Can a Connecticut consumer contract make the consumer waive statutory protections?
Not the ones these statutes protect. Under the plain-language chapter, 'A consumer may not waive the rights provided by this chapter, and any such waiver shall be void' (§ 42-157(c)); a consumer contract that violates the chapter nonetheless remains enforceable, and the chapter does not take away any other claim or defense (§ 42-157(a),(b)). A consumer is an individual who borrows, leases, buys or obtains money, property or services under a written agreement (§ 42-151(a)), and every consumer contract entered into after June 30, 1980, must be written in plain language, which it is if it meets either the plain language tests of § 42-152(b) or the alternate objective tests of § 42-152(c), and it need not meet both (§ 42-152(a)). The chapter's 'consumer contract' is a written agreement entered primarily for personal, family or household purposes in which the consumer borrows or receives credit up to $25,000, agrees to pay up to $25,000 to buy or lease personal property or services, or leases any residential dwelling (§ 42-151(b)); the chapter applies to consumer contracts made, entered into or signed by the consumer in Connecticut after June 30, 1980, and 'Mortgages, deeds of real estate, insurance policies and documents relating to securities transactions are not consumer contracts' (§ 42-153). Separately, a seller of a new mobile manufactured, modular or prefabricated home must give a written manufacturer's warranty containing two terms: that the home is free from any substantial defects in materials or workmanship in the structure, plumbing, heating and electrical systems and all appliances and other equipment installed or included by the manufacturer, and that the seller or manufacturer will take appropriate corrective action at the site for substantial defects that become evident within one year from delivery, provided the buyer gives written notice of them as soon as they become evident; and 'The seller or manufacturer shall not require the buyer to waive his rights under this chapter and any waiver shall be deemed contrary to public policy and shall be void and unenforceable' (§ 21-86).
The trap
The plain-language anti-waiver clause protects only the chapter's own rights and does not make a non-plain-language contract void: § 42-157(a) keeps the contract enforceable. The chapter's own action is barred where the consumer was represented by an attorney at signing and the attorney's signed, dated statement is on the contract, after the contract has been fully performed, and more than six years after it was last signed (§ 42-155(e), (f)). It also stops at $25,000 of credit or purchase price (any residential lease qualifies regardless of amount), and it never reaches a mortgage, a deed of real estate, an insurance policy or a securities-transaction document, or a contract the consumer did not make, enter into or sign in Connecticut (§ 42-153). No Connecticut statute or Supreme Court opinion checked for this rule was found stating that CUTPA (§ 42-110a et seq.) claims cannot be waived by contract, so this rule does not say so.
7 authorities
- statuteConn. Gen. Stat. § 42-157enactment date not established
The words that state the rule
A consumer contract shall remain enforceable, even though it violates this chapter. (b) Other consumer rights. Nothing in this chapter shall preclude a consumer from making any claim or raising any defense which would have been available to the consumer if this chapter were not in effect. (c) Waiver. A consumer may not waive the rights provided by this chapter, and any such waiver shall be void.
- statuteConn. Gen. Stat. § 42-151enactment date not established
The words that state the rule
The following definitions shall apply in this chapter: (a) Consumer. A “consumer” is an individual who borrows, leases, buys or obtains money, property or services under a written agreement. (b) Consumer contract. A written agreement is a “consumer contract,” if: (1) A consumer enters into the agreement primarily for personal, family or household purposes; and (2) The agreement is one in which the consumer: (A) Borrows up to twenty-five thousand dollars or receives up to twenty-five thousand dollars in credit from a person who lends money or extends credit in the ordinary course of business; or (B) agrees to pay up to twenty-five thousand dollars to buy or lease personal property or services from a person who is acting in the ordinary course of business; or (C) leases any residential dwelling.
- statuteConn. Gen. Stat. § 21-86enactment date not established
The words that state the rule
No person shall sell at retail a new mobile manufactured home or a new modular or prefabricated home in this state without a written manufacturer's warranty to the buyer containing the following terms: (1) That such home is free from any substantial defects in materials or workmanship in the structure, plumbing, heating and electrical systems and all appliances and other equipment installed or included therein or thereon by the manufacturer. (2) That the seller or manufacturer shall take appropriate corrective action at the site of such home in instances of substantial defects in materials or workmanship which become evident within one year from the date of delivery of such home to the buyer, provided the buyer gives written notice of such defects to the seller, manufacturer or dealer at his business address as soon as such defects become evident.
- statuteConn. Gen. Stat. § 21-86enactment date not established
The words that state the rule
The seller or manufacturer shall not require the buyer to waive his rights under this chapter and any waiver shall be deemed contrary to public policy and shall be void and unenforceable.
- statuteConn. Gen. Stat. § 42-153enactment date not established
The words that state the rule
This chapter shall apply to all consumer contracts made, entered into or signed by the consumer in this state after June 30, 1980. (b) Exclusions. Mortgages, deeds of real estate, insurance policies and documents relating to securities transactions are not consumer contracts.
- statuteConn. Gen. Stat. § 42-152enactment date not established
The words that state the rule
Every consumer contract entered into after June 30, 1980, shall be written in plain language. A consumer contract is written in plain language if it meets either the plain language tests of subsection (b) of this section or the alternate objective tests of subsection (c) of this section. A consumer contract need not meet the tests of both subsections.
- statuteConn. Gen. Stat. § 42-155enactment date not established
The words that state the rule
(e) Consumer represented by attorney at signing of contract. No consumer may bring an action under this chapter on a contract, if: (1) The consumer was represented at the signing of the contract by an attorney; and (2) This fact is shown by the attorney's signed and dated statement on the contract. (f) Limitations on actions. No consumer may bring an action under this chapter after the contract has been fully performed. No consumer may bring an action under this chapter more than six years after the date on which the contract was last signed.
“Defective” means that reading found something to correct. What you are reading is the rule as it stands after that reading.