CHAPTER
743b* NEW AUTOMOBILE WARRANTIES
Sec. 42-179.
New motor vehicle warranties.
Leased vehicles. Resales. Transfers. Manufacturer buybacks.
(a) As used in this chapter:
(1) "Consumer"
means the purchaser, other than for purposes of resale, of a motor
vehicle, a lessee of a motor vehicle, any person to whom such motor
vehicle is transferred during the duration of an express warranty
applicable to such motor vehicle, and any person entitled by the terms of
such warranty to enforce the obligations of the warranty; and
(2) "motor vehicle"
means a passenger motor vehicle, a passenger and commercial motor vehicle
or a motorcycle, as defined in section 14-1, which is sold or leased in
this state.
(b) If a new motor vehicle does not conform
to all applicable express warranties, and the consumer reports the
nonconformity to the manufacturer, its agent or its authorized dealer
during the period of two years following the date of original delivery of
the motor vehicle to a consumer or during the period of the first
twenty-four thousand miles of operation, whichever period ends first, the
manufacturer, its agent or its authorized dealer shall make such repairs
as are necessary to conform the vehicle to such express warranties,
notwithstanding the fact that such repairs are made after the expiration
of the applicable period.
(c) No consumer shall be required to notify
the manufacturer of a claim under this section and sections 42-181 to
42-184, inclusive, unless the manufacturer has clearly and conspicuously
disclosed to the consumer, in the warranty or owner's manual, that written
notification of the nonconformity is required before the consumer may be
eligible for a refund or replacement of the vehicle. The manufacturer
shall include with the warranty or owner's manual the name and address to
which the consumer shall send such written notification.
(d) If the manufacturer or its agents or
authorized dealers are unable to conform the motor vehicle to any
applicable express warranty by repairing or correcting any defect or
condition which substantially impairs the use, safety or value of the
motor vehicle to the consumer after a reasonable number of attempts, the
manufacturer shall replace the motor vehicle with a new motor vehicle
acceptable to the consumer, or accept return of the vehicle from the
consumer and refund to the consumer, lessor and lienholder, if any, as
their interests may appear, the following:
(1) The full contract price, including but
not limited to, charges for undercoating, dealer preparation and
transportation and installed options,
(2) all collateral charges, including but not
limited to, sales tax, license and registration fees, and similar
government charges,
(3) all finance charges incurred by the
consumer after he first reports the nonconformity to the manufacturer,
agent or dealer and during any subsequent period when the vehicle is out
of service by reason of repair, and
(4) all incidental damages as defined in
section 42a-2-715, less a reasonable allowance for the consumer's use of
the vehicle. No authorized dealer shall be held liable by the manufacturer
for any refunds or vehicle replacements in the absence of evidence
indicating that dealership repairs have been carried out in a manner
inconsistent with the manufacturers' instructions. Refunds or replacements
shall be made to the consumer, lessor and lien holder if any, as their
interests may appear. A reasonable allowance for use shall be that amount
obtained by multiplying the total contract price of the vehicle by a
fraction having as its denominator one hundred twenty thousand and having
as its numerator the number of miles that the vehicle traveled prior to
the manufacturer's acceptance of its return. It shall be an affirmative
defense to any claim under this section
(1) that an alleged nonconformity does not
substantially impair such use, safety or value or
(2) that a nonconformity is the result of
abuse, neglect or unauthorized modifications or alterations of a motor
vehicle by a consumer.
(e) It shall be presumed that a reasonable
number of attempts have been undertaken to conform a motor vehicle to the
applicable express warranties, if
(1) the same nonconformity has been subject
to repair four or more times by the manufacturer or its agents or
authorized dealers during the period of two years following the date of
original delivery of the motor vehicle to a consumer or during the period
of the first twenty-four thousand miles of operation, whichever period
ends first, but such nonconformity continues to exist or
(2) the vehicle is out of service by reason
of repair for a cumulative total of thirty or more calendar days during
the applicable period, determined pursuant to subdivision (1) of this
subsection. Such two-year period and such thirty-day period shall be
extended by any period of time during which repair services are not
available to the consumer because of a war, invasion, strike or fire,
flood or other natural disaster. No claim shall be made under this section
unless at least one attempt to repair a nonconformity has been made by the
manufacturer or its agent or an authorized dealer or unless such
manufacturer, its agent or an authorized dealer has refused to attempt to
repair such nonconformity.
