or advertising a Connecticut mailing address shall disclose the legal name of such person or entity and the complete street address of the location from which such business is actually conducted in all of its advertising or promotional materials. Failure to comply with the provisions of this section shall be deemed to be an unfair or deceptive trade practice under subsection (a) of section 42-110b. The provisions of this section shall not apply to a mail order book or record business and the provision of this section requiring disclosure of the complete street address of the location from which business is conducted shall not apply to a business which is located in Connecticut and which is registered with the Secretary of the State under any applicable provision of law.
(P.A. 82-418, S. 1, 4; P.A. 83-158, S. 1.)
History: P.A. 83-158 amended section to exempt businesses located in Connecticut and registered with the secretary of the state from required disclosure of street address.
Cited. 231 C. 707.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-127b. - Licensing of persons in business on October 1, 1971.

Section 42-127b is repealed, effective January 1, 1995.
(1971, P.A. 539, S. 13; P.A. 94-122, S. 339, 340.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-132 and 42-133. - Application in case of pretended purchase or assignment. Penalty.

Sections 42-132 and 42-133 are repealed.
(1953, S. 3315d, 3316d; 1961, P.A. 517, S. 78; 1971, P.A. 539, S. 14.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133b. - Forfeiture of consumer credit charges on failure to respond to debtor's inquiry. Liability for damages if amount in error.

Section 42-133b is repealed.
(1971, P.A. 774; P.A. 73-384, S. 1; P.A. 76-169, S. 16.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133d. - Annual statement of interest imposed and paid under open-end credit plan.

The creditor of any account under an open-end credit plan, as defined in 15 USC 1602, as amended from time to time, on which interest aggregating ten dollars or more has been imposed in any calendar year, shall furnish to the obligor of such account, on or before January thirty-first of the following year, a statement of the interest charges so imposed and the aggregate amount paid by such obligor.
(1972, P.A. 17, S. 1; P.A. 73-362, S. 1, 2; P.A. 88-65, S. 57; P.A. 92-12, S. 107; P.A. 15-235, S. 15.)
History: P.A. 73-362 added Subsec. (b); P.A. 88-65 deleted obsolete Subsec. (b) which provided that the first statement of interest was due on January 31, 1974; P.A. 92-12 made a technical change; P.A. 15-235 replaced reference to Sec. 36a-676(a)(8) with reference to 15 USC 1602, effective August 1, 2015.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133g. - Action for violation. Right to occupy franchise premises where lease expires upon termination of franchise. Items filed with court by franchisor seeking possession of franchise premises.

(a) Any franchisee may bring an action for violation of sections 42-133e to 42-133g, inclusive, in the Superior Court to recover damages sustained by reason of such violation, which action shall be privileged in respect to its assignment for trial and, where appropriate, may apply for injunctive relief as provided in chapter 916. Such franchisee, if successful, shall be entitled to costs, including, but not limited to, reasonable attorneys' fees.
(b) A franchisee who leases real property under a franchise agreement, which lease expires upon termination of the franchise, and who receives notice from the franchisor in accordance with the provisions of subsections (a) and (b) of section 42-133f that such franchise is terminated, shall have no right or privilege to occupy the premises which are the subject of such lease, as of the date specified in such notice for the termination of such franchise, unless such franchisee is granted a temporary injunction in accordance with the provisions of chapter 916.
(c) A franchisor who applies to a court to obtain possession of premises leased by the franchisor to the franchisee upon termination of the franchise, which premises the franchisee has no right or privilege to occupy under subsection (b) of this section, shall file with the court from which it seeks the order of possession: (1) An affidavit under oath from the clerk of such court, which affidavit shall state that the court records indicate that no temporary injunction has been granted to the franchisee, (2) the return of service of the notice required pursuant to subsection (b) of this section, (3) a copy of the notice served pursuant to subsection (b) of this section, and (4) an affidavit under oath, which affidavit shall state that the notice required by subsections (a) and (b) of section 42-133f, has been served, that the notice period required by said section has expired, and that no injunction to restrain termination has been issued.
(1972, P.A. 287, S. 3; P.A. 75-560, S. 2; P.A. 86-238, S. 2.)
History: P.A. 75-560 granted actions to recover damages privileged status in respect to assignment for trial; P.A. 86-238 added Subsecs. (b) and (c) providing that a franchisee who receives valid notice of the termination of a franchise and whose lease expires along with the franchise, has no right or privilege to occupy the franchise property, and requiring the franchisor to file certain items with the court when applying for possession of such property.
See Sec. 42-133h re applicability of section.
Cited. 179 C. 471.
Cited. 1 CA 439.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133h. - Applicability of sections 42-133e to 42-133g, inclusive.

