Section 47a-4a

Citation: Section 47a-4a
Parent Document: Eamiello v. Liberty Mobile Home Sales, Inc., 208 Conn. 620 (1988)
Jurisdiction: Connecticut (state)
Effective Date: 1988-08-16
Original Source: https://www.courtlistener.com/opinion/7893279/eamiello-v-liberty-mobile-home-... ↗

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The plaintiffs contend that good faith is not a defense to a CUTPA claim. They note initially that § 42-110b (b) provides that our courts “shall be guided by interpretations given by the Federal Trade Commission and the federal court to section 5 (a) (1) of the Federal Trade Commission Act [15 U.S.C. § 45 (a) (1)], as from time to time amended.” They contend that good faith or the absence of an intent to deceive is irrelevant in determining whether a deceptive practice has been committed under the Federal Trade Commission Act. Warner-Lambert Co. v. F.T.C., 562 F.2d 749, 763 n.70 (D.C. Cir. 1977), cert. denied, 435 U.S. 950, 98 S. Ct. 1575, 55 L. Ed. 2d 800 (1978); Doherty, Clifford, Steers, & Shenfield, Inc. v. F.T.C., 392 F.2d 921, 925 (6th Cir. 1968); F.T.C. v. Pharmtech Research, Inc., 576 F. Sup. 294, 301 (D.D.C. 1983). In Web Press Services Corporation v. New London Motors, Inc., 203 Conn. 342, 363, 525 A.2d 57 (1987), this court concluded that “knowledge of falsity, either constructive or actual, need not be proven to establish a violation of CUTPA.” The plaintiffs contend that the defendant’s assertion of a “good faith” defense is inconsistent with our conclusion in Web Press Services Corporation that intent is not an element of a CUTPA action.

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