Connecticut § 4d-39 Remedies and penalties for violations.

Connecticut Statutes

§ 4d-39 — Remedies and penalties for violations.

Connecticut·Title 4d State Information and Telecommunication Systems·Ch. 61 State Information and Telecommunication Systems Management and Contracts

(a)If any person violates any provision of section 4d-36, 4d-37 or 4d-38, the Attorney General may bring an action against such person in the superior court for the judicial district of Hartford seeking (1) damages on behalf of the state for such violation, (2) restitution for damages suffered by any person as a result of the violation or (3) imposition and recovery of a civil penalty of not more than fifty thousand dollars for the violation.

(b)In addition to the remedies under subsection (a) of this section, any person aggrieved by a violation of any provision of section 4d-36 , 4d-37 or 4d-38 may bring an action in Superior Court to recover any damages suffered as a result of such violation.

(c)In any action brought under subsection (a) or (b) of this section, the court may (1) order

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(a) If any person violates any provision of section 4d-36, 4d-37 or 4d-38, the Attorney General may bring an action against such person in the superior court for the judicial district of Hartford seeking (1) damages on behalf of the state for such violation, (2) restitution for damages suffered by any person as a result of the violation or (3) imposition and recovery of a civil penalty of not more than fifty thousand dollars for the violation. (b) In addition to the remedies under subsection (a) of this section, any person aggrieved by a violation of any provision of section 4d-36 , 4d-37 or 4d-38 may bring an action in Superior Court to recover any damages suffered as a result of such violation. (c) In any action brought under subsection (a) or (b) of this section, the court may (1) order disgorgement of any profits or other benefits derived as a result of a violation of any provision of section 4d-36 , 4d-37 or 4d-38 , (2) award punitive damages, costs or reasonable attorneys fees, or (3) order injunctive or other equitable relief. Proof of public interest or public injury shall not be required in any action brought under subsection (a) or (b) of this section. No action may be brought under subsection (a) or (b) of this section more than three years after the occurrence of such violation. (d) Any person who knowingly and wilfully violates any provision of section 4d-36 , 4d-37 or 4d-38 shall, for each such violation, be guilty of a class D felony.

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Legislative History

(P.A. 88-230, S. 11, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4–6; June 18 Sp. Sess. P.A. 97-9, S. 39, 50; P.A. 07-217, S. 11; P.A. 13-258, S. 33.) History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of “judicial district of Hartford” for “judicial district of Hartford-New Britain” in public and special acts of the 1997 regular and special sessions of the General Assembly, effective September 1, 1998); P.A. 07-217 made a technical change in Subsec. (d), effective July 12, 2007; P.A. 13-258 amended Subsec. (d) to change penalty from fine of not more than $5,000 or imprisonment of not less than 1 year or more than 5 years to a class D felony.