Sections 42-133e to 42-133g, inclusive, shall take effect October 1, 1972, and shall apply only to franchise agreements entered into, renewed or amended on or after that date, the performance of which contemplates or requires the franchisee to establish or maintain a place of business in this state.
(1972, P.A. 287, S. 4; P.A. 85-493, S. 2.)
History: P.A. 85-493 provided that Secs. 42-133e to 42-133g, inclusive, apply to franchise agreements “the performance of which contemplates or requires the franchisee to establish or maintain a place of business in this state”.
Cited. 179 C. 471.
Cited. 1 CA 439.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133i. - Notice of expiration date of magazine subscription. Magazine subscription offer in the form of an invoice or bill. Unfair trade practice.

(a) Any publisher, distributor, dealer or seller of magazines on a subscription basis in this state shall include (1) on the mailing label and (2) in any notice to renew given to a subscription holder, the expiration date of the current subscription.
(b) Any publisher, distributor, dealer or seller of magazines on a subscription basis that mails or otherwise furnishes to any consumer in this state any written offer or solicitation for the sale of a magazine subscription, where such written offer or solicitation purports to be an invoice or a bill and is received by the consumer at any time prior to acceptance of such subscription by the consumer, shall include in such written offer or solicitation clear and conspicuous language indicating that such written offer or solicitation is not an invoice or a bill.
(c) A violation of any provision of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
(P.A. 73-398; P.A. 98-109, S. 2.)
History: P.A. 98-109 designated existing provisions as Subsec. (a), deleted fine provision and made a technical change, added new Subsec. (b) re magazine subscription offers in the form of an invoice or bill, and added new Subsec. (c) re unfair trade practice.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133k. - Definitions.

For the purposes of sections 42-133j to 42-133n, inclusive:
(1) “Franchise” means any contract (A) between a refiner and a distributor; (B) between a refiner and a retailer; (C) between a distributor and another distributor; or (D) between a distributor and a retailer, under which a refiner or distributor, as the case may be, authorizes or permits a retailer or distributor to use, in connection with the sale, consignment, or distribution of motor fuel, a trademark which is owned or controlled by such refiner or by a refiner which supplies motor fuel to the distributor which authorizes or permits such use.
(2) “Franchise” includes (A) any contract under which a retailer or distributor, as the case may be, is authorized or permitted to occupy leased marketing premises, which premises are to be employed in connection with the sale, consignment, or distribution of motor fuel under a trademark which is owned or controlled by such refiner or by a refiner which supplies motor fuel to the distributor which authorizes or permits such occupancy; (B) any contract pertaining to the supply of motor fuel which is to be sold, consigned or distributed (i) under a trademark owned or controlled by a refiner; or (ii) under a contract which has existed continuously since May 15, 1973, and pursuant to which, on May 15, 1973, motor fuel was sold, consigned or distributed under a trademark owned or controlled on such date by a refiner; and (iii) the unexpired portion of any franchise, as defined by the preceding provisions of this paragraph, which is transferred or assigned as authorized by the provisions of such franchise or by any applicable provision of state law which permits such transfer or assignment without regard to any provision of the franchise.
(3) “Franchise relationship” means the respective motor fuel marketing or distribution obligations and responsibilities of a franchisor and a franchisee which result from the marketing of motor fuel under a franchise.
(4) “Franchisor” means a refiner or distributor, as the case may be, who authorizes or permits, under a franchise, a retailer or distributor to use a trademark in connection with the sale, consignment, or distribution of motor fuel.
(5) “Franchisee” means a retailer or distributor, as the case may be, who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of motor fuel.
(P.A. 77-493, S. 2; P.A. 91-195.)
History: P.A. 91-195 replaced the previous definitions with the definitions in the Federal Petroleum Marketing Practices Act, 15 U.S.C. 2801.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133m. - Assignment of franchise. Automatic termination.