(f) If a motor vehicle has a nonconformity
which results in a condition which is likely to cause death or serious
bodily injury if the vehicle is driven, it shall be presumed that a
reasonable number of attempts have been undertaken to conform such vehicle
to the applicable express warranties if the nonconformity has been subject
to repair at least twice by the manufacturer or its agents or authorized
dealers within the express warranty term or during the period of one year
following the date of the original delivery of the motor vehicle to a
consumer, whichever period ends first, but such nonconformity continues to
exist. The term of an express warranty and such one-year period shall be
extended by any period of time during which repair services are not
available to the consumer because of war, invasion, strike or fire, flood
or other natural disaster.
(g)
(1) No motor vehicle which is returned to any
person pursuant to any provision of this chapter or in settlement of any
dispute related to any complaint made under the provisions of this chapter
and which requires replacement or refund shall be resold, transferred or
leased in the state without clear and conspicuous written disclosure of
the fact that such motor vehicle was so returned prior to resale or lease.
Such disclosure shall be affixed to the motor vehicle and shall be
included in any contract for sale or lease. The Commissioner of Motor
Vehicles shall, by regulations adopted in accordance with the provisions
of chapter 54, prescribe the form and content of any such disclosure
statement and establish provisions by which the commissioner may remove
such written disclosure after such time as the commissioner may determine
that such motor vehicle is no longer defective.
(2) If a manufacturer accepts the return of a
motor vehicle or compensates any person who accepts the return of a motor
vehicle pursuant to subdivision (1) of this subsection such manufacturer
shall stamp the words "MANUFACTURER BUYBACK" clearly and conspicuously on
the face of the original title in letters at least one-quarter inch high
and, within ten days of receipt of the title, shall submit a copy of the
stamped title to the Department of Motor Vehicles. The Department of Motor
Vehicles shall maintain a listing of such buyback vehicles and in the case
of any request for a title for a buyback vehicle, shall cause the words
"MANUFACTURER BUYBACK" to appear clearly and conspicuously on the face of
the new title in letters which are at least one-quarter inch high. Any
person who applies for a title shall disclose to the department the fact
that such vehicle was returned as set forth in this subsection.
(3) If a manufacturer accepts the return of a
motor vehicle from a consumer due to a nonconformity or defect, in
exchange for a refund or a replacement vehicle, whether as a result of an
administrative or judicial determination, an arbitration proceeding or a
voluntary settlement, the manufacturer shall notify the Department of
Motor Vehicles and shall provide the department with all relevant
information, including the year, make, model, vehicle identification
number and prior title number of the vehicle. The Commissioner of Motor
Vehicles shall adopt regulations in accordance with chapter 54 specifying
the format and time period in which such information shall be provided and
the nature of any additional information which the commissioner may
require.
(4) The provisions of this subsection shall
apply to motor vehicles originally returned in another state from a
consumer due to a nonconformity or defect in exchange for a refund or
replacement vehicle and which a lessor or transferor with actual knowledge
subsequently sells, transfers or leases in this state.
(h) All express and implied warranties
arising from the sale of a new motor vehicle shall be subject to the
provisions of part 3 of article 2 of title 42a.
(i) Nothing in this section shall in any way
limit the rights or remedies which are otherwise available to a consumer
under any other law.
(j) If a manufacturer has established an
informal dispute settlement procedure which is certified by the Attorney
General as complying in all respects with the provisions of Title 16 Code
of Federal Regulations Part 703, as in effect on October 1, 1982, and with
the provisions of subsection (b) of section 42-182, the provisions of
subsection (d) of this section concerning refunds or replacement shall not
apply to any consumer who has not first resorted to such procedure.
(P.A. 82-287; P.A.
83-351, S. 1;
83-458; P.A.
84-338, S. 3, 8;
84-429, S. 75; P.A.
85-331, S. 1, 6;
85-613, S. 132, 154; P.A.
87-342, S. 1, 5;
87-522, S. 2, 6; P.A.
89-173, S. 1, 2; P.A.
92-190; P.A.
93-435, S. 14, 95.)
History: P.A. 83-351 amended Subsec. (a) to
provide that the definitions therein also apply to Sec. 42-180; P.A.
83-458 amended Subsec. (c) by prohibiting manufacturers from holding
dealers liable for refunds or vehicle replacements under certain
circumstances; P.A. 84-338 created a period during which a consumer may
require a manufacturer or dealer to repair a nonconformity existing in a
new motor vehicle sold on or after July 1, 1984, outlined requirements
concerning notifying the manufacturer of a nonconformity, specified the
elements included in a refund of the contract price, required that a
replacement vehicle be acceptable to the consumer, defined a defect as
anything which impairs the use, safety or value of the vehicle, redefined
the amount deducted for reasonable allowance for use, required disclosure
that any vehicle which requires refund or replacement and which is being
resold has been returned, and established that a manufacturer's informal
dispute resolution procedure must comply with Title 16, Code of Federal
Regulations Part 703 as in effect on October 1, 1982; P.A. 84-429 made
technical changes for statutory consistency; P.A. 85-331 amended Subsec. (i)
by specifying that a manufacturer's informal dispute resolution procedure
must be certified by the attorney general as complying with Title 16 Code
of Federal Regulations, Part 703, as in effect on October 1, 1982, and
with the provisions of Subsec. (b) of Sec. 42-182, or order to come within
the provision of this section; P.A. 85-613 made technical changes in
Subsec. (e); P.A. 87-342 extended the provisions of the section to leased
vehicles, removed obsolete language and made technical changes; P.A.
