ascertainable loss requirement in Connecticut

2011“The ascertainable loss requirement is a [threshold] barrier which limits the class of persons who may bring a CUTPA action seeking either actual damages or equitable relief.” Id., 615 .

2005“The ascertainable loss requirement is a threshold barrier which limits the class of persons who may bring a CUTPA action seeking either actual damages or equitable relief.” Hinchliffe v. American Motors Corp., 184 Conn. 607, 615 , 440 A.2d 810 (1981).

2018As our Supreme Court has explained, "in the business context, a plaintiff asserting a CUTPA claim may satisfy the ascertainable loss requirement of § 42-110g by establishing, through a reasonable inference, or otherwise, that the defendant's unfair trade practice has caused the plaintiff to lose potential customers." (Emphasis added.) Service Road Corp. v. Quinn , 241 Conn. 630 , 643-44, 698 A.2d 258 (1997).

2018As our Supreme Court has explained, "in the business context, a plaintiff asserting a CUTPA claim may satisfy the ascertainable loss requirement of § 42-110g by establishing, through a reasonable inference, or otherwise, that the defendant's unfair trade practice has caused the plaintiff to lose potential customers." (Emphasis added.) Service Road Corp. v. Quinn , 241 Conn. 630 , 643-44, 698 A.2d 258 (1997).

1992To satisfy the ascertainable loss requirement of CUTPA, a party "need prove only that he has purchased an item partially as a result of an unfair CT Page 9390 or deceptive practice or act and that the item is different from that for which he bargained." Hinchliffe v. American Motors Corporation, 184 Conn. 607 , 614-15 (1981) on remand 39 Conn. Sup. 107 , aff'd 192 Conn. 252 .

1992To satisfy the ascertainable loss requirement of CUTPA, a party "need prove only that he has purchased an item partially as a result of an unfair or deceptive practice or act and that the item is different from that for which he bargained." Hinchliffe v. American Motors Corporation, 184 Conn. 607 , 614-15 (1981) on remand 39 Conn. Sup. 197 , aff'd 192 Conn. 252 .

2019Second, we frequently have remarked that "CUTPA's coverage is broad and its purpose remedial." (Internal quotation marks omitted.) Cheshire Mortgage Service, Inc. v. Montes , 223 Conn. 80 , 113-14, 612 A.2d 1130 (1992) ; see also 12 R.

2019Second, we frequently have remarked that "CUTPA's coverage is broad and its purpose remedial." (Internal quotation marks omitted.) Cheshire Mortgage Service, Inc. v. Montes , 223 Conn. 80 , 113-14, 612 A.2d 1130 (1992) ; see also 12 R.

2019Relying on DiNapoli v. Cooke , 43 Conn. App. 419 , 427, 682 A.2d 603 , cert. denied, 239 Conn. 951 , 686 A.2d 124 (1996), cert. denied, 520 U.S. 1213 , 117 S.Ct. 1699 , 137 L.Ed.2d 825 (1997), the plaintiffs further contend that the term "actual damages" is synonymous with compensatory or general damages and excludes only special damages such as nominal and punitive damages.

2019Relying on DiNapoli v. Cooke , 43 Conn. App. 419 , 427, 682 A.2d 603 , cert. denied, 239 Conn. 951 , 686 A.2d 124 (1996), cert. denied, 520 U.S. 1213 , 117 S.Ct. 1699 , 137 L.Ed.2d 825 (1997), the plaintiffs further contend that the term "actual damages" is synonymous with compensatory or general damages and excludes only special damages such as nominal and punitive damages.

2019Relying on DiNapoli v. Cooke , 43 Conn. App. 419 , 427, 682 A.2d 603 , cert. denied, 239 Conn. 951 , 686 A.2d 124 (1996), cert. denied, 520 U.S. 1213 , 117 S.Ct. 1699 , 137 L.Ed.2d 825 (1997), the plaintiffs further contend that the term "actual damages" is synonymous with compensatory or general damages and excludes only special damages such as nominal and punitive damages.

2019Relying on DiNapoli v. Cooke , 43 Conn. App. 419 , 427, 682 A.2d 603 , cert. denied, 239 Conn. 951 , 686 A.2d 124 (1996), cert. denied, 520 U.S. 1213 , 117 S.Ct. 1699 , 137 L.Ed.2d 825 (1997), the plaintiffs further contend that the term "actual damages" is synonymous with compensatory or general damages and excludes only special damages such as nominal and punitive damages.