(a) A term in any franchise agreement between a franchisor and a franchisee which prohibits the voluntary assignment of the franchise to which they are parties, or which requires the franchisor's consent to such assignment, is ineffective and void as contrary to public policy unless such term provides that consent may be or is reasonably withheld. Reasonable withholding of consent includes, but is not limited to: (1) Material and substantial change of the other party's duties; (2) material and substantial increase of the other party's contractual burden of risk; (3) material and substantial impairment of the other party's opportunity to obtain return performance.
(b) A term in any franchise agreement between a franchisor and franchisee which provides for the termination of the franchise to which they are parties upon the death of the franchisee is ineffective and void as contrary to public policy. If the franchisee at the time of death held an interest in a franchise, such interest may be passed by will or by intestacy to his spouse or child, or may be disposed of by his estate. The right of first refusal of such sale shall be granted to the franchisor. In the event of such disposition and for the purpose of avoiding or preventing such disposition, the franchisor shall be required to show that said disposition will materially and substantially prejudice such franchisor's rights under the terms of the then existing franchise agreement, as set forth in subsection (a) of this section.
(P.A. 77-493, S. 4.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133n. - Remedies. Effect of judgment. Limitation of actions.

(a) Any franchisee may bring an action for violation of sections 42-133l or 42-133m in the Superior Court to recover damages sustained by reason of such violation, which action shall be privileged in respect to its assignment for trial and, where appropriate, may apply for injunctive relief as provided in chapter 916. Such franchisee, if successful, shall be entitled to costs, including, but not limited to, reasonable attorneys' fees.
(b) A final judgment, order or decree heretofore or hereafter rendered against a franchisor, in any civil, criminal or administrative proceeding under any federal or state act relating to antitrust laws or to franchising, or sections 42-133j to 42-133n, inclusive, shall be regarded as and may be introduced as evidence against such franchisor in any action brought by any party against such franchisor under subsection (a) of this section.
(c) The pendency of any civil, criminal or administrative proceeding against a franchisor, its agents or representatives, brought by federal or state authorities or any of their respective agencies under any federal or state act relating to antitrust laws or to franchising, or under section 42-133
l
or 42-133m, shall toll the limitation of any civil action brought under sections 42-133j to 42-133n, inclusive, if the action hereunder is then instituted within one year after the final judgment or order in such proceedings, provided such limitation of actions shall in any case toll the law as long as there is actual concealment on the part of any franchisor, its agents or representatives.
(P.A. 77-493, S. 5; P.A. 06-196, S. 270.)
History: P.A. 06-196 made technical changes in Subsec. (c), effective June 7, 2006.
Subsec. (a) merely secures the right of a franchisee to bring an action for violations of the Connecticut Petroleum Product Franchise Act, it says nothing of a franchisee's right to have that action decided by a jury rather than a judge. 176 CA 461.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133q. - Motor homes dealer, manufacturer or distributor: Applicable provisions of Secs. 42-133r to 42-133ee.

With respect to a dealer, manufacturer or distributor, as defined in section 42-133r, of motor homes, as defined in section 14-1, the provisions of sections 42-133r to 42-133ee, inclusive, applicable to any such dealer, manufacturer or distributor shall be the provisions of said sections 42-133r to 42-133ee, inclusive, in effect on January 1, 2009.
(P.A. 09-187, S. 61.)
History: P.A. 09-187 effective July 8, 2009.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133t. - Liability of manufacturers and distributors for damages. Allocation of risk of loss.

