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OLR Bill Analysis
HB 6410
AN ACT INCREASING THE PENALTY FOR VIOLATIONS
ASSOCIATED WITH THE NO SALES SOLICITATION CALLS
LISTING.
SUMMARY
This bill increases the penalty for violations of existing laws that,
among other things, prohibit solicitors from:
1. making unsolicited sales calls to consumers who have enrolled
on a “no sales solicitation calls” list, with certain exceptions;
2. installing or using blocking devices to circumvent a consumer’s
caller identification (i.e., “spoofing”); and
3. making unsolicited, automatically dialed, recorded calls.
The bill (1) establishes a minimum fine of $5,000 for each violation
and (2) increases the maximum fine for each violation from $20,000 to
$42,530. By law, violations may also be considered unfair trade
practices (see BACKGROUND).
EFFECTIVE DATE: October 1, 2022
BACKGROUND
Connecticut Unfair Trade Practices Act (CUTPA)
The law prohibits businesses from engaging in unfair and deceptive
acts or practices. CUTPA allows the Department of Consumer
Protection commissioner to issue regulations defining what constitutes
an unfair trade practice, investigate complaints, issue cease and desist
orders, order restitution in cases involving less than $10,000, enter into
consent agreements, ask the attorney general to seek injunctive relief,
and accept voluntary statements of compliance. It also allows
individuals to sue. Courts may issue restraining orders; award actual 2021HB-06410-R000053-BA.DOCX
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and punitive damages, costs, and reasonable attorney’s fees; and
impose civil penalties of up to $5,000 for willful violations and $25,000
for a restraining order violation (CGS § 42-110a et seq.).
COMMITTEE ACTION
Energy and Technology Committee
Joint Favorable
Yea 26 Nay 0 (03/02/2021)