Title 42 — Title 42: Business, Selling, Trading and Collection Practices

Sec. 42-133ff. Surcharge based on method of payment prohibited. Discount not prohibited. Agreement or contract not to prohibit discount based on method of payment for gasoline. Minimum purchase requirement. Agent commissions. Penalties. Regulations. (a) For the purposes of this s…

Sec. 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-…

Sec. 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 per…

Sec. 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 contempl…

Sec. 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…

Sec. 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 mai…

Sec. 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…

Sec. 42-133j. Legislative finding concerning petroleum product franchises. (a) The legislature of the state of Connecticut finds and declares that the distribution and sales of gasoline and petroleum products through franchises within the state of Connecticut, including the right…

Secs. 42-133jj to 42-133ll. Reserved for future use.

Sec. 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…

Sec. 42-133l. Franchise agreements. Termination. Good cause. Notice required. Prohibited conduct. Terms. (a) No franchisor shall, directly, or through any officer, agent or employee, terminate, cancel or fail to renew a franchise, except for good cause shown which shall include, …

Sec. 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 assign…

Sec. 42-133mm. Sale, transfers or assignment of franchisor's interest. (a) When a franchisor intends to sell, transfer or assign to another person the franchisor's interest in a single marketing premises that is not part of two or more marketing premises marketed as a package to …

Sec. 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 it…

Secs. 42-133o and 42-133p. Reserved for future use.

Sec. 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 …

Sec. 42-133r. Definitions. As used in sections 42-133r to 42-133ee, inclusive, unless the context indicates a different meaning: (1) “Manufacturer” means any person who manufactures or assembles new motor vehicles, or imports motor vehicles for distribution to dealers or through …

Sec. 42-133s. Obligations of manufacturers and distributors. Retail rate for parts and labor. Establishment, rebuttal and protest. Hearings. Dealer's claims. (a) Each manufacturer or distributor shall specify in writing to each of its dealers licensed in this state, the dealer's …

Sec. 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 pr…

Sec. 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,…

Sec. 42-133v. Cancellation, termination or nonrenewal of franchise. “Good cause” requirement. Notice. Appeal. (a) Notwithstanding the terms, provisions or conditions of any franchise agreement and notwithstanding the terms or provisions of any waiver or other agreement between th…

Sec. 42-133w. Manufacturer or distributor to compensate dealer upon termination, nonrenewal or cancellation. (a) Upon the termination, nonrenewal or cancellation of any franchise under sections 42-133r to 42-133ee, inclusive, initiated by the manufacturer, distributor or dealer, …

Sec. 42-133x. Effects of a franchise termination, cancellation or nonrenewal. (a) In the event of a termination, cancellation or nonrenewal under subdivision (2) of subsection (b) of section 42-133v or subsection (b) of this section: (1) If the dealer is leasing the dealership fa…

Sec. 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 g…

Sec. 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 manufa…

Sec. 42-134. Definition. Section 42-134 is repealed. (1967, P.A. 749, S. 1; P.A. 76-165, S. 7, 8.)

Sec. 42-134a. Definitions. As used in this chapter: (a) “Home solicitation sale” means a sale, lease, or rental of consumer goods or services, whether under single or multiple contracts, in which the seller or his representative personally solicits the sale, including those in re…

Sec. 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.)

Sec. 42-135a. Notice in sales agreement. Notice of cancellation. Duties of seller. No agreement in a home solicitation sale shall be effective against the buyer if it is not signed and dated by the buyer or if the seller shall: (1) Fail to furnish the buyer with a fully completed…

Sec. 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 evi…

Sec. 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 chapt…

Sec. 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…

Sec. 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 …

Sec. 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 na…

Sec. 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 provisio…

Sec. 42-142. Sale of insurance excepted. Section 42-142 is repealed. (1967, P.A. 749, S. 9; P.A. 76-165, S. 7, 8.)

Sec. 42-143. Short title: Home Solicitation Sales Act. This chapter may be cited as the “Home Solicitation Sales Act”. (1967, P.A. 749, S. 10.)

Sec. 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 a…

Sec. 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 t…

Sec. 42-146. Commissioner's powers to enforce. (a) In the discharge of the duties imposed by this chapter: (1) The commissioner or his duly authorized agent or agents shall at all reasonable times have access to records and documentary evidence of any person being investigated fo…

Sec. 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 …

Sec. 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 Gener…

Sec. 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. Pro…

Sec. 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 …

Secs. 42-150a to 42-150t. Reserved for future use. Note: Chapters 741a and 741b are also reserved for future use.

Sec. 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…

Sec. 42-150bb. Attorney's fees in action based on consumer contract or lease. Whenever any contract or lease entered into on or after October 1, 1979, to which a consumer is a party, provides for the attorney's fee of the commercial party to be paid by the consumer, an attorney's…

Sec. 42-150u. Enforceability of liquidated damages provision in consumer contracts. Consumer contract or consumer lease for personal emergency response system. Death of consumer. Exclusions. (a) No provision in a written contract for the purchase or lease of goods or services pri…

Secs. 42-150v to 42-150z. Reserved for future use.

Sec. 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 contr…