(a) Notwithstanding the terms, provisions or conditions of any agreement or franchise, manufacturers or distributors shall be liable for all damages to motor vehicles which occur prior to delivery to a carrier or transporter.
(b) If a dealer chooses the method of transportation, the risk of loss passes to the dealer upon delivery of the vehicle to the carrier.
(c) Except as provided in subsection (b) of this section, risk of loss remains with the manufacturer or distributor until such time as the dealer or his designee accepts the vehicle from the carrier.
(P.A. 82-445, S. 3, 15; P.A. 83-198, S. 3, 11.)
History: P.A. 83-198 applied provisions to distributors.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133u. - Manufacturers or dealers to indemnify franchised dealers.

Notwithstanding the terms of any franchise agreement, each manufacturer or distributor shall indemnify and hold harmless its franchised dealers against any judgment for damages, including, but not limited to, court costs and reasonable attorneys' fees of the dealer, arising out of complaints, claims or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, express or implied warranty or rescission of sale to the extent that the judgment relates to alleged defective or negligent manufacture, assembly or design of motor vehicles, parts or accessories or other functions by the manufacturer or distributor, which are beyond the control of the dealer.
(P.A. 82-445, S. 4, 15; P.A. 83-198, S. 4, 11.)
History: P.A. 83-198 made distributors subject to the provisions of this section.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133y. - Succession to ownership interest in dealership by family member upon owner's death or incapacity.

(a) Any owner may appoint by will, or other written instrument, a designated family member to succeed in the ownership interest of the owner in the dealer.
(b) Unless good cause exists for refusal to honor the succession on the part of the manufacturer or distributor, any designated family member of a deceased or incapacitated owner of a dealer may succeed to the ownership of the dealer under the existing franchise if: (1) The designated family member gives the manufacturer or distributor written notice of his or her intention to succeed to the ownership of the dealer within sixty days of the owner's death or incapacity, and (2) the designated family member agrees to be bound by all the terms and conditions of the franchise.
(c) The manufacturer or distributor may request, and the designated family member shall provide, promptly upon such request, personal and financial data reasonably necessary to determine whether the succession should be honored.
(P.A. 82-445, S. 8, 15.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133z. - Refusal to honor succession by family member. Notice.

(a) If a manufacturer or distributor believes that good cause exists for refusing to honor the succession by a family member of a deceased or incapacitated owner under the existing franchise agreement, the manufacturer or distributor may, not more than sixty days following receipt of notice of the designated family member's intent to succeed and receipt of such personal or financial data, serve upon the designated family member notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer not earlier than ninety days from the date such notice is served.
(b) The notice must state the specific grounds for the refusal to honor the succession.
(c) If notice of refusal and discontinuance is not timely served upon the family member, the franchise shall continue.
(P.A. 82-445, S. 9, 15.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133aa. - Burden of proof for succession refusal on manufacturer or distributor.

In determining whether good cause for the refusal to honor the succession exists, the manufacturer or distributor has the burden of proving that the successor is not of good moral character or does not meet the franchisor's existing and reasonable standards and uniformly applied minimum business experience standards in the market area. The provisions of sections 42-133y, 42-133z and this section do not preclude a new motor vehicle dealer from designating any person as his successor by written instrument filed with the manufacturer or distributor and in the event there is a conflict between such written instrument and the provisions of these sections, the written instrument shall govern.
(P.A. 82-445, S. 10, 15; P.A. 83-198, S. 7, 11.)
History: P.A. 83-198 applied provisions to distributors.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133ee. - Civil action for injunction and damages.

Notwithstanding the terms, provisions or conditions of any agreement or franchise or the terms or provisions of any waiver, any consumer who is injured by a violation of sections 42-133r to 42-133ee, inclusive, or any party to a franchise who is so injured in his business or property by a violation of said sections relating to that franchise, or any person so injured because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of said sections, may bring a civil action in the Superior Court to enjoin further violations, and to recover the actual damages sustained by him together with the cost of the suit, including a reasonable attorney's fee.
(P.A. 82-445, S. 14, 15.)
Cited. 10 CA 22.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133gg. - Sale or transfer of names of credit cardholders.

