Connecticut Consumer Protection Laws: Lemon Law, Refunds, Repairs and Scams

Connecticut's lemon law covers new passenger and commercial-passenger motor vehicles and motorcycles sold or leased in Connecticut. Defects reported within two years or the first 24,000 miles, whichever ends first, must be repaired. If the manufacturer cannot fix a defect that substantially impairs use, safety or value after a reasonable number of attempts, it must replace the vehicle with one acceptable to the consumer, or take it back and refund the full contract price, collateral charges (such as sales tax and registration), certain finance charges and incidental damages, minus a reasonable allowance for use. A reasonable number of attempts is presumed after four or more repairs of the same defect, or 30 or more calendar days out of service, in that period; for a defect that is a serious safety hazard, two repair attempts within the warranty term or one year is enough. The consumer must give the manufacturer written notice only if the manufacturer clearly disclosed that requirement in the warranty or owner's manual.

A dealer selling a used car with a cash price of $3,000 or more may not disclaim implied warranties. Cars priced $3,000 to under $5,000 must come with a written warranty covering full parts and labor for at least 30 days or 1,500 miles; cars priced $5,000 or more, at least 60 days or 3,000 miles, whichever comes first. Phrases like "50-50" or "drive train only" cannot limit these warranties. The rules do not apply to cars under $3,000, sales between dealers, or vehicles seven model years old or older. A buyer may waive the warranty only for a specific defect the dealer discloses, in a conspicuous written waiver signed before the sale.

In a home solicitation sale, the buyer may cancel at any time before midnight of the third business day after the transaction. The seller must give a written contract or receipt with a bold notice of this right, two copies of a "Notice of Cancellation" form, and must also tell the buyer orally. After a valid cancellation, the seller must refund all payments and return any trade-in within ten business days. Home improvement contracts must include notice of these cancellation rights, and debt negotiation contracts carry their own three-business-day right to cancel.

The Connecticut Unfair Trade Practices Act (CUTPA, Conn. Gen. Stat. § 42-110a et seq.) prohibits unfair methods of competition and unfair or deceptive acts in trade or commerce. Anyone who suffers an ascertainable loss of money or property because of a violation can sue for actual damages, and the court may award punitive damages, equitable relief, costs and reasonable attorney's fees. Proof of public interest or injury is not required, class actions are allowed, and suits must be filed within three years of the violation.

Before doing any work, a motor vehicle repair shop must get the customer's signed written authorization on an invoice that includes a written estimate of the maximum cost of parts and labor. The shop may not charge for unauthorized work or more than the estimate without the customer's oral or written consent, and must get further consent before doing additional repairs. The final invoice must itemize parts and labor and state if used parts were supplied. If the customer asks when authorizing the work, replaced parts must be made available (warranty parts for inspection only). Shops must post signs explaining these rights and the customer's right to choose the licensed shop for collision repairs.

No one may raise the retail price of any item in an area covered by a Governor's disaster emergency or transportation emergency declaration, or a presidential major disaster or emergency declaration, until the emergency is declared over; normal business price fluctuations are allowed. During a Governor-declared supply emergency, designated products and services may not be sold above the seller's pre-emergency price unless the increase reflects the seller's added costs. Separate rules bar unconscionably excessive prices for gasoline and other energy resources during an abnormal market disruption. Violations are unfair trade practices under CUTPA.

No one may sell or issue a gift certificate (including gift cards) that is subject to an expiration date, or include language suggesting one may apply. Sellers must give a paper or electronic proof-of-purchase or gift receipt. If a gift card's balance is under $5 after a purchase, the holder can ask for the remaining balance in cash.

Every business must clearly and conspicuously disclose its refund or exchange policy, including whether it gives refunds or exchanges at all: by posting it on the premises for in-store sales, on its website for online sales, and orally for phone or verbal sales. The policy must say whether refunds are cash, credit or store credit, any time limit, any fee, and other conditions. If a seller that does not give refunds fails to disclose its policy properly, it must give a refund or store credit for goods returned within seven days after the consumer received them.

Credit clinics (businesses that charge to fix adverse entries on a credit report) must give a written contract with required disclosures and may not charge consumers before fully performing their services; lawyers and 501(c)(3) nonprofits are excluded. Debt negotiators must be licensed by the Banking Commissioner, must give a detailed written contract with a three-business-day right to cancel, and may not collect fees until they have fully performed the services they agreed to.

Home improvement contractors and salespeople must hold a certificate of registration from the Commissioner of Consumer Protection. A home improvement contract is not valid or enforceable against the owner unless it is in writing, signed by both, contains the entire agreement, the date, the contractor's name, address and registration number, a notice of the owner's three-day cancellation rights, and start and completion dates. Changes must be in writing and signed. A Home Improvement Guaranty Fund exists for certain losses.

Anyone who owns, licenses or maintains computerized personal information must notify affected Connecticut residents of a breach of security without unreasonable delay and no later than 60 days after discovering it (unless federal law requires sooner). Notice is not required if, after an appropriate investigation, the business reasonably determines the breach will not likely cause harm. The Attorney General must also be notified, and notice can be delayed for a criminal investigation. Failure to comply is an unfair trade practice.

Try first to resolve the problem with the business. If that fails, file a complaint with the Department of Consumer Protection's Complaint Center, which helps resolve disputes between consumers and businesses and enforces consumer and licensing laws, though it does not represent individuals. The Attorney General's office also takes complaints and may offer informal mediation, but represents the public interest rather than individuals and cannot give legal advice.

1) Written notice: under the statute, a consumer has to notify the manufacturer in writing only if the manufacturer clearly disclosed in the warranty or owner's manual that written notice is required, and gave a name and address for it. The Department of Consumer Protection (DCP) separately asks applicants to notify the manufacturer by mail or email of their intent to file under the lemon law and to upload a copy of that letter with the application. Lessees must send a certified or registered letter to the leasing company. 2) Final repair attempt: no separate final-repair step is described. 3) Arbitration: DCP runs a state arbitration program for consumers whose manufacturer does not have an Attorney General-certified dispute program. Applications are accepted online only, through the state eLicense portal. The consumer pays a $50 filing fee, refunded if DCP finds the complaint does not allege a lemon law violation; the manufacturer pays $250. The arbitrator is to decide within 60 days, and the decision is final and binding, subject only to court review. If the manufacturer does have a certified program, the consumer must use it first before the refund/replacement remedy applies, and can ask for a new DCP arbitration if that program did not follow the required procedures. 4) Deadline: the repair-reporting period is 2 years or 24,000 miles from original delivery, whichever ends first; the statute sections reviewed do not state a separate deadline to file for arbitration or to sue.