87-522 amended Subsecs. (b) and (e) by removing archaic language and
making other technical changes, inserted a new Subsec. (f) concerning
motor vehicles which have a nonconformity which results in a condition
which is likely to cause death or serious bodily injury if the vehicle is
driven, relettered the remaining existing Subsecs. and amended the
relettered Subsec. (g) by requiring a manufacturer who accepts the return
of a motor vehicle due to a defect or nonconformity to notify the
department of motor vehicles; P.A. 89-173 amended Subsec. (e) to require
at least one repair attempt prior to making of a claim and amended Subsec.
(g) to require persons other than manufacturers to make disclosures and to
provide for regulations by the commissioner of motor vehicles concerning
the format, nature and time period of information required; P.A. 92-190
amended Subsec. (g) to make chapter apply to "transferred" vehicles and to
specify that the required written disclosure "shall be affixed to the
motor vehicle and shall be included in any contract for sale or lease",
dividing Subsec. into Subdivs. and adding provisions designated as Subdiv.
(2) which, among other things, provided for the stamping of the words
"manufacturer buyback" on the original title of any buyback vehicle and
added Subdiv. (4) specifying applicability to vehicles returned in another
state because of nonconformity or defect and subsequently sold in this
state; P.A. 93-435 reinstated language last printed in the 1991 revision,
but dropped in the 1993 revision due to a clerical error, effective June
28, 1993.
Cited. 203 C. 63, 67, 69, 71, 73, 74, 78. Cited. 209 C. 579, 584587. Lemon
law I cited. Id. Cited. 212 C. 83, 88. Motorcycles fall within definition
of "motor vehicle". 40 CS 156158. Subsec. (a): Cited. 40 CS 156, 157. Subsec. (d): Cited. 203 C. 63, 78, 79. Cited. 209 C. 579, 587. Cited. 213
C. 136, 140, 142, 143. Subsec. (g): Cited. 209 C. 579, 587. Subsec. (i):
Cited. 209 C. 579, 587. Cited. 212 C. 83, 88, 89, 93.
Sec. 42-179a. Copies of paperwork or invoices.
A dealer or authorized agent of a manufacturer shall, upon the request of
a consumer, provide such consumer with copies of any paperwork or invoices
related to repair work performed on such consumer's automobile in
accordance with the provisions of subsection (b) of section 42-179. Any
person who violates the provisions of this section shall be guilty of an
infraction.
(P.A. 85-331, S. 4, 6.) Cited. 203
C. 63, 73, 74. Cited. 209 C. 579, 585.
Sec. 42-179b. Dealers and lessors to deliver information.
Each motor vehicle dealer, as defined in subsection (11) of section 14-1,
and each person engaged in the business of leasing new motor vehicles
shall, at the time of sale or execution of the lease of any new motor
vehicle, deliver to the consumer, as defined in subdivision (1) of
subsection (a) of section 42-179, of such vehicle written information, in
a form approved by the Commissioner of Consumer Protection, which explains
the new automobile warranty and dispute settlement program established
pursuant to this chapter.
(P.A. 89-173, S. 4.)
Sec. 42-180.
Costs and attorney's fees in breach of warranty actions.
In any action by a consumer against the manufacturer of a motor vehicle,
or the manufacturer's agent or authorized dealer, based upon the alleged
breach of an express or implied warranty made in connection with the sale
or lease of such motor vehicle, the court, in its discretion, may award to
the plaintiff his costs and reasonable attorney's fees or, if the court
determines that the action was brought without any substantial
justification, may award costs and reasonable attorney's fees to the
defendant.
(P.A. 83-351, S. 2; P.A.
87-342, S. 2, 5.) History: P.A.
87-342 extended provisions of
section to leased vehicles. Cited. 209 C. 579, 586, 587.
Sec. 42-181.
Department arbitration procedure. Records.
Appeals.
(a) The Department of Consumer Protection,
shall provide an independent arbitration procedure for the settlement of
disputes between consumers and manufacturers of motor vehicles which do
not conform to all applicable warranties under the terms of section
42-179. The commissioner shall establish one or more automobile dispute
settlement panels which shall consist of three members appointed by the
Commissioner of Consumer Protection, only one of whom may be directly
involved in the manufacture, distribution, sale or service of any product.