(a) Except as provided in subsection (b) of this section, no financial institution located in this state issuing credit cards in this state shall sell or transfer the names of any of its credit cardholders to any person or entity seeking such names for the purpose of soliciting such cardholders.
(b) Nothing in this section shall prohibit any financial institution from:
(1) Selling or transferring the names of any of its credit cardholders: (A) As part of the sale, transfer or pledge of some or all of the credit card issuer's credit card accounts or credit card business; or (B) to a direct or indirect subsidiary of the issuer, a direct or indirect parent of the issuer, or to another subsidiary of a common direct or indirect parent of the issuer;
(2) Transferring the names of any of its credit cardholders to persons or entities providing credit card account processing services, billing services, fraud prevention services, charge-back services, credit reporting services, debt collection services or other account-related services;
(3) Providing the names of any of its credit cardholders to any person that: (A) Provides the issuer with a list of potential customers containing such cardholder's name, if the cardholder obtained his or her credit card as the result of the issuer's use of such list in its solicitation efforts; (B) assisted the issuer in attracting, soliciting or persuading such cardholder to apply for or to accept a credit card issued by the issuer; or (C) was a party to a transaction involving the cardholder's credit card;
(4) Transferring the names of any of its credit cardholders to persons engaged by the credit card issuer to offer its cardholders products or services, provided such person agrees in writing: (A) To keep such names confidential; and (B) to only use such names for the purpose of offering such products or services; or
(5) Transferring or selling the names of any of its credit cardholders to any person or entity, with the permission of such cardholders.
(P.A. 89-264, S. 3; P.A. 96-15, S. 1, 2.)
History: P.A. 96-15 amended Subsec. (a) and added Subsec. (b) to let financial institutions sell or transfer the names of credit cardholders subject to prescribed conditions, effective April 29, 1996.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133hh. - Restriction on information that may be printed on credit and debit card receipts.

(a) For the purposes of this section, “person” means any individual, firm, partnership, association, corporation, limited liability company, organization or other entity, but does not include the state or any political subdivision of the state, or any agency thereof.
(b) On and after January 1, 2005, no person who accepts credit cards or debit cards for the transaction of business may print on a receipt provided to the cardholder (1) more than the last five digits of the credit card or debit card account number, or (2) the expiration date of the credit card or debit card.
(c) The provisions of subsection (b) of this section apply only to receipts that are electronically printed and do not apply to transactions in which the sole means of recording the cardholder's credit card or debit card account number is by handwriting or by an imprint or copy of the credit card or debit card.
(d) Any person who wilfully violates the provisions of subsection (b) of this section shall be fined not more than one hundred dollars for a first offense and not more than five hundred dollars for a second offense, and shall be fined not more than one thousand dollars or be imprisoned not more than six months, or both, for each subsequent offense.
(P.A. 03-156, S. 12.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions › Section 42-133ii. - Hold on credit or debit card account for the retail sale of gasoline.

No gas station or convenience store that accepts credit or debit cards for the retail sale of gasoline shall place or allow a third party to place a hold on any credit or debit card account in an amount larger than the actual purchase amount for the gasoline without providing notice in conspicuous type and proximate to the point of payment prior to the consumer's purchase.
(P.A. 16-50, S. 1.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 740 - Home Solicitation Sales Act › Section 42-135. - Notice in sales agreement. Seller to complete prior to signing by buyer.

Section 42-135 is repealed.
(1967, P.A. 749, S. 3; 1969, P.A. 178, S. 1; 1972, P.A. 141; P.A. 76-165, S. 7, 8.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 740 - Home Solicitation Sales Act › Section 42-136. - Note or evidence of indebtedness given by buyer.

