§ 42-110o — Civil penalties.

Connecticut § 42-110o

• Jurisdiction: Connecticut
• Title 42: Business, Selling, Trading and Collection Practices
• Ch. 735a: Unfair Trade Practices

Text

(a) Any person who violates the terms of a temporary restraining order or an injunction issued under subsection (d) of section 42-110d or subsection (a) of section 42-110m shall forfeit and pay to the state a civil penalty of not more than twenty-five thousand dollars per violation. For purposes of this section the court issuing the injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the state may petition for recovery of civil penalties. (b) In any action brought under section 42-110m , if the court finds that a person is wilfully using or has wilfully used a method, act or practice prohibited by section 42-110b , the Attorney General, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars for each violation. For purposes of this subsection, a wilful violation occurs when: (1) The party committing the violation knew or should have known that his conduct was a violation of section 42-110b ; or (2) a person violates the terms of an assurance of voluntary compliance accepted under section 42-110j .

Legislative History

(P.A. 75-618, S. 9, 11; P.A. 87-297; P.A. 94-15, S. 2; P.A. 24-101, S. 9.) History: P.A. 87-297 amended Subsec. (a) by adding reference to temporary restraining orders or injunctions issued under Sec. 42-110m(a); P.A. 94-15 increased the civil penalty in Subsec. (b) from $2,000 to $5,000; P.A. 24-101 amended Subsec. (b) by designating existing provisions re knowledge that conduct violated Sec. 42-110b as Subdiv. (1) and adding Subdiv. (2) re violation of assurance of voluntary compliance accepted under Sec. 42-110j, effective June 4, 2024. Cited. 186 C. 507; 238 C. 216. Subsec. (b): Cited. 217 C. 404. Court not required to consider whether defendant was easily accessible to the public or whether anyone was actually harmed by the unfair or deceptive trade practice in determining whether to assess penalty; section does not require defendant to have had actual knowledge that the practice was unfair or deceptive. 246 C. 721.