CT
Connecticut Senate Bill SB00099

Connecticut 2015 Regular Session

Connecticut Senate Bill SB00099 Compare Versions

OldNewDifferences
1-Substitute Senate Bill No. 99
1+General Assembly Substitute Bill No. 99
2+January Session, 2015 *_____SB00099JUD___042115____*
23
3-Public Act No. 15-230
4+General Assembly
45
5-AN ACT CONCERNING NEW CAR DEALERS AND INFORMATION REGARDING THE MAGNUSON-MOSS WARRANTY ACT, WRITTEN NOTICE FOR HOMEMAKER OR COMPANION SERVICE REGISTRIES AND TELEPHONE SOLICITORS WHO MAKE UNSOLICITED AND INTENTIONALLY MISLEADING TELEPHONE CALLS TO CONSUMERS.
6+Substitute Bill No. 99
7+
8+January Session, 2015
9+
10+*_____SB00099JUD___042115____*
11+
12+AN ACT CONCERNING NEW CAR DEALERS AND INFORMATION REGARDING THE MAGNUSON-MOSS WARRANTY ACT, THE UNAUTHORIZED ACCESS OF COMPUTER DATA, WRITTEN NOTICE FOR HOMEMAKER OR COMPANION SERVICE REGISTRIES AND BUSINESSES THAT MAKE CERTAIN UNSOLICITED AND INTENTIONALLY MISLEADING TELEPHONE CALLS TO CONSUMERS.
613
714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
815
9-Section 1. (NEW) (Effective July 1, 2015) (a) Each new car dealer, as defined in section 14-51 of the general statutes, at the time the sale of a new motor vehicle, as defined in section 14-1 of the general statutes, is executed, shall deliver to the purchaser of such new motor vehicle a written statement, printed in not less than ten-point boldface type, as follows:
16+Section 1. (NEW) (Effective July 1, 2015) Each new car dealer, as defined in section 14-51 of the general statutes, at the time the sale of a new motor vehicle, as defined in section 14-1 of the general statutes, is executed, shall deliver to the purchaser of such new motor vehicle a written statement, printed in not less than ten-point boldface type, as follows: "The Magnuson-Moss Warranty Act, 15 USC 2301 et seq., makes it illegal for motor vehicle manufacturers or dealers to void a motor vehicle warranty or deny coverage under the motor vehicle warranty simply because aftermarket or recycled parts were installed or used on the vehicle or simply because someone other than the dealer performed service on the vehicle."
1017
11-"The Magnuson-Moss Warranty Act, 15 USC 2301 et seq. , makes it illegal for motor vehicle manufacturers or dealers to void a motor vehicle warranty or deny coverage under the motor vehicle warranty simply because an aftermarket or recycled part was installed or used on the vehicle or simply because someone other than the dealer performed service on the vehicle. It is illegal for a manufacturer or dealer to void your warranty or deny coverage under the warranty simply because you used an aftermarket or recycled part. If it turns out that an aftermarket or recycled part was itself defective or wasn't installed correctly and it causes damage to another part that is covered under the warranty, the manufacturer or dealer has the right to deny coverage for that part and charge you for any repairs. The Federal Trade Commission requires the manufacturer or dealer to show that the aftermarket or recycled part caused the need for repairs before denying warranty coverage. "
18+Sec. 2. (NEW) (Effective from passage) (a) As used in this section, (1) "encrypt" means to transform electronic data into a form in which meaning cannot be assigned without the use of a confidential process or key, and (2) "personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data: (A) A Social Security number; (B) a driver's license number or a state identification number; (C) a home address; or (D) individually identifiable health information. "Personal information" does not include publicly available information that is lawfully made available to the general public from federal, state or local government records or widely distributed media.
1219
13-(b) For purposes of this section, an "aftermarket part" is a part that was made by a company other than the vehicle manufacturer or the original equipment manufacturer and a "recycled part" is a part that was made for and installed in a new vehicle by the manufacturer or the original equipment manufacturer and later removed from the vehicle and made available for resale or reuse.
20+(b) Not later than July 1, 2016, each insurer, health care center, banking or financial organization, data broker that collects personal information or other entity licensed to do health insurance business in this state shall implement security technology that encrypts the personal information of consumers, insureds and enrollees that is compiled or maintained by such insurer, health care center, banking or financial organization, data broker or other entity. Any such security technology shall be updated as is necessary and practicable.