(a) Any note or other evidence of indebtedness given by a buyer in respect of a home solicitation sale shall be dated not earlier than the date of the agreement or offer to purchase. Any transfer of a note or other evidence of indebtedness bearing the statement required by subsection (b) of this section shall be deemed an assignment only and any right, title or interest which the transferee may acquire thereby shall be subject to all claims and defenses of the buyer against the seller arising under the provisions of this chapter.
(b) Each note or other evidence of indebtedness given by a buyer in respect of a home solicitation sale shall bear on its face a conspicuous statement as follows: THIS INSTRUMENT IS BASED UPON A HOME SOLICITATION SALE, WHICH SALE IS SUBJECT TO THE PROVISIONS OF THE HOME SOLICITATION SALES ACT. THIS INSTRUMENT IS NOT NEGOTIABLE.
(c) Compliance with the requirements of this section shall be a condition precedent to any right of action by the seller or any transferee of an instrument bearing the statement required under subsection (b) of this section against the buyer upon such instrument and shall be pleaded and proved by any person who may institute action or suit against a buyer in respect thereof.
(d) A promissory note payable to order or bearer and otherwise negotiable in form issued in violation of this section may be enforced as a negotiable instrument by a holder in due course according to its terms.
(1967, P.A. 749, S. 5.)
Cited. 36 CS 213. Section does not require any specific size or boldness of type, indicating legislature did not establish any precise formula that would render a statement conspicuous. Id., 506.
Note made as evidence of indebtedness under a home solicitation sale contract was subject to defenses on the contract, hence when the contract was declared void, the note was uncollectible; transfer of note given by buyer in a home solicitation sale deemed an assignment; any rights, title or interest acquired by transferee are subject to all claims or defenses buyer may have against seller arising under the provisions of the act. 6 Conn. Cir. Ct. 745.
Subsec. (a):
Postdating of note not proscribed. 36 CS 506, 509.
Subsec. (b):
A conditional sales contract was not a “note or other evidence of indebtedness” and therefore notice requirements of statute were inapplicable. 36 CS 213. Language not subject to Uniform Commercial Code. Id., 506.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 740 - Home Solicitation Sales Act › Section 42-137. - Cancellation rights of buyer.

(a) In addition to any right otherwise to revoke an offer, the buyer may cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement subject to the provisions of this chapter.
(b) Cancellation shall occur when the buyer gives written notice of cancellation to the seller at the address specified for notice of cancellation provided by the seller or when such written notice bearing such address is deposited in a mail box.
(c) Notice of cancellation given by the buyer shall be effective if it indicates the intention on the part of the buyer not to be bound by the home solicitation sale.
(1967, P.A. 749, S. 2; 1969, P.A. 178, S. 2; P.A. 76-165, S. 3, 8.)
History: 1969 act changed deadline for buyer's cancellation from midnight of first day after signing agreement to midnight of third day and in exception re weekends changed deadline from midnight Monday to midnight Wednesday; P.A. 76-165 based deadline on “business” day rather than “calendar” days and deleted exception re weekend sales rendered obsolete by the change.
Cited. 158 C. 543.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 740 - Home Solicitation Sales Act › Section 42-138. - Seller's obligations on cancellation.

(a) Except as provided in this section, within ten business days after a home solicitation sale has been cancelled the seller shall tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(b) If the down payment includes goods traded in, the goods shall be tendered in substantially as good condition as when received. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
(c) Until the seller has complied with the obligations imposed by this section the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods for any recovery to which he is entitled.
(1967, P.A. 749, S. 4; P.A. 76-165, S. 4, 8.)
History: P.A. 76-165 deleted former Subsec. (c) which had allowed seller to retain cancellation fee consisting of the lesser of 5% of cash price, $15 or amount of cash down payment and had specified situations in which seller was not allowed to retain the fee, relettering Subsec. (d) accordingly.
Cited. 6 Conn. Cir. Ct. 745.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 740 - Home Solicitation Sales Act › Section 42-139. - Buyer's obligations on cancellation.

(a) Except as provided in subsection (c) of section 42-138, within twenty days after a home solicitation sale has been cancelled the buyer, upon demand, shall tender to the seller any goods delivered by the seller pursuant to the sale, but he is not obligated to tender at any place other than his own address. If the seller fails to take possession of such goods within twenty days after cancellation the goods shall become the property of the buyer without obligation to pay for them.
(b) The buyer shall take reasonable care of the goods in his possession both prior to cancellation and during the twenty-day period following. During the twenty-day period after cancellation, except for the buyer's duty of care, the goods are at the seller's risk.
(c) If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation. If the seller's services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was in at the time the services were rendered.
(1967, P.A. 749, S. 6; P.A. 76-165, S. 5, 8.)
History: P.A. 76-165 substituted Subsec. “(c)” for “(d)” of Sec. 42-138 to reflect deletion of former Subsec. (c) and subsequent relettering of (d).
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 740 - Home Solicitation Sales Act › Section 42-140. - Offer of commission or rebate where buyer provides prospective purchasers' names illegal, when.