Members shall be persons interested in consumer disputes and shall serve
without compensation for terms of two years at the discretion of the
commissioner. In lieu of referring an arbitration dispute to a panel
established under the provisions of this section, the Department of
Consumer Protection may refer an arbitration dispute to the American
Arbitration Association in accordance with regulations adopted in
accordance with the provisions of chapter 54.
(b) If any motor vehicle purchased at any
time on or after October 1, 1984, or leased at any time on or after June
17, 1987, fails to conform to such applicable warranties as defined in
said section 42-179, a consumer may bring a grievance to an arbitration
panel if the manufacturer of the vehicle has not established an informal
dispute settlement procedure which the Attorney General has certified as
complying in all respects with the requirements of said section 42-179.
The consumer may initiate a request for arbitration by calling a toll-free
telephone number designated by the commissioner or by requesting an
arbitration hearing in writing. The consumer shall file, on forms
prescribed by the commissioner, any information deemed relevant to the
resolution of the dispute and shall return the form accompanied by a
filing fee of fifty dollars. Such complaint form shall offer the consumer
a choice of presenting any subsequent testimony orally or in writing.
Prior to submitting the complaint to an arbitration panel, the Department
of Consumer Protection shall conduct an initial review of the complaint.
The department shall determine whether the complaint should be accepted or
rejected for arbitration based on whether it alleges that the manufacturer
has failed to comply with section 42-179. The filing fee shall be refunded
if the department determines that a complaint does not allege a violation
of any applicable warranty under the requirements of said section 42-179.
Upon acceptance of the complaint, the commissioner shall notify the
manufacturer of the filing of a request for arbitration and shall obtain
from the manufacturer, in writing on a form prescribed by the
commissioner, any information deemed relevant to the resolution of the
dispute. The manufacturer shall return the form within fifteen days of
receipt, together with a filing fee of two hundred fifty dollars. A lessee
who brings a grievance to an arbitration panel under this section shall,
upon filing the complaint form provided for in this section, provide the lessor with notice by registered or certified mail, return receipt
requested, and the lessor may petition the arbitration panel to be made a
party to the arbitration proceedings. Initial determinations to reject a
complaint for arbitration shall be submitted to an arbitration panel for a
final decision upon receipt of a written request from the consumer for a
review of the initial eligibility determination and a filing fee of fifty
dollars. If a complaint is accepted for arbitration, an arbitration panel
may determine that a complaint does not allege that the manufacturer has
failed to comply with section 42-179 at any time before such panel renders
its decision on the merits of the dispute. The fee accompanying the
consumer's complaint form shall be refunded to the consumer and the fee
accompanying the form filed by the manufacturer shall be refunded to the
manufacturer if the arbitration panel determines that a complaint does not
allege a violation of the provisions of section 42-179.
(c) The Department of Consumer Protection
shall investigate, gather and organize all information necessary for a
fair and timely decision in each dispute. The commissioner may issue
subpoenas on behalf of any arbitration panel to compel the attendance of
witnesses and the production of documents, papers and records relevant to
the dispute. The department shall forward a copy of all written testimony,
including all documentary evidence, to an independent technical expert
certified by the National Institute of Automotive Service Excellence or
having a degree or other credentials from a nationally recognized
organization or institution attesting to automotive expertise, who shall
review such material and be available to advise and consult with the
arbitration panel. An expert shall sit as a nonvoting member of an
arbitration panel whenever oral testimony is presented. Such experts may
be recommended by the Commissioner of Motor Vehicles at the request of the
Commissioner of Consumer Protection. An arbitration panel shall, as
expeditiously as possible, but not later than sixty days after the time
the consumer files the complaint form together with the filing fee, render
a fair decision based on the information gathered and disclose its
findings and the reasons therefor to the parties involved. The failure of
the arbitrators to render a decision within sixty days shall not void any
subsequent decision or otherwise limit the powers of the arbitrators. The
arbitration panel shall base its determination of liability solely on
whether the manufacturer has failed to comply with section 42-179. The
arbitration decision shall be final and binding as to the rights of the
parties pursuant to section 42-179, subject only to judicial review as set
forth in this subsection. The decision shall provide appropriate remedies,
including, but not limited to one or more of the following:
(1) Replacement of the vehicle with an
identical or comparable new vehicle acceptable to the consumer;
(2) Refund of the full contract price, plus
collateral charges as specified in subsection (d) of said section 42-179;
(3) Reimbursement for expenses and
compensation for incidental damages as specified in subsection (d) of said
section 42-179;
(4) Any other remedies available under the
applicable warranties, section 42-179, this section and sections 42-182 to
42-184, inclusive, or the Magnuson-Moss Warranty-Federal Trade Commission
Improvement Act, 88 Stat. 2183 (1975), 15 USC 2301 et seq., as in effect
on October 1, 1982, other than repair of the vehicle. The decision shall
specify a date for performance and completion of all awarded remedies.
