2018 Connecticut General Statutes
Title 42 - Business, Selling, Trading and Collection Practices
Chapter 735a* - Unfair Trade Practices


*See chapter 296 (formerly chapter 295, part II) re fuel supplies.

See Sec. 14-106d re sale or offer for sale of air bag replacement device that does not meet federal safety requirements.

See Sec. 20-124a re dental referral services.

“Ascertainable loss” under chapter discussed. 184 C. 607. Does not violate doctrine of separation of powers in present circumstances. 190 C. 510. Applicability of chapter to private causes of action discussed. Id., 528. Cited. 191 C. 484. The fact that plaintiff's statutory action under chapter is based on an alleged violation of another statute does not transform the single cause of action into two causes of action for purposes of pleading. 192 C. 124. Cited. Id., 252. Criteria in determining whether practice violates chapter discussed. Id., 747. Cited. 193 C. 208. Legislative intent is to make insurance policies subject to both the Connecticut Unfair Insurance Practices Act and the Connecticut Unfair Trade Practices Act. 199 C. 651. Does not cover transactions for the purchase and sale of securities. 200 C. 172. Doctrine of merger and res judicata discussed where previous suit decided under contract theory. Id., 360. Connecticut Unfair Trade Practices Act cited. 202 C. 106; Id., 234. Knowledge of falsity need not be proven to establish a violation of act. 203 C. 342. Connecticut Unfair Trade Practices Act cited. Id., 475; Id., 616; 205 C. 319; Id., 424; Id., 479; 206 C. 125; Id., 454; Id., 668; 207 C. 204; 208 C. 515; Id., 620; 209 C. 243; Id., 579; Id., 618; 211 C. 230; Id., 648; 212 C. 436. Not applicable to municipal housing authority. 213 C. 354. Connecticut Unfair Trade Practices Act cited. Id., 665; 214 C. 303; 215 C. 336; Id., 590; 216 C. 40; Id., 65; Id., 200; Id., 458; Id., 830; 217 C. 57; Id., 404; 218 C. 396; Id., 512. Claims under act are not barred by 1-year limit of Sec. 38a-307; decision of Appellate Court in 23 CA 814 reversed. Id., 644. Connecticut Unfair Trade Practices Act cited. Id., 749; 221 C. 530; Id., 674; Id., 913; 222 C. 211; 223 C. 80; Id., 761; 225 C. 705; 226 C. 314; Id., 773; 227 C. 802; 228 C. 42; Id., 574; Id., 723; 229 C. 213; Id., 479; Id., 634; Id., 817; Id., 842. Art. IV of the amendments to the Connecticut Constitution does not give rise to right to jury trial for claims brought under chapter. 230 C. 148. Bank's actions did not violate CUTPA. Id., 486. Connecticut Unfair Trade Practices Act cited. 231 C. 418; Id., 707; Id., 756; 232 C. 167; Id., 294; Id., 480; Id., 527; Id., 559; Id., 666; Id., 756. Applies to banks but not to securities industry. 233 C. 304. Connecticut Unfair Trade Practices Act cited. Id., 352; 235 C. 1; 236 C. 602; Id., 845; 237 C. 123; 238 C. 183; Id., 216; Id., 293; 239 C. 144; Id., 259; Id., 326; Id., 658; 240 C. 10; Id., 58; Id., 287; Id., 300; Id., 799; 241 C. 24; Id., 278; Id., 630; Id., 678; 242 C. 236; 243 C. 1; 243 C. 17; Id., 168. Withholding of information under a duty to disclose may violate CUTPA; CUTPA is remedial and must be liberally construed in favor of those whom the legislature intended to benefit; criteria for CUTPA violations. 245 C. 1. CUTPA is subject to remoteness doctrine as a limitation on standing. 258 C. 313. Court unpersuaded that there is any special requirement of pleading particularity connected with a CUTPA claim, over and above any other claim. 261 C. 620. Law firm's actions in obtaining business and negotiating fee contracts falls within the entrepreneurial aspect of practice of law and is thus subject to CUTPA. 269 C. 613. Plaintiff medical society lacked standing to sue managed care organization under CUTPA for payment practices with respect to member physicians because society's injuries were too remote. 272 C. 469; Id., 482. Provision of contract re accrual of deferred compensation after termination of insurance agreement security compensation plan can be construed as covenant not to compete and reasonable standard of review should be applied. 279 C. 745. In determining whether a practice violates CUTPA, criteria adopted was set out in cigarette rule by Federal Trade Commission for determining when practice is unfair: (1) Whether practice, without necessarily having been previously considered unlawful, offends public policy as it has been established by statutes, the common law or otherwise–in other words, it is within at least the penumbra of some common law, statutory or other established concept of unfairness, (2) whether it is immoral, unethical, oppressive or unscrupulous, (3) whether it causes substantial injury to consumers, competitors or other business persons; all three criteria do not need to be satisfied to support a finding of unfairness; a practice may be unfair because of degree to which it meets one of the criteria or because to a lesser extent it meets all three. 285 C. 1.

