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

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…

Secs. 42-340 to 42-344. Reserved for future use.

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…

Secs. 42-356 to 42-359. Reserved for future use.

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…

Secs. 42-361 to 42-369. Reserved for future use.

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…

Sec. 42-407. Payment or trade-in pending approval of lease. Refund or return. (a) If a lessee's application for a consumer lease is not approved on the terms submitted, the following rules apply: (1) Except as otherwise provided in subdivision (2) of this subsection or in subsect…

Sec. 42-408. Prohibited lease provisions. (a) A provision of a consumer lease may not: (1) Authorize the holder to accelerate the maturity of all or part of the amount owing on the lease whenever the holder deems itself insecure; (2) Require the lessee to execute an authorization…

Sec. 42-409. Security interest restricted. Security deposit. (a) Except as otherwise provided in subsection (b) of this section, a consumer lease or other record signed by the lessee in connection with the lease may not provide for the creation of a security interest in personal …

Sec. 42-410. Late fees. Delinquency and default charges. Attorney's fees. (a) A holder may impose on the lessee a late charge on a periodic payment that is delinquent for ten days or more in an amount specified in the consumer lease but not exceeding the lesser of ten dollars or …

Sec. 42-411. Assignment of lease. Preservation of lessee's claims and defenses. (a) Until thirty days after a lessee receives from the assignor or assignee of the lease a signed notice in a record that the consumer lease has been assigned and containing the name and address of th…

Sec. 42-412. Sublease. (a) Except as otherwise provided in subsection (b) of this section, a lessee under a consumer lease may sublease or assign the lessee's rights and interest. (b) A consumer lease may contain a specific and conspicuous provision requiring the holder's consent…

Sec. 42-413. Open-end consumer lease. (a) In an open-end consumer lease, the estimated residual value must be a reasonable approximation of the anticipated fair market value of the goods on expiration of the lease. The estimated residual value of the goods is presumed to be unrea…

Sec. 42-414. Limit on insurance charges. Termination or replacement of insurance. (a) A charge for casualty, liability or credit insurance included in a consumer lease or added under subsection (c) of this section may not exceed the premium imposed by the insurer for the insuranc…

Sec. 42-415. Rebate or discount for referrals. A person may not induce or attempt to induce a lessee to consummate a consumer lease by offering a postconsummation rebate, discount, commission or other consideration on the condition that the lessee provide information or assistanc…

Sec. 42-416. Limitation on supplier's disclaimer of implied warranty. (a) As used in this section: (1) “Magnuson-Moss Warranty Act” means 15 USC Sections 2301 to 2312, inclusive, as amended, and includes rules, regulations, statements and interpretations issued by the Federal Tra…