Notwithstanding any provision of the general statutes or any regulation to
the contrary, the Department of Consumer Protection shall not amend,
reverse, rescind or revoke any decision or action of an arbitration panel.
The department shall contact the consumer, within ten working days after
the date for performance, to determine whether performance has occurred.
The manufacturer shall act in good faith in abiding by any arbitration
decision. In addition, either party to the arbitration may make
application to the superior court for the judicial district in which one
of the parties resides or, when the court is not in session, any judge
thereof for an order confirming, vacating, modifying or correcting any
award, in accordance with the provisions of this section and sections
52-417, 52-418, 52-419 and 52-420. Upon filing such application the moving
party shall mail a copy of the application to the Attorney General and,
upon entry of any judgment or decree, shall mail a copy of such judgment
or decree to the Attorney General. A review of such application shall be
confined to the record of the proceedings before the arbitration panel.
The court shall conduct a de novo review of the questions of law raised in
the application. In addition to the grounds set forth in sections 52-418
and 52-419, the court shall consider questions of fact raised in the
application. In reviewing questions of fact, the court shall uphold the
award unless it determines that the factual findings of the arbitrators
are not supported by substantial evidence in the record and that the
substantial rights of the moving party have been prejudiced. If the
arbitrators fail to state findings or reasons for the award, or the stated
findings or reasons are inadequate, the court shall search the record to
determine whether a basis exists to uphold the award. If it is determined
by the court that the manufacturer has acted without good cause in
bringing an appeal of an award, the court, in its discretion, may grant to
the consumer his costs and reasonable attorney's fees. If the manufacturer
fails to perform all awarded remedies by the date for performance
specified by the arbitrators, and the enforcement of the award has not
been stayed pursuant to subsection (c) of
section 52-420, then each additional day the manufacturer wilfully fails
to comply shall be deemed a separate violation for purposes of section
42-184.
(d) The department shall maintain such
records of each dispute as the commissioner may require, including an
index of disputes by brand name and model. The department shall annually
compile and maintain statistics indicating the record of manufacturer
compliance with arbitration decisions and the number of refunds or
replacements awarded. A copy of the statistical summary shall be filed
with the Commissioner of Motor Vehicles and shall be considered by him in
determining the issuance of any manufacturer license as required under
section 14-67a. The summary shall be a public record.
(e) If a manufacturer has not established an
informal dispute settlement procedure certified by the Attorney General as
complying with the requirements of said section 42-179, public notice of
the availability of the department's automobile dispute settlement
procedure shall be prominently posted in the place of business of each new
car dealer licensed by the Department of Motor Vehicles to engage in the
sale of such manufacturer's new motor vehicles. Display of such public
notice shall be a condition of licensure under sections 14-52 and 14-64.
The Commissioner of Consumer Protection shall determine the size, type
face, form and wording of the sign required by this section, which shall
include the toll-free telephone number and the address to which requests
for the department's arbitration services may be sent.
(f) Any consumer injured by the operation of
any procedure which does not conform with procedures established by a
manufacturer pursuant to subsection (b) of section 42-182 and the
provisions of Title 16 Code of Federal Regulations Part 703, as in effect
on October 1, 1982, may appeal any decision rendered as the result of such
a procedure by requesting arbitration de novo of the dispute by an
arbitration panel. Filing procedures and fees for appeals shall be the
same as those required in subsection (b) of this section. The findings of
the manufacturer's informal dispute settlement procedure may be admissible
in evidence at such arbitration panel hearing and in any civil action
subsequently arising out of any warranty obligation or matter related to
the dispute. Any consumer so injured may, in addition, request the
Attorney General to investigate the manufacturer's procedure to determine
whether its certification shall be suspended or revoked after proper
notice and hearing. The Attorney General shall establish procedures for
processing such consumer complaints and maintain a record of the
disposition of such complaints, which record shall be included in the
annual report prepared in accordance with the provisions of subsection (a)
of section 42-182.
(g) The Commissioner of Consumer Protection
shall adopt regulations, in accordance with the provisions of chapter 54,
to carry out the purposes of this section. Written copies of the
regulations and appropriate arbitration hearing procedures shall be
provided to any person upon request.
(P.A. 84-338, S. 1; P.A.
85-331, S. 2, 6; P.A.
87-342, S. 3, 5;
87-522, S. 3, 6; P.A.
