Connecticut Lemon Law
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 lienholder 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.
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.
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.
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.
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.
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 AttorneyGeneral 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 vehi cle 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.
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.
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.
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.
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.
Sec. 42-190.
New automobile warranties account surcharge.
Account.
(a) A new automobile warranties account
surcharge is hereby imposed on the sale or
lease of each new motor vehicle, as defined
in section 42-179, sold or leased in this
state by any person licensed to offer such
vehicles for sale under section 14-52. Such
surcharge shall be in addition to any tax
otherwise applicable to any such sales
transaction.
(b) The surcharge assessed pursuant to this
section shall be at a rate of three dollars
per motor vehicle, as defined in section
42-179. Such surcharge shall be collected by
each licensee under section 14-52 engaged in
the sale or lease of motor vehicles, as
defined in section 42-179, in this state.
(c) Proceeds collected from surcharges
assessed under this section shall be
deposited in the new automobile warranties
account established pursuant to subsection
(d) of this section.
(d) There is established a separate,
nonlapsing account, within the General Fund,
to be known as the "new automobile
warranties account". The account may contain
any moneys required by law to be deposited
in the account. The moneys in said account
shall be allocated to the Department of
Consumer Protection to carry out the
purposes of this chapter.
source:
Center for Auto Safety
http://www.autosafety.org/