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

Sec. 42-311. Unfair trade practice. A violation of any of the provisions of section 42-310 shall constitute an unfair or deceptive act or practice as defined by section 42-110b. (P.A. 96-196, S. 13.)

Sec. 42-320. Definitions. As used in this section and section 42-321: (1) “Buyer” means any person entering into a social referral services contract with a seller; (2) “Person” means a natural person, partnership, corporation, association or any other legal entity; (3) “Seller” m…

Sec. 42-321. Contract requirements. (a) Each contract for social referral services shall provide that such contract may be cancelled within three business days after the date of receipt by the buyer of a copy of the written contract or three business days after the social referra…

Sec. 42-322. Unfair trade practice. Any violation of any provision of section 42-320 or 42-321 shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b. (P.A. 96-259, S. 16.)

Sec. 42-330. Definitions. As used in sections 42-330 to 42-336, inclusive, unless the context otherwise requires: (1) “Assistive technology device” means any device sold, leased or transferred in this state or to a consumer in this state on or after January 1, 1998, that is used …

Sec. 42-331. Remedies for nonconformity in assistive technology device. Repair, replacement or refund. (a) If a nonconformity in an assistive technology device occurs or exists during the term of an express warranty applicable to the assistive technology device or within two year…

Sec. 42-332. Return by consumer of assistive technology device having nonconformity. (a) Any consumer who elects a remedy available under subdivision (1) of subsection (d) of section 42-331 shall first offer to transfer the assistive technology device to the manufacturer. Not lat…

Sec. 42-333. Disclosure of reasons for return of assistive technology device prior to sale or lease. No assistive technology device that is returned by a consumer in this state under sections 42-331 and 42-332, or by a consumer in another state under a similar law of such state, …

Sec. 42-334. Regulations. The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54, to carry out the provisions of sections 42-330 to 42-333, inclusive. Such regulations may establish an alternative dispute resolution program to investigate and…

Sec. 42-335. Civil action against manufacturer, dealer or lessor of assistive technology device. In addition to any other remedy available under the laws of this state, a consumer may bring a civil action against a manufacturer, dealer or lessor of an assistive technology device …

Sec. 42-336. Rights or remedies not limited. Waiver invalid. (a) Nothing in sections 42-330 to 42-336, inclusive, shall in any way limit the rights or remedies that are otherwise available to a consumer under any other law. (b) No act or agreement of a consumer shall constitute a…

Sec. 42-337. Wheelchair repair requirements. Definitions. As used in this section and section 42-338: (1) “Authorized wheelchair dealer” means any company doing business in the state selling or leasing wheelchairs, including complex rehabilitation technology wheelchairs. (2) “Com…

Sec. 42-338. Repair requirements for authorized wheelchair dealers. Complaint process. Required reporting. (a) An authorized wheelchair dealer shall timely repair a wheelchair, including a complex rehabilitation technology wheelchair, sold or leased by such dealer in the state. A…

Sec. 42-339. Complex rehabilitation technology and wheelchair repair advisory council. Membership. Required reporting. (a) There is established a complex rehabilitation technology and wheelchair repair advisory council to monitor repairs of wheelchairs, including complex rehabili…

Sec. 42-345. Definitions. As used in sections 42-435 to 42-354, inclusive, unless the context otherwise requires: (1) “Current net price” means the price listed in a supplier's price list or catalog in effect at the time a dealer agreement is terminated, less any applicable disco…

Sec. 42-346. Termination of dealer agreement by supplier or dealer. (a) Notwithstanding any contrary provision of any agreement entered into on or after January 1, 1998, prior to the termination of a dealer agreement, a supplier shall notify the dealer of such termination not les…

Sec. 42-347. Repurchase of inventory by supplier upon termination of dealer agreement, death or incompetency. (a) Whenever a dealer enters into a dealer agreement under which the dealer agrees to maintain an inventory and such dealer agreement is terminated by either party as pro…

Sec. 42-348. Inventory repurchase. Examination of books and records. Payment for inventory. (a) Not later than ninety days after receipt of a dealer's written request, a supplier under a duty to repurchase inventory pursuant to section 42-347 and this section may examine any book…

Sec. 42-349. Exceptions to inventory repurchase requirements. The provisions of sections 42-347 and 42-348 shall not require the repurchase from a dealer of: (1) A repair part with a limited storage life or otherwise subject to physical or structural deterioration including, but …

Sec. 42-350. Supplier's consent to transfer of dealer's business, stock or other interest. (a) Except as provided in subsection (b) of this section, no supplier shall unreasonably withhold or delay consent to any transfer of a dealer's business or transfer of the stock or other i…

Sec. 42-351. Payment of consumer warranty claims by supplier. Denial and resubmittal of claims. (a) As used in this section, “current net price” means the price listed in a supplier's price list or catalog in effect at the time a warranty claim is made under this section, less an…

Sec. 42-352. Obligation of successor in interest or assignee of supplier or dealer. The obligation of any supplier or dealer under sections 42-345 to 42-354, inclusive, shall be applied to and made an obligation of any successor in interest or assignee of the supplier or dealer. …

Sec. 42-353. Security interest in inventory. Arbitration. Waiver void. Settlements. (a) Nothing in sections 42-345 to 42-354, inclusive, shall be construed to release or terminate a perfected security interest of a supplier in the inventory of a dealer. (b) Nothing in sections 42…