2019Relying on DiNapoli v. Cooke , 43 Conn. App. 419 , 427, 682 A.2d 603 , cert. denied, 239 Conn. 951 , 686 A.2d 124 (1996), cert. denied, 520 U.S. 1213 , 117 S.Ct. 1699 , 137 L.Ed.2d 825 (1997), the plaintiffs further contend that the term "actual damages" is synonymous with compensatory or general damages and excludes only special damages such as nominal and punitive damages.

2019Relying on DiNapoli v. Cooke, 43 Conn. App. 419, 427 , 682 A.2d 603 , cert. denied, 239 Conn. 951 , 686 A.2d 124 (1996), cert. denied, 520 U.S. 1213 , 117 S. Ct. 1699 , 137 L.

2019Relying on DiNapoli v. Cooke , 43 Conn. App. 419 , 427, 682 A.2d 603 , cert. denied, 239 Conn. 951 , 686 A.2d 124 (1996), cert. denied, 520 U.S. 1213 , 117 S.Ct. 1699 , 137 L.Ed.2d 825 (1997), the plaintiffs further contend that the term "actual damages" is synonymous with compensatory or general damages and excludes only special damages such as nominal and punitive damages.

2019Relying on DiNapoli v. Cooke, 43 Conn. App. 419, 427 , 682 A.2d 603 , cert. denied, 239 Conn. 951 , 686 A.2d 124 (1996), cert. denied, 520 U.S. 1213 , 117 S. Ct. 1699 , 137 L.

2019Relying on DiNapoli v. Cooke , 43 Conn. App. 419 , 427, 682 A.2d 603 , cert. denied, 239 Conn. 951 , 686 A.2d 124 (1996), cert. denied, 520 U.S. 1213 , 117 S.Ct. 1699 , 137 L.Ed.2d 825 (1997), the plaintiffs further contend that the term "actual damages" is synonymous with compensatory or general damages and excludes only special damages such as nominal and punitive damages.

2019Relying on DiNapoli v. Cooke, 43 Conn. App. 419, 427 , 682 A.2d 603 , cert. denied, 239 Conn. 951 , 686 A.2d 124 (1996), cert. denied, 520 U.S. 1213 , 117 S. Ct. 1699 , 137 L.

2019Thus, to be entitled to any relief under CUTPA, a plaintiff must first prove that he has suffered an ascertainable loss due to a CUTPA violation." (Internal quotation marks omitted.) National Waste Associates, LLC v. Scharf , 183 Conn. App. 734 , 750-51, 194 A.3d 1 (2018).

2019Thus, to be entitled to any relief under CUTPA, a plaintiff must first prove that he has suffered an ascertainable loss due to a CUTPA violation." (Internal quotation marks omitted.) National Waste Associates, LLC v. Scharf , 183 Conn. App. 734 , 750-51, 194 A.3d 1 (2018).

2019As to the plaintiff's contention that his emotional harm can fulfill the ascertainable loss requirement, we have explicitly held that a "claim of emotional distress does not constitute an ascertainable loss of money or property for purposes of CUTPA." Di Teresi v. Stamford Health System, Inc. , 149 Conn. App. 502 , 512, 88 A.3d 1280 (2014).

2019As to the plaintiff's contention that his emotional harm can fulfill the ascertainable loss requirement, we have explicitly held that a "claim of emotional distress does not constitute an ascertainable loss of money or property for purposes of CUTPA." Di Teresi v. Stamford Health System, Inc. , 149 Conn. App. 502 , 512, 88 A.3d 1280 (2014).

2018Additionally "in order to prevail in a CUTPA action, a plaintiff must establish ... that the prohibited act was the proximate cause of harm to the plaintiff." (Emphasis added; internal quotation marks omitted.) Abrahams v. Young & Rubicam, Inc. , 240 Conn. 300 , 306, 692 A.2d 709 (1997).

2018Additionally "in order to prevail in a CUTPA action, a plaintiff must establish ... that the prohibited act was the proximate cause of harm to the plaintiff." (Emphasis added; internal quotation marks omitted.) Abrahams v. Young & Rubicam, Inc. , 240 Conn. 300 , 306, 692 A.2d 709 (1997).

2018Thus, to be entitled to any relief under CUTPA, a plaintiff must first prove that he has suffered an ascertainable loss due to a CUTPA violation." (Internal quotation marks omitted.) Neighborhood Builders, Inc. v. Madison , 294 Conn. 651 , 657, 986 A.2d 278 (2010).

2018Thus, to be entitled to any relief under CUTPA, a plaintiff must first prove that he has suffered an ascertainable loss due to a CUTPA violation." (Internal quotation marks omitted.) Neighborhood Builders, Inc. v. Madison , 294 Conn. 651 , 657, 986 A.2d 278 (2010).

