(a) A holder may impose on the lessee a late charge on a periodic payment that is delinquent for ten days or more in an amount specified in the consumer lease but not exceeding the lesser of ten dollars or five per cent of the unpaid portion of the late periodic payment. A late fee is not enforceable to the extent it exceeds this limit.
(b) A holder may not impose a late charge on a current periodic payment if the only delinquency in the current payment is an amount equal to or less than unpaid late charges imposed on earlier periodic payments, but the lease may impose an additional late charge if all or part of a periodic payment remains delinquent through an additional payment period.
(c) Subject to subsection (b) of this section regarding late charges, a consumer lease may provide for imposition on the lessee of charges for the lessee's delinquency or default, including collection, repossession and court costs, at an amount that is reasonable in light of the anticipated or actual harm caused by the delinquency or default, the difficulties of proof of loss and the inconvenience or unfeasibility of otherwise obtaining an adequate remedy.
(d) A consumer lease may provide for the imposition on the lessee of the holder's reasonable attorney's fees, but the fees are recoverable by the holder only if the holder is represented by an attorney who is not an employee of the holder. If a consumer lease provides for recovery of attorney's fees by the holder, a lessee who successfully defends a collection action is entitled to reasonable attorney's fees from the holder.
(P.A. 02-81, S. 21.)
History: P.A. 02-81 effective July 1, 2003.
Structure Connecticut General Statutes
Title 42 - Business, Selling, Trading and Collection Practices
Chapter 743aa - Consumer Leases
Section 42-390. - Short title: Consumer Leases Act.
Section 42-391. - Definitions.
Section 42-392. - Time of consummation. Expiration. Termination.
Section 42-393. - Scope. Exclusions. Sale incident to lease.
Section 42-394. - Characterization of lease. Applicability by agreement.
Section 42-396. - Waiver. Agreement to forego rights in settlement of claim.
Section 42-397. - Limitation on choice of law and venue.
Section 42-398. - Obligation of good faith.
Section 42-399. - Unconscionability.
Section 42-400. - Relation to Electronic Signatures in Global and National Commerce Act.
Section 42-401. - Advertising.
Section 42-402. - Availability of sample lease form.
Section 42-403. - Disclosure. Form of consumer lease. Copy to lessee.
Section 42-404. - Insurance. Insurance disclosures.
Section 42-405. - Notice to guarantor.
Section 42-407. - Payment or trade-in pending approval of lease. Refund or return.
Section 42-408. - Prohibited lease provisions.
Section 42-409. - Security interest restricted. Security deposit.
Section 42-410. - Late fees. Delinquency and default charges. Attorney's fees.
Section 42-411. - Assignment of lease. Preservation of lessee's claims and defenses.
Section 42-413. - Open-end consumer lease.
Section 42-414. - Limit on insurance charges. Termination or replacement of insurance.
Section 42-415. - Rebate or discount for referrals.
Section 42-416. - Limitation on supplier's disclaimer of implied warranty.
Section 42-417. - Liability for gap amount on total loss of goods.
Section 42-418. - Lessee's default. Right to cure.
Section 42-419. - Repossession. Application of realized value. Electronic self help.
Section 42-420. - Determining realized value.
Section 42-421. - Early termination liability.
Section 42-422. - Reporting early termination to consumer reporting agency.
Section 42-423. - Excess wear and tear. Excess mileage.
Section 42-424. - Private remedies.
Section 42-425. - Reliance on lessee's representations.
Section 42-426. - Statute of limitations.
Section 42-427. - Limitations on private remedies.
Section 42-428. - Civil liability of assignees.
Section 42-429. - Effect of violation on rights of parties. Single recovery.
Section 42-430. - Administrative enforcement.
Section 42-431. - Administration.