1421
15-Sec. 2. Subsection (a) of section 20-679a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
22+(c) Not later than seven days after receiving notice of unauthorized access to personal information by a third party, an entity listed in subsection (b) of this section shall notify each individual who has had his or her personal information accessed by such third party, in writing, of such unauthorized access of his or her personal information.
23+
24+(d) Each entity required to notify an individual of unauthorized access of his or her personal information pursuant to subsection (c) of this section shall provide such individual with not less than two years of commercially available identity theft monitoring and protection at no charge to the individual.
25+
26+(e) The Insurance Commissioner, after consultation with the Commissioner of Consumer Protection, shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section and to establish minimum standards for security technology required to be implemented pursuant to subsection (b) of this section.
27+
28+Sec. 3. Subsection (a) of section 20-679a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
1629
1730 (a) Not later than [seven] four calendar days after the date on which a registry supplies, refers or places an individual with a consumer, the registry shall provide the consumer with a written notice, to be signed by the consumer, specifying the legal liabilities of such registry to the individual supplied or referred to or placed with the consumer. If the registry maintains an Internet web site, a sample of the notice shall be posted on such Internet web site.
1831
19-Sec. 3. (NEW) (Effective July 1, 2015) A person who provides material information to the Department of Consumer Protection that results in the investigation of a telephone solicitor and enforcement of subsection (d) of section 42-288a of the general statutes shall be compensated in an amount the Commissioner of Consumer Protection decides is reasonable. The amount shall be paid out of the proceeds collected by the state as a result of the enforcement of said subsection and shall not be less than fifteen per cent or more than thirty per cent of the total amount recovered by the state pursuant to subsections (g) and (k) of said section.
32+Sec. 4. (NEW) (Effective October 1, 2015) (a) No person, as defined in section 1-1 of the general statutes, shall (1) knowingly make an unsolicited business telephone call to a consumer using a caller identification service or device that transmits misleading or inaccurate caller identification information to the recipient of the telephone call with the intent to defraud or cause harm to such recipient, or (2) having made such unsolicited business telephone call to a consumer, fail to maintain an active consumer response telephone line for consumer questions and complaints.
33+
34+(b) Any person who violates the provisions of subsection (a) of this section shall have engaged in an unfair or deceptive act or practice in the conduct of trade or commerce under chapter 735a of the general statutes.
35+
36+(c) Any person having knowledge of a violation of subsection (a) of this section may report all facts and information in such person's possession concerning such violation to the Attorney General. The Attorney General may review such facts and information and investigate as he or she deems proper regarding such facts and information and any other information that may be reasonably derived from such report. If the Attorney General takes action against any person for violating the provisions of subsection (a) of this section, the person who reported such violation shall be awarded one-half of any monetary fines or settlement recovered by the Attorney General from the violator.
37+
38+
39+
40+
41+This act shall take effect as follows and shall amend the following sections:
42+Section 1 July 1, 2015 New section
43+Sec. 2 from passage New section
44+Sec. 3 October 1, 2015 20-679a(a)
45+Sec. 4 October 1, 2015 New section
46+
47+This act shall take effect as follows and shall amend the following sections:
48+
49+Section 1
50+
51+July 1, 2015
52+
53+New section
54+
55+Sec. 2
56+
57+from passage
58+
59+New section
60+
61+Sec. 3
62+
63+October 1, 2015
64+
65+20-679a(a)
66+
67+Sec. 4
68+
69+October 1, 2015
70+
71+New section
72+
73+
74+
75+GL Joint Favorable Subst.
76+JUD Joint Favorable
77+
78+GL
79+
80+Joint Favorable Subst.
81+
82+JUD
83+
84+Joint Favorable