2005 Connecticut Code - Sec. 42-110g. Action for damages. Class actions. Costs and fees. Equitable relief. Jury trial.

      Sec. 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.

      (b) Persons entitled to bring an action under subsection (a) of this section may, pursuant to rules established by the judges of the Superior Court, bring a class action on behalf of themselves and other persons similarly situated who are residents of this state or injured in this state to recover damages.

      (c) Upon commencement of any action brought under subsection (a) of this section, the plaintiff shall mail a copy of the complaint to the Attorney General and the Commissioner of Consumer Protection and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General and the Commissioner of Consumer Protection.

      (d) In any action brought by a person under this section, the court may award, to the plaintiff, in addition to the relief provided in this section, costs and reasonable attorneys' fees based on the work reasonably performed by an attorney and not on the amount of recovery. In a class action in which there is no monetary recovery, but other relief is granted on behalf of a class, the court may award, to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorneys' fees. In any action brought under this section, the court may, in its discretion, order, in addition to damages or in lieu of damages, injunctive or other equitable relief.

      (e) Any final order issued by the Department of Consumer Protection and any permanent injunction, final judgment or final order of the court made under section 42-110d, 42-110m, 42-110o or 42-110p shall be prima facie evidence in an action brought under this section that the respondent or defendant used or employed a method, act or practice prohibited by section 42-110b, provided this section shall not apply to consent orders or judgments entered before any testimony has been taken.

      (f) An action under this section may not be brought more than three years after the occurrence of a violation of this chapter.

      (g) In any action brought by a person under this section there shall be a right to a jury trial except with respect to the award of punitive damages under subsection (a) of this section or the award of costs, reasonable attorneys' fees and injunctive or other equitable relief under subsection (d) of this section.

      (P.A. 73-615, S. 7, 16; P.A. 74-183, S. 174, 291; P.A. 75-618, S. 5, 11; P.A. 76-303, S. 3, 4; P.A. 78-280, S. 2, 127; 78-346, S. 2; P.A. 79-210, S. 1; P.A. 84-468, S. 2, 10; P.A. 95-123, S. 1, 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 74-183 deleted reference to bringing action in circuit court in Subsec. (a); P.A. 75-618 rephrased Subsec. (a), rephrased Subsec. (d) re class actions, replacing proviso which had stated that in class action where there is monetary recovery on behalf of class attorney fees are to be awarded out of the recovery, required that action be brought within three, rather than two, years in Subsec. (f) and deleted Subsec. (g) re notice to supplier as requirement for bringing action; P.A. 76-303 specified that costs and attorney fees may be awarded the plaintiff where previously award could be made "to either party"; P.A. 78-280 replaced "county" with "judicial district" in Subsec. (a); P.A. 78-346 specified applicability of provisions to person who "rents or leases property"; P.A. 79-210 rephrased provision re applicability in Subsec. (a) and substituted "plaintiff or defendant" for "seller or lessor", required that plaintiff rather than clerk of court mail copy of complaint in Subsec. (c), added "in lieu of damages" in Subsec. (d) and added reference to Secs. 42-110m, 42-110o and 42-110p and "defendant" in Subsec. (e); P.A. 84-468 provided that no proof of public interest or injury is required in an action brought under this section and that such action be brought pursuant to rules established by the judges of the superior court rather than pursuant to Sec. 42-110h; P.A. 95-123 amended Subsec. (c) to require the plaintiff to mail a copy of the complaint and any judgment or decree to the Commissioner of Consumer Protection and added Subsec. (g) re a right to a jury trial, effective October 1, 1995, and applicable to all actions pending on said date except actions that were assigned for trial prior to said date; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department 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.

      Cited. 186 C. 507, 520. Cited. 190 C. 528, 540. Plaintiffs have burden of proving actual damages. 191 C. 484, 494, 495. Cited. 192 C. 558, 565-567. Cited. 200 C. 172, 176. Cited. 203 C. 475, 482. Cited. 204 C. 17, 24. Cited. 221 C. 674, 680, 685. Cited. 223 C. 80, 114. Cited. 224 C. 231, 234. Cited. 225 C. 705, 722, 724, 729. Cited. 228 C. 574, 581. Cited. 229 C. 842, 845. Cited. 230 C. 148, 150. Cited. Id., 486, 517. Cited. 232 C. 480, 495. Cited. Id., 527, 531. Cited. 235 C. 1, 3. Cited. 241 C. 278. Cited. Id., 630. Section permits recovery of actual damages, attorney's fees and punitive damages for violations of CUTPA. 245 C. 1. Pursuant to Connecticut Practice Book, unresolved issue of attorney's fees does not prevent a judgment on the merits from being final and immediately appealable. Id., 495. Professional malpractice does not give rise to a cause of action under CUTPA. 247 C. 48. Section can be reasonably reconciled with provisions of Sec. 52-212a. 249 C. 94. Plaintiff who purchased computer with preinstalled software from a retailer cannot recover from software manufacturer because plaintiff's claimed injuries are too indirect and remote from the manufacturer's allegedly anticompetitive conduct. 260 C. 59.