89-173, S. 3, 7; P.A. 90-8, S. 1, 2; P.A.
96-259, S. 1.)
History: P.A.
85-331 changed department panel to arbitration panel, deleted the
requirement that a consumer return the complaint form within five days
from Subsec. (b), sanctioned the use of a
technical expert with credentials from a nationally recognized
organization, prohibited the commissioner from altering the decision of an
arbitration panel, and allowed either party to appeal the decision of an
arbitration panel to superior court in Subsec. (c),
and in Subsec. (f) required the attorney general to establish procedures
for processing consumer complaints and maintaining records; P.A. 87-342
amended Subsec. (b) by extending the provisions of the section to leased
vehicles; P.A. 87-522 amended Subsec. (b) by providing that the department
of consumer protection shall conduct an initial review of a complaint, and
that such initial review may be reviewed by an arbitration panel upon
written request of a consumer, provided such panel may determine that the
complaint does not allege a violation of Sec. 42-179 at any time and
amended Subsec. (c) by providing that the failure of the
arbitrators to render a decision within sixty days shall not void any
subsequent decision or otherwise limit the power of the arbitrators,
eliminated the remedy of repair of the vehicle, requiring a party moving
for an order confirming or modifying any award to mail a copy of the
application as subsequent entry of judgment to the attorney general and
provided that each day a manufacturer fails to perform all awarded
remedies shall be deemed a separate violation for purposes of Sec. 42-184;
P.A. 89-173 amended Subdiv. (4) of Subsec. (c) to
exclude repair from the list of remedies; P.A. 90-8 amended Subsec. (c) to
specify that arbitration panel is to base its determination of liability
solely on question of compliance with Sec. 42-179, to specify that
decision is final and binding subject only to judicial review and to
specify limits of inquiry under judicial review; P.A. 96-259 amended
Subsec. (d) to require the department to compile statistics
annually rather than at intervals of no more than six months.
Cited. 203 C. 63, 65, 66, 70, 7380. Cited. 209 C. 579581, 583, 585, 586,
589, 590, 592594, 596. Lemon Law II cited. Id. Cited. 212 C. 83, 84, 8894,
97. Lemon Law II cited. Id. Cited. 213 C. 136138, 141, 142, 144. Lemon Law
II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id. Subsec.
(a): Cited. 212 C. 83, 88. Subsec. (b): Cited. 203 C. 63, 66, 73. Cited.
209 C. 579, 585, 595. Cited. 212 C. 83, 88, 90, 98. Subsec. (c): Cited.
203 C. 63, 66, 73, 78. Court concluded general assembly intended to
authorize arbitrators to award reasonable attorneys' fees to consumers who
prevail. 209 C. 579, 585, 595. Subdiv. (5) cited. Id., 579, 587,
588, 593. Subdiv. (4) cited. Id., 579, 589. Judicial review procedures are
constitutionally insufficient. 212 C. 83, 84, 8890, 93, 9597. Subdiv. (2)
cited. 213 C. 136, 142. Cited. 226 C. 475, 492. Subsec. (e): Cited. 212 C.
83, 88. Subsec. (g): Cited. 203 C. 63, 66.
Sec. 42-182.
Certification of manufacturer's informal
dispute settlement procedures.
(a) The Attorney General shall prepare an
annual report evaluating the operation of informal dispute settlement
procedures established by manufacturers of new motor vehicles and shall
issue a certificate of approval to those manufacturers whose settlement
procedures comply in all respects with the provisions of Title 16 Code of
Federal Regulations Part 703, as in effect on October 1, 1982, and with
the provisions of subsection (b) of this
section. The report and certification shall be public records. The
Attorney General or an agent authorized by him may conduct any inquiry or
investigation in connection with the certification or evaluation of a
manufacturer's informal dispute settlement procedure and may hold
hearings, issue subpoenas requiring the attendance of witnesses and the
production of records, documents or other evidence in connection
therewith, administer oaths, examine witnesses, receive oral and
documentary evidence and issue written interrogatories prescribing a
return date which would allow a reasonable time to respond, which
responses shall be under oath. Service of subpoenas compelling testimony
or the production of documents and written interrogatories as provided
herein, may be made by
(1) personal service or service at the usual
place of abode; or
(2) registered or certified mail, return
receipt requested, a duly executed copy of which shall be addressed to the
person to be served at his principal place of business in this state, or,
if said person has no principal place of business in this state, to his
principal office or to his residence. In the event that any person shall
fail to comply with a subpoena or with interrogatories issued pursuant to
this section, the Attorney General or an agent authorized by him may apply
to the superior court for the judicial district of Hartford for
compliance, which court may, upon notice to such person, issue an order
requiring such compliance, which shall be served upon such person.