No seller in a home solicitation sale shall offer to pay a commission or give a rebate or discount to the buyer in consideration of the buyer's giving to the seller the names of prospective purchasers or otherwise aiding the seller in making a sale to another person, if the earning of the commission, rebate or discount is contingent upon an event subsequent to the time the buyer agrees to buy.
(1967, P.A. 749, S. 7.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 740 - Home Solicitation Sales Act › Section 42-141. - Penalty. Violation made unfair or deceptive practice or act.

(a) Any person who violates any provision of this chapter shall be guilty of a class C misdemeanor. Any sale made in respect to which a commission, rebate or discount is offered in violation of the provisions of this chapter shall be voidable at the option of the buyer.
(b) Violation of any of the provisions of sections 42-135a, or 42-137 to 42-139, inclusive, or failure to honor any provisions of the notice of cancellation required by this chapter shall constitute an unfair or deceptive act or practice as defined by section 42-110b.
(1967, P.A. 749, S. 8; P.A. 76-165, S. 6, 8; P.A. 12-80, S. 184.)
History: P.A. 76-165 added Subsec. (b); P.A. 12-80 amended Subsec. (a) to change penalty from a fine of not more than $500 or imprisonment of not more than 90 days or both to a class C misdemeanor.
Cited. 231 C. 707.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 741 - Contingent Transactions › Section 42-144. - Definitions.

As used in this chapter:
(a) “Advertisement” includes the attempt by publication, dissemination, solicitation or circulation, written or oral, to induce directly or indirectly, any person to enter into any obligation or acquire any title or interest in any merchandise;
(b) “Merchandise” includes any objects, wares, goods, commodities, intangibles, securities, bonds, debentures, stocks, real estate or services;
(c) “Services” includes any supply of accommodations, work, repair or other needs, instruction or education, including any type of training course in any field such as personality improvement, self motivation, salesmanship and similar fields;
(d) “Rights or privileges” includes the right or privilege to market, distribute, wholesale or retail, merchandise or services or to procure others to do so;
(e) “Procure” includes obtaining, providing, inducing, suggesting, soliciting, recruiting, training, supervising, advancing in position, or aiding or abetting any of the activities specified in this subsection;
(f) “Person” includes any natural person, or his legal representative, partnership, limited liability company, corporation, whether domestic or foreign, company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof;
(g) “Sale” includes any sale, offer of sale or attempt to sell any merchandise, services, or rights or privileges for any consideration, or aiding or abetting any of the activities specified in this section;
(h) “Trade and commerce” means the advertising, offering for sale, sale or distribution of services and property, tangible or intangible, and any other article, commodity or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this state;
(i) “Commissioner” means the Commissioner of Consumer Protection.
(P.A. 73-493, S. 1; P.A. 95-79, S. 164, 189; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; 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 741 - Contingent Transactions › Section 42-145. - Contingent consideration void.

The advertisement for sale, lease or rent, or the actual sale, lease or rental of any merchandise, service or rights or privileges at a price or with a rebate or payment or other consideration to the purchaser which is contingent upon the procurement of prospective customers procured by the purchaser, or the procurement of sales, leases or rentals of merchandise, services, rights or privileges, to other persons procured by the purchaser, is declared to be an unlawful practice rendering any obligation incurred by the buyer in connection therewith, completely void and a nullity. The rights and obligations of any contract relating to such contingent price, rebate or payment shall be interdependent and inseverable from the rights and obligations relating to the sale, lease or rental.
(P.A. 73-493, S. 2.)
Cited. 241 C. 278.
Statute prohibits both “horizontal” and “vertical” pyramiding. 32 CS 279. Cited. 44 CS 569.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 741 - Contingent Transactions › Section 42-147. - Conciliation and voluntary compliance.