Sec. 42-354. Civil action. Any supplier or dealer may bring an action in the Superior Court to recover damages sustained by reason of a violation of any provision of sections 42-345 to 42-353, inclusive, and, if appropriate, may apply for injunctive relief as provided in chapter …

Sec. 42-355. New emergency vehicle warranties. (a) As used in this section: (1) “Emergency vehicle” means any new motor vehicle used as (A) fire fighting apparatus, (B) an ambulance, or (C) a rescue vehicle, that is purchased or leased by a department on or after July 1, 1999. An…

Sec. 42-360. Dry cleaning price information. Penalty. Unfair trade practice. (a) Each person, firm or corporation conducting a dry cleaning business shall either: (1) Post a list containing the retail price, including taxes, charged for each type of garment cleaned or accepted fo…

Sec. 42-370. Prepaid calling cards. Definitions. Disclosures. Regulations. Violations. (a) As used in this section, (1) “prepaid calling card company” means a company that provides a prepaid calling service to the public using its own network or resold services, (2) “prepaid call…

Sec. 42-371. Consumer discount cards. Definitions. Notice. Prohibited and permitted uses of consumer information. Violations. (a) As used in this section: (1) “Retailer” means any person who sells goods used primarily for personal, family or household purposes to a person who is …

Secs. 42-372 to 42-389. Reserved for future use. Note: Chapters 743v to 743z are also reserved for future use.

Sec. 42-390. Short title: Consumer Leases Act. Sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, may be cited as the Consumer Leases Act. (P.A. 02-81, S. 1; P.A. 09-134, S. 2.) History: P.A. 02-81 effective July 1, 2003; P.A. 09-134 changed short title from …

Sec. 42-391. Definitions. (a) In sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive: (1) “Conspicuous”, with reference to a provision or statement, means so written, displayed or presented that a reasonable person against which it is to operate should have not…

Sec. 42-392. Time of consummation. Expiration. Termination. (a) Consummation of a consumer lease occurs when the lessee signs a record evidencing the lessee's contractual obligation under the lease. A lessee may consummate a consumer lease even if it is subject to subsequent cred…

Sec. 42-393. Scope. Exclusions. Sale incident to lease. (a) Except as otherwise provided in subsections (b) to (e), inclusive, of this section, sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, apply to a consumer lease. (b) Sections 42-270 to 42-271a, inclu…

Sec. 42-394. Characterization of lease. Applicability by agreement. (a) A consumer lease may not be deemed a credit sale, loan or security interest to make the transaction subject to coverage by other law in lieu of sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inc…

Sec. 42-395. Supplemental provisions and principles of law applicable. Limitations. Restrictions. The provisions of sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, are supplemented by other applicable statutory provisions and by general principles of law a…

Sec. 42-396. Waiver. Agreement to forego rights in settlement of claim. (a) Except as otherwise permitted by sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, a lessee may waive or agree to forego rights, benefits or remedies under sections 42-270 to 42-271a…

Sec. 42-397. Limitation on choice of law and venue. (a) The parties to a consumer lease may not choose the law of a jurisdiction unless it is a jurisdiction in which: (1) The lessee principally resides when the lease is consummated; (2) The lessee will principally reside within t…

Sec. 42-398. Obligation of good faith. Every contract subject to, or duty imposed by, sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, imposes an obligation of good faith in its performance or enforcement. (P.A. 02-81, S. 9.) History: P.A. 02-81 effective J…

Sec. 42-399. Unconscionability. (a) If the court as a matter of law finds that a consumer lease or any provision of the lease was unconscionable when the lease was consummated, the court may refuse to enforce the lease, enforce the remainder of the lease without the unconscionabl…

Sec. 42-400. Relation to Electronic Signatures in Global and National Commerce Act. Sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et s…

Sec. 42-401. Advertising. (a) In this section, “advertisement” means a commercial message in any medium that directly or indirectly promotes a consumer lease. (b) An advertisement must comply with the requirements of the federal Consumer Leasing Act for advertising. If the advert…

Sec. 42-402. Availability of sample lease form. (a) Before consummation of a consumer lease, a lessor, on request of an individual, shall promptly give a copy or reproduction of its current consumer lease form to the individual at the lessor's place of business. If a lessor contr…

Sec. 42-403. Disclosure. Form of consumer lease. Copy to lessee. (a) A lessor shall make the disclosures required by the federal Consumer Leasing Act. If the lease is not subject to said act, the lessor shall make the disclosures as if the lease were subject to said act. (b) Befo…

Sec. 42-404. Insurance. Insurance disclosures. (a) A lessor may require that the lessee maintain casualty insurance on the leased goods, or liability insurance against personal injury or property damage caused to others, or both, during the period of the lease. If a lessor requir…

Sec. 42-405. Notice to guarantor. (a) The obligation of a guarantor with respect to a consumer lease is not enforceable unless: (1) Before the guarantor signs a record evidencing the obligation, the lessor provides to the guarantor a clear statement in a record which identifies t…

Sec. 42-406. Information during term of lease. Computer equipment leases. Satisfaction of lease. (a) During the period of a consumer lease, the following rules apply: (1) A person that receives a payment in money from a lessee under a consumer lease shall furnish the lessee a wri…