Hearings under this subsection shall be held in the manner provided for
contested cases under sections 4-176e to 4-181a, inclusive, except that no
informal disposition may be made by stipulation, agreed settlement,
consent order or default, in any proceeding concerning the certification
of an automobile manufacturer's informal dispute settlement procedure
unless such proceeding is open to the public in accordance with the
provisions of section 1- 225. The Attorney General, after notice and
hearing, may suspend or revoke the certification of an automobile
manufacturer's informal dispute settlement procedure which violates the
provisions of subsection (b) of this section or the provisions of Title 16
Code of Federal Regulations Part 703, as in effect on October 1, 1982. Any
person aggrieved by a decision of the Attorney General or his authorized
agent, may appeal in accordance with the provisions of sections 4-183 and
4-184. Section 4-184a shall be applicable to such appeals. Hearings,
meetings and conferences, except telephone conversations, relating to
evaluation and certification shall be open to the public in accordance
with the provisions of section 1-225. If the Attorney General certifies a
manufacturer's informal dispute settlement procedure, the provisions of
subsection (d) of section 42-179 concerning refunds or replacement shall
not apply to any consumer who has not first resorted to such procedure. A
copy of the Attorney General's report and certification shall be forwarded
by the Attorney General to the Commissioner of Motor Vehicles, who may
consider such report and certification in determining the fitness of an
applicant for a manufacturer's license to engage in business as a
manufacturer of motor vehicles for sale in this state, as provided for in
section 14-67a.
(b) A manufacturer's informal dispute
procedure shall not include any practices which:
(1) Delay a decision in any dispute beyond
sixty days after the date on which the consumer initially resorts to the
informal dispute settlement procedure either by a telephone call or by
written notification that a dispute exists;
(2) delay performance of remedies awarded in
a settlement beyond ten days after receipt of notice of the consumer's
acceptance of the decision, except that a manufacturer may have thirty
days following the date of such receipt to deliver a replacement of a
motor vehicle acceptable to the consumer or to refund the full contract
price of the vehicle together with all collateral charges, and all
consequential and incidental damages as defined in said section 42- 179;
(3) require the consumer to make the vehicle
available more than once for inspection by a manufacturer's
representative, and more than once for repair of the same defect by a
dealer, in which cases, and upon proof of the consumer's financial
responsibility in accordance with the provisions of section 14-112, the
manufacturer of the defective vehicle shall provide for the loan of a
reliable vehicle, not more than two years old, for use during the periods
required for inspection or repair;
(4) fail to consider in decisions any
remedies provided by sections 42-179 and 42-181, this section and sections
42-183 and 42-184, such remedies to include
(A) repair, replacement and refund,
(B) reimbursement for expenses and collateral
charges,
(C) compensation for consequential and
incidental damages as defined in said section 42-179 and
(D) any other remedies available under
applicable express or implied warranties;
(5) require the consumer to take any action
or assume any obligation not specifically authorized under the provisions
of Title 16 Code of Federal Regulations Part 703, as in effect on October
1, 1982; or (6) fail to conform to all applicable standards and
requirements of this chapter in the processing of consumer complaints.
(c) Any manufacturer operating or
participating in an informal dispute settlement procedure for resolving
disputes with consumers in this state shall be required to maintain
records which indicate the number of:
(1) Vehicles sold in this state during the
reporting period;
(2) telephone and written requests from
consumers to enter the dispute resolution program;
(3) requests rejected as ineligible for the
program;
(4) requests accepted for resolution by the
program;
(5) cases in which a decision was reached and
the manufacturer has complied with the decision within the time period for
compliance established by the decision;
(6) cases in which a decision was reached and
the manufacturer's compliance occurred after the expiration of the time
period for compliance established by the decision;
(7) cases in which a decision was reached,
the time period for compliance has expired and the manufacturer has not
complied with such decision;
(8) cases in which a decision was reached and
the time period for compliance has not yet expired;
(9) cases in which a decision awarded no
relief to the consumer;
(10) cases in which a decision awarded the
consumer further repair or extended warranty;
(11) cases in which a decision required the
manufacturer to accept the return of the vehicle and a refund was issued
to the consumer;
(12) cases in which a decision required the
manufacturer to accept the return of the vehicle and a replacement vehicle
was provided to the consumer;
(13) cases in which a decision is pending;
(14) cases in which the consumer accepted the
decision;
(15) cases in which the consumer rejected the
decision;
(16) cases resolved by predecision
settlement.
(P.A. 84-338, S. 2, 8; P.A.
85-331, S. 3, 6; P.A.
87-522, S. 5, 6; P.A.
88-230, S. 1, 12;
88-317, S. 94, 107; P.A.
90-98, S. 1, 2; P.A.