Cited. 1 CA 439; 3 CA 181. Claim under CUTPA must be cloaked with the necessary public interest. 14 CA 425; 15 CA 101. Court held amendment of CUTPA eliminating public interest requirement could not be retroactively applied. Id., 150. Connecticut Unfair Trade Practices Act cited. 16 CA 497; Id., 711; 17 CA 421; 18 CA 16; 19 CA 379; 20 CA 23; Id., 625; 21 CA 185; Id., 275; Id., 661; 22 CA 93; Id., 464; 23 CA 137; Id., 180. Rules of professional conduct not intended to create a private cause of action under CUTPA. Id., 227. Connecticut Unfair Trade Practices Act cited. Id., 247; Id., 585; 24 CA 85; Id., 124; judgment reversed, see 221 C. 674; Id., 514; Id., 739; 25 CA 56; Id., 543; judgment reversed, see 222 C. 541; 26 CA 203; Id., 380; Id., 503; Id., 601; 27 CA 59; Id., 628; Id., 706; Id., 810; 28 CA 491; Id., 563. Must allege properly the commission of the alleged wrongful acts “with such frequency as to indicate a general business practice”. Id., 660. Connecticut Unfair Trade Practices Act cited. 29 CA 157; Id., 865; 30 CA 356; Id., 493; 31 CA 235; Id., 455; Id., 634; Id., 682; Id., 728; judgment reversed in part, see 229 C. 817; 32 CA 133; Id., 644; Id., 786; 33 CA 294; Id., 575; Id., 702; 34 CA 801; 35 CA 19; Id., 46; Id., 455; 36 CA 501; 38 CA 134; Id., 240; Id., 360; Id., 420; Id., 491, 495; Id., 555; Id., 859; 39 CA 32; Id., 306; Id., 492; 40 CA 23; Id., 261; Id., 536; 41 CA 19; Id., 243; Id., 302; Id., 437; Id., 594; Id., 754; 42 CA 124; Id., 324; judgment reversed, see 242 C. 236; Id., 413; Id., 599; Id., 712; 43 CA 94; Id., 113; Id., 184; Id., 265; Id., 419; Id., 756; 44 CA 47; Id., 759; 45 CA 46; Id., 686; Id., 743; 46 CA 432; Id., 759. Absent evidence of deprivation, detriment or injury from which jury could find ascertainable loss, plaintiff could not prevail under a CUTPA claim. 47 CA 489. Individual misstatement by trial court did not mislead jury in determining negligence alone constituted an unfair trade practice. 50 CA 767. CUTPA claim time barred as a matter of law where action brought after end of statute of limitations period and evidence failed to show intent for fraudulent concealment by defendant. 53 CA 102. Whether a practice is unfair and thus violates CUTPA is an issue of fact; breach of contract is not sufficient to establish a CUTPA violation. 56 CA 139. Connecticut Unfair Trade Practices Act cited; judgment affirmed, no facts found to support CUTPA claim. 57 CA 788. Trial court abused its discretion in failing to award at least nominal damages under CUTPA for defendant's violations of Home Improvement Act (Sec. 20-418 et seq). 75 CA 334. Plaintiff's CUTPA claim based on defendant's filing of an adversary proceeding in Bankruptcy Court is preempted by federal bankruptcy law. 86 CA 596. A CUTPA violation may not be alleged for activities incidental to entity's primary trade or commerce. 93 CA 486. Ascertainable loss requirement is a threshold barrier which limits the class of persons who may bring a CUTPA action seeking either actual damages or equitable relief. 99 CA 175. CUTPA claim barred by litigation privilege for judicial proceedings. 164 CA 82. A CUTPA violation may not be asserted as a special defense. 167 CA 347.

Sale of consumer goods at an unconscionable purchase price to a consumer having unequal bargaining power constitutes an unfair trade practice. 36 CS 183. Cited. 38 CS 455; 39 CS 78; Id., 107; 40 CS 336. Connecticut Unfair Trade Practices Act cited. Id., 560; 41 CS 130; Id., 283. Violation of CUTPA in business of towing and storing illegally parked vehicles discussed. Id., 484. Connecticut Unfair Trade Practices Act cited. Id., 545; Id., 548; Id., 575. CUTPA and its case law reflect well-defined and dominant public policy which should be enforced in judicial forum rather than before arbitral tribunal. 42 CS 198. Connecticut Unfair Trade Practices Act cited. Id., 202; Id., 241; Id., 514; Id., 517; 43 CS 91; Id., 360; Id., 408; Id., 431; 44 CS 274; Id., 569; 45 CS 11. Previous property owner did not violate CUTPA by failing to remedy defective lead condition where facts established that owner did not have notice of defective lead condition prior to his relinquishment of control over premises in question. Id., 191. Unworkmanlike performance of a contract does not, in and of itself, amount to a CUTPA violation as only the entrepreneurial aspects of business are covered by CUTPA. 47 CS 580. Plaintiffs in CUTPA action do not have to prove reliance or that representations re the product became part of the basis of the bargain; failure to meet plaintiff's own expectations does not constitute a CUTPA violation as a matter of law. 48 CS 429. Under Sec. 42-110a et seq., as a general rule, an individual who is merely functioning as an employee, officer or director of a corporation is not involved in conduct that constitutes a trade or commerce within the contemplation of CUTPA. 51 CS 68. Miscollection of taxes, whether negligent or intentional, does not constitute an unfair or deceptive act or practice in the conduct of any trade or commerce, and Sec. 12-425 provides mechanism for person who has overpaid sales tax to pursue a refund. Id., 622.

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