Connecticut Deceptive Trade Practices Laws

Title 42, Chapter 735a Section 42-11a et seq cited as CUTPA (Connecticut Unfair Trade Practices Act) includes laws dealing with deceptive trade practices in the state of Connecticut.  According to Section 42-110b of the Unfair Trade Practices Act, no person is allowed to engage in any unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.  The definition of “Trade” and “Commerce” also includes advertising, which means that false advertising is forbidden under Section 42-110b when read together with section 42-110a (definition clause).

Pursuant to Section 42-110g, any person who suffers any loss of money or property as a result of the use or employment of a method prohibited by Section 42-110b, may bring an action in the judicial district in which the Plaintiff or Defendant resides.  Any person suing can recover actual damages.  Pursuant to Section 42-110g (b), any person can bring a class action on behalf of themselves and other persons to recover damages for alleged violations of this Statute.  According to Section 42-110m, the Commissioner, upon reason belief that any person has engaged in an alleged violation of this Chapter, can proceed or may request Attorney General to bring an action in the name of the state of Connecticut to the Superior Court for a temporary or permanent restraining order.

Under Section 42-110o (b), any action brought by any person injured by the alleged violation of any of the provisions of Section 42-110b, can recover a civil penalty of not more than five thousand dollars ($5000) for each violation.

According to Section 14-106b of Chapter 246 (Motor Vehicles), every self-propelled motor vehicle registered in Connecticut State manufactured with an odometer shall at all times while running on the highway be equipped with a properly functioning odometer.  Any person violating the provisions of this section shall be guilty of committing class A misdemeanor.  Tampering with the odometer in order to change the reading is prohibited.

Conn. Gen. Stat. § 42-110a

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(4) “Trade” and “commerce” means the advertising, the sale or rent or lease, the offering for sale or rent or lease, or the distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value in this state.
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Conn. Gen. Stat. § 42-110b

Unfair trade practices prohibited. Legislative intent.
(a) No person shall engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.
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Conn. Gen. Stat. § 42-110g

Action for damages. Class actions. Costs and fees. Equitable relief. Jury trial.
(a) Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment of a method, act or practice prohibited by section 42-110b, may bring an action in the judicial district in which the plaintiff or defendant resides or has his principal place of business or is doing business, to recover actual damages. Proof of public interest or public injury shall not be required in any action brought under this section. The court may, in its discretion, award punitive damages and may provide such equitable relief as it deems necessary or proper.
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Conn. Gen. Stat. § 42-110m

Restraining orders or injunctions. Relief.
(a) Whenever the commissioner has reason to believe that any person has been engaged or is engaged in an alleged violation of any provision of this chapter said commissioner may proceed as provided in sections 42-110d and 42-110e or may request the Attorney General to apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining the continuance of such act or acts or for an order directing restitution and the appointment of a receiver in appropriate instances, or both. Proof of public interest or public injury shall not be required in any action brought pursuant to section 42-110d, section 42-110e or this section. The court may award the relief applied for or so much as it may deem proper including reasonable attorney’s fees, accounting and such other relief as may be granted in equity. In such action the commissioner shall be responsible for all necessary investigative support.
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Conn. Gen. Stat. § 42-110o

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(b) In any action brought under section 42-110m, if the court finds that a person is wilfully using or has wilfully used a method, act or practice prohibited by section 42-110b, the Attorney General, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars for each violation. For purposes of this subsection, a wilful violation occurs when the party committing the violation knew or should have known that his conduct was a violation of section 42-110b.
Conn. Gen. Stat. § 14-106b
Sec. 14-106b. Properly functioning odometer required. Tampering with odometer prohibited.
(a) Each self-propelled motor vehicle registered in this state designed and manufactured with an odometer shall at all times while operating on the highway be equipped with a properly functioning odometer. Any person who violates any provision of this section shall be issued a warning for defective equipment under the provisions of subsection (c) of section 14-103.
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(b) No person or his agent shall remove, turn back or change the reading on the odometer of any motor vehicle required under the provisions of subsection (a) of this section or subsection (a) of section 14-106a to be equipped with an odometer except in connection with the repair of such odometer either while installed in or removed from such motor vehicle and unless such person is licensed as a new dealer, used dealer or general or limited repairer pursuant to section 14-52. Each odometer repaired and each new or used odometer installed in any motor vehicle required to be equipped with an odometer shall display mileage at least equal to the mileage displayed by the odometer in such motor vehicle immediately prior to such repair or replacement.


Inside Connecticut Deceptive Trade Practices Laws