      Cited. 4 CA 137. Cited. 13 CA 230. Cited. 15 CA 150, 155. Cited. 17 CA 421, 425, 426. Cited. 23 CA 227, 229; Id., 585-588. Cited. 24 CA 124, 132; judgment reversed, see 221 C. 674 et seq. Cited. 31 CA 634, 641. Trial court lacked power to award prejudgment interest on punitive damages. 32 CA 133, 137, 139, 140. Cited. 39 CA 32, 36. Cited. 42 CA 124. Cited. Id., 712.

      Cited. 39 CS 107, 116. Cited. 40 CS 560, 561, 566. Cited. 41 CS 130, 139; Id., 484, 504.

      Subsec. (a):

      Cited. 184 C. 607, 612, 613, 617, 618. Cited. 190 C. 528, 533, 535, 536. Cited. 191 C. 484, 489, 493, 495. Cited. 192 C. 558, 566; Id., 591, 596; Id., 747, 755. Cited. 193 C. 208, 228-230. Cited. 203 C. 342, 354. Cited. Id., 616, 620, 622. Cited. 207 C. 204, 207. Cited. 209 C. 579, 589, 593. Cited. 219 C. 644, 654. Cited. 223 C. 80, 115. Cited. 225 C. 705, 710, 723, 725. Cited. 228 C. 42, 53. Cited. 229 C. 213, 223. Cited. Id., 479, 495. Cited. Id., 842, 847. Cited. 230 C. 148, 160. Cited. 232 C. 480, 497, 509. Cited. Id., 666, 684, 685. Cited. 238 C. 183. Cited. Id., 216. Cited. Id., 293. Cited. 240 C. 300. Cited. 241 C. 630. Cited. 243 C. 1. Cited. 243 C. 17.

      Cited. 15 CA 150, 153. Cited. 17 CA 421, 425. Cited. 25 CA 56, 58, 60. Cited. 31 CA 634, 636. Cited. 32 CA 133, 138, 140. Cited. 33 CA 575, 586, 587. Award of punitive damages in an amount equal to actual damages is not an abuse of discretion. 35 CA 455, 462. Cited. 41 CA 437, 447. Cited. 42 CA 599. Cited. 43 CA 113. Cited. Id., 756. Two threshold requirements for a party seeking to recover damages under CUTPA. 51 CA 292. Single act of misconduct is sufficient to support CUTPA claim. Proof of an ascertainable loss does not require quantification of the loss that claimant has suffered. 72 CA 342.

      Cited. 35 CS 1, 8, 9. Cited. 36 CS 183, 194, 195. Cited. 40 CS 336, 337, 340. Cited. 41 CS 484, 490. Cited. 42 CS 198, 201. Cited. Id., 514, 515. Cited. 43 CS 431, 435.

      Subsec. (b):

      Cited. 23 CA 585, 586.

      Cited. 42 CS 198, 201. Cited. 44 CS 569.

      Subsec. (c):

      Cited. 42 CS 198, 201.

      Subsec. (d):

      Cited. 184 C. 607, 617, 618. Cited. 190 C. 528, 535. Cited. 202 C. 106, 120. Cited. 203 C. 342, 354. Cited. Id., 616, 622. Cited. 208 C. 515, 517. Cited. 209 C. 579, 589, 593. Cited. 216 C. 200, 219. Cited. 219 C. 644, 654. Cited. 222 C. 211, 213. Cited. 230 C. 148, 160. Cited. 232 C. 480, 509. Cited. 238 C. 216. Cited. Id., 293. Cited. 240 C. 654.

      Court rather than jury determines an award of attorneys' fees. 10 CA 22, 24, 29, 30, 33-35. Cited. Id., 527, 529, 530. Attorneys representing plaintiff class on whose behalf "relief is granted" may, in court's discretion, recover attorneys' fees and costs. 17 CA 421, 424-426. Cited. 24 CA 514, 516, 517. Cited. 32 CA 133, 138. Cited. 35 CA 455, 458-460, 462. Cited. 39 CA 32, 37. Cited. 41 CA 437, 447. Cited. Id., 754, 771. Cited. 42 CA 124. Cited. Id., 599. Trial court's award of attorney's fees under CUTPA was improper where award was made without affording parties the opportunity to present evidence and to be heard on issue of reasonable attorney's fees. 49 CA 751. Awarding of attorney's fees under subsection discussed. 57 CA 189.

      Cited. 35 CS 1, 8, 9. Cited. 36 CS 183, 195, 196. Cited. 42 CS 514, 515. Cited. 43 CS 91, 99.

      Subsec. (f):

      Cited. 202 C. 234, 244. Section has no alternative provision for suit within certain time following discovery of violation. 207 C. 204-206, 208, 209, 212-214, 216, 217. Cited. 219 C. 644, 645, 653, 654. Cited. 232 C. 527, 531, 532, 535. Calculation of statute of limitations period. 245 C. 1.

      Cited. 27 CA 59, 71. Cited. 33 CA 702, 713. Three-year limitation is jurisdictional. 50 CA 688.