93-142, S. 4, 7, 8; P.A.
95-220, S. 46.) *Note: On and after September 1, 1998, the
phrase "judicial district of Hartford" shall
be substituted for "judicial district of
Hartford-New Britain".
History: P.A.
85-331 empowered the attorney general to conduct hearings in
connection with the certification or evaluation of manufacturer's informal
dispute settlement procedures, prohibited informal dispositions, unless
such proceeding is open to the public, provided for the revocation of
certification, appeals from decisions of the attorney general, required
meetings relating to certification or evaluation to be open to the public,
deleted the attorney general's power to adopt regulations, prohibited
manufacturer's settlement procedures from failing to conform to standards
of this chapter in processing consumer complaints; P.A. 87-522 amended Subsec. (a) by authorizing the attorney general to issue written
interrogatories and prescribing the manner in which subpoenas may be
served, and amended Subsec. (c) by specifying the type of records which
manufacturers operating or participating in informal dispute settlement
procedure are required to keep; P.A. 88-230 replaced "judicial district of
Hartford-New Britain" with "judicial district of Hartford", effective
September 1, 1991; P.A. 88-317 amended reference to Secs. 4-177 to 4-181
in Subsec. (a) to include new sections added to Ch. 54, effective July 1,
1989, and applicable to all agency proceedings commencing on or after that
date; P.A. 90-98 changed the effective date of P.A. 88-230 from September
1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of
P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June
14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from
September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 203 C. 63, 65, 66, 70, 7380. Cited. 209 C. 579, 585, 586, 589, 590,
592594, 596. Lemon Law II cited. Id. Cited. 212 C. 8385, 8893, 97. Lemon
Law II cited. Id. Cited. 213 C. 136, 137, 141, 142, 144. Lemon Law II
cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id. Subsec.
(b): Cited. 209 C. 579, 587.
Sec. 42-183.
Institution of proceedings.
The Commissioner of Consumer Protection may, in consultation with the
Commissioner of Motor Vehicles, request institution of proceedings under
section 14-67c against any manufacturer found to have failed to comply
with the provisions of sections 42-179, 42-181 and 42-182, this section
and section 42-184.
(P.A. 84-338, S. 4, 8.) Cited. 203
C. 63, 65, 66, 70, 7380. Cited. 209 C. 579, 585, 586, 589, 590, 592594,
596. Lemon Law II cited. Id. Cited. 212 C. 83, 84, 8893, 97. Lemon Law II
cited. Id. Cited. 213 C. 136, 137, 141, 142, 144. Lemon Law II cited. Id.
Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id.
Sec. 42-184.
Unfair trade practices.
A violation of any of the provisions of sections 42-179 and 42-181 to
42-183, inclusive, shall be deemed an unfair or deceptive trade practice
under chapter 735a.
(P.A. 84-338, S. 5, 8.) Cited. 203
C. 63, 65, 66, 70, 7380. Cited. 209 C. 579, 585, 586, 589, 590, 592594,
596. Lemon Law II cited. Id. Cited. 212 C. 83, 84, 8893, 97. Lemon Law II
cited. Id. Cited. 213 C. 136, 137, 141, 142, 144. Lemon Law II cited. Id.
Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id.
Sec. 42-185.
Waiver of filing fees, statement prohibited.
Notwithstanding the provisions of any general statute, regulation or grant
of authority to the contrary, no filing fee or statement required under
the provisions of this chapter shall be waived, refunded, reduced or
withheld from use, by the state pursuant to any contract, stipulated
settlement, consent order, administrative directive or by any other means
except as provided in this chapter or by order of a court of competent
jurisdiction made upon proof of economic hardship and a finding that such
settlement, consent order, directive or other action is in the public
interest.
(P.A. 85-331, S. 5, 6.) Cited. 203
C. 63, 73. Cited. 209 C. 579, 585. Cited. 212 C. 83, 84, 8893, 97, 99.
Lemon Law II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited.
Id.
Sec. 42-186.
Action brought by lessee against manufacturer. Lessee to notify lessor.
Lessor authorized to petition to be made a party to proceeding.
In any action by a consumer who is a lessee against the manufacturer of a
motor vehicle, or the manufacturer's agent or authorized dealer, based
upon the alleged breach of an express or implied warranty made in
connection with the lease of such motor vehicle pursuant to section
42-179, the lessee shall, at the time of the service of process upon such
manufacturer, manufacturer's agent or authorized dealer, notify the lessor
of such motor vehicle of such action by registered or certified mail,
return receipt requested, and such lessor may petition the court to be
made a party to the proceedings.
(P.A. 87-342, S. 4, 5.)
Secs. 42-187 to
42-199. Reserved for future use.
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