(a) Nothing in this chapter shall apply to: (1) Transactions or actions otherwise permitted under law as administered by any regulatory board or officer acting under statutory authority of the state or of the United States; or (2) acts done by the publisher, owner, agent or employee of a newspaper, periodical or radio or television station in the publication or dissemination of an advertisement, where the publisher, owner, agent or employee did not have knowledge of the false, misleading, unfair or deceptive character of the advertisement, and did not have direct financial interest in the sale or distribution of the advertised product or service.
(b) The burden of proving exemption, as provided in this section, from the provisions of this chapter shall be upon the person claiming the exemption.
(P.A. 73-615, S. 3, 16; P.A. 75-618, S. 2, 11; P.A. 76-303, S. 2, 4.)
History: P.A. 75-618 referred to “unfair” character of advertisement in Subsec. (a); P.A. 76-303 specified transactions or actions otherwise permitted “under law”.
Cited. 186 C. 507; 190 C. 510; 192 C. 558; 200 C. 172. Municipal housing authority is exempt from liability under CUTPA. 213 C. 354. Cited. 230 C. 486. Municipality is exempt from liability under CUTPA when acting pursuant to a pervasive statutory scheme. 249 C. 1.
Cited. 42 CA 599. Town may not be sued under CUTPA for allegedly overcharging for building permit fees because CUTPA does not apply to the system of issuing building permits and collecting fees which is authorized and regulated by state statute and regulation. 142 CA 326.
Cited. 40 CS 336; 45 CS 11.
Subsec. (a):
Cited. 199 C. 651. Subdiv. (1): CUTPA is subject to the remoteness doctrine as a limitation on standing, and complaint brought re increased power generation at nuclear power station failed to allege direct harm. 300 C. 542.
Structure Connecticut General Statutes
Title 42 - Business, Selling, Trading and Collection Practices
Chapter 735a - Unfair Trade Practices
Section 42-110a. - Definitions.
Section 42-110b. - Unfair trade practices prohibited. Legislative intent.
Section 42-110c. - Exceptions.
Section 42-110d. - Investigation. Hearing. Orders. Enforcement. Disclosure of information.
Section 42-110f. - Powers of receiver. Restitution. Judicial supervision.
Section 42-110g. - Action for damages. Class actions. Costs and fees. Equitable relief. Jury trial.
Section 42-110h. - Class actions.
Section 42-110i. - Settlement of class actions.
Section 42-110j. - Voluntary compliance.
Section 42-110k. - Commissioner's enforcement powers. Court orders.
Section 42-110l. - Assistance by court prosecutors.
Section 42-110m. - Restraining orders or injunctions. Relief.
Section 42-110n. - Consent orders.
Section 42-110o. - Civil penalties.
Section 42-110q. - Service contract agreements. Fee disclosure required.