In the administration of this chapter, the commissioner shall set up prehearing conciliation procedures and 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 provide for restitution to aggrieved persons. Any such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. Matters thus closed may at any time be reopened by the Attorney General or commissioner for further proceedings in the public interest.
(P.A. 73-493, S. 5.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 741 - Contingent Transactions › Section 42-148. - Judicial enforcement.

Whenever the commissioner has reason to believe that any person has been engaged or is engaged in any act or acts prohibited by this chapter, said commissioner may proceed as provided in section 42-147 or 42-150 or may request the Attorney General to apply in the name of the state of Connecticut to the Superior Court for any order enjoining the continuance of such act or acts, on a temporary or permanent basis, or of any fraudulent or illegal acts, or for an order directing restitution in appropriate instances, or both. The court may award the relief applied for or so much as it may deem proper including accounting and such other relief as may be granted in equity. In such action the commissioner shall be responsible for all necessary investigative support.
(P.A. 73-493, S. 3.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 741 - Contingent Transactions › Section 42-149. - Injunctive relief, costs, other remedies.

(a) A person likely to be damaged by any practice of another prohibited by this chapter may be granted an injunction enjoining such practice under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits, competition, actual confusion or misunderstanding or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.
(b) Costs or attorneys' fees may be assessed against a defendant if the court finds that he was wilfully engaged in a deceptive trade practice.
(c) The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state.
(P.A. 73-493, S. 7.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 741 - Contingent Transactions › Section 42-150. - Powers granted under chapter not exclusive.

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. 73-493, S. 6.)
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 741d - Attorney's Fee Clauses › Section 42-150aa. - Attorney's fees limited in actions on consumer contracts or leases.

(a) The holder of any contract or lease entered into on or after October 1, 1979, the subject of which is money, property or services intended to be used primarily for personal, family or household purposes and which contains a provision for payment of attorney's fees of a creditor, seller or lessor, shall not receive, claim or collect any payment for attorney's fees (1) for an attorney who is a salaried employee of such holder or (2) prior to the commencement of a lawsuit.
(b) If a lawsuit in which money damages are claimed is commenced by an attorney who is not a salaried employee of the holder of a contract or lease subject to the provisions of this section, such holder may receive or collect attorney's fees, if not otherwise prohibited by law, of not more than fifteen per cent of the amount of any judgment which is entered.
(P.A. 79-452, S. 1, 2; P.A. 82-274, S. 2.)
History: P.A. 82-274 amended Subsec. (b) by specifying that the lawsuit be one in which money damages are claimed.
Cited. 186 C. 275; 232 C. 666; 240 C. 58.
Cited. 14 CA 161; 18 CA 329; 31 CA 455.
Subsec. (b):
In action to foreclose mechanic's lien, plaintiff is not entitled to duplicate attorney's fees under this section and Sec. 52-249 but rather may collect under this section for contract aspects of action and under Sec. 52-249 for equitable relief. 86 CA 767.
2023 Connecticut General Statutes › Title 42 - Business, Selling, Trading and Collection Practices › Chapter 742 - Consumer Contracts › Section 42-151. - Definitions.

The following definitions shall apply in this chapter:
(a)
Consumer.
A “consumer” is an individual who borrows, leases, buys or obtains money, property or services under a written agreement.
(b)
Consumer contract.
A written agreement is a “consumer contract,” if:
(1) A consumer enters into the agreement primarily for personal, family or household purposes; and
(2) The agreement is one in which the consumer: (A) Borrows up to twenty-five thousand dollars or receives up to twenty-five thousand dollars in credit from a person who lends money or extends credit in the ordinary course of business; or (B) agrees to pay up to twenty-five thousand dollars to buy or lease personal property or services from a person who is acting in the ordinary course of business; or (C) leases any residential dwelling.
(P.A. 79-532, S. 1.)
Cited. 240 C. 58.
Cited. 18 CA 329.