Researcher: JO Page 1 3/9/21
OLR Bill Analysis
SB 835
AN ACT CONCERNING DECEPTIVE ADVERTISING PRACTICES
OF LIMITED SERVICES PREGNANCY CENTERS.
SUMMARY
This bill prohibits deceptive advertising by limited services
pregnancy centers, which it defines as pregnancy services centers (see
below) that do not directly provide, or provide referrals for, abortions
or emergency contraception. Specifically, it prohibits them, with intent
to perform a pregnancy-related service, from publicly making or
disseminating a deceptive statement about the provision of these
services or the services themselves that the center knows or reasonably
should know is deceptive.
This prohibition includes public statements made in advertisements,
print publications, online, or any other manner and it applies
regardless of whether the (1) centers make these statements themselves
or cause others to do so and (2) statement itself is deceptive or is
deceptive by omission.
The bill requires the attorney general, before bringing a court action
against a center for violating the bill’s provisions, to notify the center
and allow up to 10 days for them to comply. If the center does not
respond or cure the violation, the attorney general may apply to court
for related injunctive relief. Among other things, the court can order
the center to pay for and disseminate appropriate corrective
advertising. If the court finds that the center violated the above
prohibition, the state is entitled to civil penalties and reasonable
attorney’s fees.
The bill specifies that it does not prohibit the state or municipalities
from seeking any administrative, legal, or equitable relief permitted by
law, including relief allowed under the unfair trade practices act (see 2021SB-00835-R000038-BA.DOCX
Researcher: JO Page 2 3/9/21
BACKGROUND).
EFFECTIVE DATE: July 1, 2021
DEFINITIONS
Under the bill, a “limited services pregnancy center” is a pregnancy
services center that does not directly provide, or provide referrals for,
abortions or emergency contraception. A “pregnancy services center”
is a facility, including a mobile facility, that primarily serves clients
who are pregnant or believe they may be pregnant, and that either (1)
offers obstetric ultrasounds or sonograms, pregnancy testing or
diagnosis, or prenatal care or (2) appears to be a medical facility by
having at least two of the following five specified factors present:
1. staff or volunteers who wear medical attire and uniforms;
2. one or more examination tables;
3. a private or semiprivate room or area with medical supplies or
instruments;
4. staff or volunteers who collect health information from clients;
or
5. the facility (a) is on the same premises as a licensed health care
facility or licensed health care provider or (b) shares facility
space with a licensed provider.
The bill applies to statements about a “pregnancy-related service,”
which is any medical or health counseling service related to pregnancy
or pregnancy prevention, including contraception and contraceptive
counseling, pregnancy testing or diagnosis, pregnancy options
counseling, obstetric ultrasound or sonogram, and prenatal care.
ATTORNEY GENERAL ENF ORCEMENT AND COURT A UTHORITY
Under the bill, before the attorney general may apply to court for
injunctive relief in response to such deceptive advertising, he must
notify the limited services pregnancy center in writing of the violation.
If the center does not respond or refuses to correct the advertising 2021SB-00835-R000038-BA.DOCX
Researcher: JO Page 3 3/9/21
within 10 days, the attorney general may apply to court for injunctive
relief to compel compliance and correct the advertising’s effects.
The court may order the center to:
1. pay for and disseminate appropriate corrective advertising in
the same form and using the same advertising device as the
deceptive advertising;
2. post a remedial notice that corrects the effects of the deceptive
advertising; or
3. provide other narrowly-tailored relief as the court deems
necessary to remedy the deceptive advertising’s adverse effects
on any clients seeking pregnancy-related services.
If the court finds that a center violated the bill’s prohibition, the
state is entitled to recover from the center (1) civil penalties of $50 to
$500 per violation and (2) reasonable attorney’s fees and costs.
BACKGROUND
Connecticut Unfair Trade Practices Act (CUTPA)
The law prohibits businesses from engaging in unfair and deceptive
acts or practices. CUTPA allows the 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 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
violation of a restraining order.
COMMITTEE ACTION
Public Health Committee
Joint Favorable 2021SB-00835-R000038-BA.DOCX
Researcher: JO Page 4 3/9/21
Yea 20 Nay 13 (02/22/2021)