(a) In lieu of, but not in addition to, filing a complaint with the commission pursuant to section
46a-82, any person claiming to be aggrieved by a violation of section
46a-66 or
46a-81f may bring an action under this section against a creditor, as defined in section
46a-65, in the superior court for the judicial district in which such aggrieved person resides or in which the alleged violation took place.
(b) Any such creditor who fails to comply with any requirement of section 46a-66 or 46a-81f or the regulations adopted pursuant to section 46a-67 shall be liable to an aggrieved person in an amount equal to the sum of any actual damages sustained by such person.
(c) Any such creditor who fails to comply with any requirement of section 46a-66 or 46a-81f or the regulations adopted pursuant to section 46a-67 shall be liable to an aggrieved person for punitive damages in an amount not greater than one thousand dollars, as determined by the court, in addition to any actual damages provided in subsection (b) of this section.
(d) Any such creditor who fails to comply with any requirement of section 46a-66 or 46a-81f or the regulations adopted pursuant to section 46a-67 may be liable for punitive damages in the case of a class action in such amount as the court may allow, provided the total recovery of punitive damages shall not exceed the lesser of five thousand dollars or one per cent of the net worth of the creditor. In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor's failure of compliance was intentional.
(e) No action may be brought under this section except within one year from the date of the occurrence of the violation.
(P.A. 76-171, S. 1; P.A. 77-452, S. 63, 72; P.A. 78-280, S. 1, 127; P.A. 80-422, S. 46; P.A. 91-58, S. 33; June Sp. Sess. P.A. 15-5, S. 82.)
History: P.A. 77-452 replaced court of common pleas with superior court and added reference to judicial districts in Subsec. (a); P.A. 78-280 deleted reference to counties; P.A. 80-422 deleted former Subsec. (e) which had specified that there is no liability for acts done or omitted in conformity with commissioner's regulations or opinions, relettering Subsec. (f) accordingly, and made minor wording changes; Sec. 36-438a transferred to Sec. 46a-98 in 1981 and internal section references revised as necessary to reflect their transfer; P.A. 91-58 added references to Sec. 46a-81f; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by substituting “commission” for “Commission on Human Rights and Opportunities”.
Notes of Decisions
Medvalusa Health Programs, Inc. v. Memberworks, Inc., 872 A.2d 423 (Conn. 2005).
· cites it 4× “, General Statutes § 46a-89 (b) (2) (punitive damages limited to $50,000 for discriminatory practice related to rental or sale of dwelling or commercial property or in provision of public accommodations); General Statutes § 46a-98 (d) (punitive damages limited to “the lesser of…”
Tomick v. United Parcel Serv., Inc., 153 A.3d 615 (Conn. 2016).
· cites it 3× “2016) § 46a-98 (c) (providing that creditor who has engaged in discriminatory credit practices and "who fails to comply with any requirement of section 46a-66 or 46a-81f or the regulations adopted pursuant to section 46a-67 shall be liable to an aggrieved person for punitive…”
Harty v. Cantor Fitzgerald & Co., 881 A.2d 139 (Conn. 2005).
· cites it 2× “…22-351a; General Statutes § 31-51q; General Statutes § 31-290a; General Statutes § 35-53; General Statutes § 42-110g; General Statutes § 46a-98; General Statutes § 47-278; General Statutes § 52-240b. We further note that, in none of the aforementioned statutes has the…”
Solomon v. Gilmore, 731 A.2d 280 (Conn. 1999).
“o disclose any of the material particulars of any secondary mortgage loan transaction, including disclosures required by part III of chapter 669 or regulations adopted pursuant thereto, to anyone entitled to such information; (3) violated any of the provisions of sections…”
Zamore v. Dyer, 597 F. Supp. 923 (D. Conn. 1984).
· cites it 2× “§ 46a-60 does not grant a private right of action such as that granted in Title VII or that granted in Conn.Gen.Stat. § 46a-98, the law forbidding sex discrimination in a determination to grant or withhold credit.”
Town of West Hartford v. Operation Rescue, 726 F. Supp. 371 (D. Conn. 1989).
“2d 622 (1985); compare §§ 46a-98, 98a, 99 (creating private actions for other discriminatory conduct, but not for violations of § 46a-58).”
Tomick v. United Parcel Serv., Inc. (Conn. 2017).
· cites it 2× “2016) § 46a-98 (c) (providing that creditor who has engaged in discriminatory credit practices and ‘‘who fails to comply with any require- ment of section 46a-66 or 46a-81f or the regulations adopted pursuant to section 46a-67 shall be liable to an aggrieved person for punitive…”
Comm'n on Human Rights & Opportunities v. Cantillon (Conn. 2023).
· cites it 2× “, General Statutes § 35-53 (b) (capping punitive damages in wilful and malicious misappropriation actions); General Statutes § 46a-89 (b) (2) (C) (same, discriminatory housing and public accommodations practices actions); General Statutes § 46a-98 (c) and (d) (same,…”
Tomick v. United Parcel Serv., Inc. (Conn. App. Ct. 2015).
· cites it 2× “See General Statutes § 46a-98 (c) and (d) (explicitly providing punitive damages in cases of discriminatory credit practices with a specified maxi- mum cap); General Statutes § 46a-98a (authorizing puni- tive damages in cases of housing discrimination pursuant to General…”
— Conn. Gen. Stat. § 46a-98(d) — 1 case
Medvalusa Health Programs, Inc. v. Memberworks, Inc., 872 A.2d 423 (Conn. 2005).
“, General Statutes § 46a-89 (b) (2) (punitive damages limited to $50,000 for discriminatory practice related to rental or sale of dwelling or commercial property or in provision of public accommodations); General Statutes § 46a-98 (d) (punitive damages limited to “the lesser of…”
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