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Code · Connecticut · Title 42 — Business, Selling, Trading and Collection Practices · CHAPTER 735a* — Unfair Trade Practices

Sec. 42-110g. Action for damages. Class actions. Costs and fees. Equitable relief. Jury trial.

494 words·~2 min read·/ct/title-42/chapter-735a-unfair-trade-practices/42-110g·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment of a method, act or practice prohibited by section 42-110b , may bring an action in the judicial district in which the plaintiff or defendant resides or has his principal place of business or is doing business, to recover actual damages. Proof of public interest or public injury shall not be required in any action brought under this section. The court may, in its discretion, award punitive damages and may provide such equitable relief as it deems necessary or proper.
(b)Persons entitled to bring an action under subsection
(a)of this section may, pursuant to rules established by the judges of the Superior Court, bring a class action on behalf of themselves and other persons similarly situated who are residents of this state or injured in this state to recover damages.
(c)Upon commencement of any action brought under subsection
(a)of this section, the plaintiff shall mail a copy of the complaint to the Attorney General and the Commissioner of Consumer Protection and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General and the Commissioner of Consumer Protection.
(d)In any action brought by a person under this section, the court may award, to the plaintiff, in addition to the relief provided in this section, costs and reasonable attorneys' fees based on the work reasonably performed by an attorney and not on the amount of recovery. In a class action in which there is no monetary recovery, but other relief is granted on behalf of a class, the court may award, to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorneys' fees. In any action brought under this section, the court may, in its discretion, order, in addition to damages or in lieu of damages, injunctive or other equitable relief.
(e)Any final order issued by the Department of Consumer Protection and any permanent injunction, final judgment or final order of the court made under section 42-110d , 42-110m , 42-110o or 42-110p shall be prima facie evidence in an action brought under this section that the respondent or defendant used or employed a method, act or practice prohibited by section 42-110b , provided this section shall not apply to consent orders or judgments entered before any testimony has been taken.
(f)An action under this section may not be brought more than three years after the occurrence of a violation of this chapter.
(g)In any action brought by a person under this section there shall be a right to a jury trial except with respect to the award of punitive damages under subsection
(a)of this section or the award of costs, reasonable attorneys' fees and injunctive or other equitable relief under subsection
(d)of this section.
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