2005“Thus, to be entitled to any relief under CUTPA, a plaintiff must first prove that he has suffered an ‘ascertainable loss’ due to a CUTPA violation.” 9 Larobina v. Home *335 Depot, USA, Inc., 76 Conn. App. 586, 593 , 821 A.2d 283 (2003).

2005“Thus, to be entitled to any relief under CUTPA, a plaintiff must first prove that he has suffered an ‘ascertainable loss’ due to a CUTPA violation.” 9 Larobina v. Home *335 Depot, USA, Inc., 76 Conn. App. 586, 593 , 821 A.2d 283 (2003).

2003Id. “[T]he words ‘any ascertainable loss’ [however] ... do not require a plaintiff to prove a specific amount of actual damages in order to make out a prima facie case.” (Emphasis added; internal quotation marks omitted.) Johnson Electric Co. v. Salce Contracting Associates, Inc., supra, 72 Conn. App. 354 -55. “ ‘[L]oss’ has a broader meaning than the term ‘damage.’ ” (Internal quotation marks omitted.) Beverly Hills Concepts, Inc. v. Schatz & Schatz, Ribicoff & Kotkin, 247 Conn. 48, 79 , 717 A.2d 724 (1998).

2003Id. “[T]he words ‘any ascertainable loss’ [however] ... do not require a plaintiff to prove a specific amount of actual damages in order to make out a prima facie case.” (Emphasis added; internal quotation marks omitted.) Johnson Electric Co. v. Salce Contracting Associates, Inc., supra, 72 Conn. App. 354 -55. “ ‘[L]oss’ has a broader meaning than the term ‘damage.’ ” (Internal quotation marks omitted.) Beverly Hills Concepts, Inc. v. Schatz & Schatz, Ribicoff & Kotkin, 247 Conn. 48, 79 , 717 A.2d 724 (1998).

2002Quoting McLaughlin Ford Inc. v. Ford Motor Co ., 192 Conn. 558 , 571 (1984), Snapple states that "increased competition alone, resulting from a practice containing none of the hallmarks of traditionally unfair practices, does not constitute a cause of action under CUTPA." The facts in McLaughlin were quite different from the allegations made by the plaintiffs.

2001See Rizzo Pool Co. v. DelGrosso , 232 Conn. 666 , 684-85 , 657 A.2d 1087 (1995); Printed Circuits Unlimited, Inc. v. Sensor Switch, Inc ., Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 288532 (October 23, 1996, Stevens, J .); Ross v. Company Store , Superior Court, judicial district of Stamford-Norwalk at Stamford, Docket No. 115710 (October 1, 1991, Ryan, J .); Murphy v. McNamara , 36 Conn. Sup. 183 , 195-96 , 416 A.2d 170 .

2001See Rizzo Pool Co. v. DelGrosso , 232 Conn. 666 , 684-85 , 657 A.2d 1087 (1995); Printed Circuits Unlimited, Inc. v. Sensor Switch, Inc ., Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 288532 (October 23, 1996, Stevens, J .); Ross v. Company Store , Superior Court, judicial district of Stamford-Norwalk at Stamford, Docket No. 115710 (October 1, 1991, Ryan, J .); Murphy v. McNamara , 36 Conn. Sup. 183 , 195-96 , 416 A.2d 170 .

1994"While CUTPA damages need not be proven with absolute precision, the failure to present any evidence concerning the nature and extent of the injury sustained precludes recovery under the statute." A. Secondino and Son Inc. v. LoRicco , 215 Conn. 336 , 344 , 576 A.2d 464 (1990).

1994"While CUTPA damages need not be proven with absolute precision, the failure to present any evidence concerning the nature and extent of the injury sustained precludes recovery under the statute." A. Secondino and Son Inc. v. LoRicco , 215 Conn. 336 , 344 , 576 A.2d 464 (1990).

1992To satisfy the ascertainable loss requirement of CUTPA, a party "need prove only that he has purchased an item partially as a result of an unfair CT Page 9390 or deceptive practice or act and that the item is different from that for which he bargained." Hinchliffe v. American Motors Corporation, 184 Conn. 607 , 614-15 (1981) on remand 39 Conn. Sup. 107 , aff'd 192 Conn. 252 .

1992To satisfy the ascertainable loss requirement of CUTPA, a party "need prove only that he has purchased an item partially as a result of an unfair CT Page 9390 or deceptive practice or act and that the item is different from that for which he bargained." Hinchliffe v. American Motors Corporation, 184 Conn. 607 , 614-15 (1981) on remand 39 Conn. Sup. 107 , aff'd 192 Conn. 252 .