Legal Definitions - Connecticut

Connecticut, a state in the northeastern United States, has enacted various laws to regulate commercial activities, protect consumers, and address computer-related crimes within its borders. These statutes cover a range of issues, from unsolicited marketing communications to unfair trade practices and the handling of illegal digital content.

• Commercial Email and Spam

  Connecticut law prohibits sending unsolicited commercial emails to residents unless these emails are clearly marked as advertisements and provide an easy way for the recipient to opt out of future communications.

  • Example 1: A new online clothing store based outside Connecticut sends a mass email campaign promoting its products to a list of Connecticut residents it purchased, without including an "unsubscribe" link or clearly labeling the email as an advertisement.

    Explanation: This violates Connecticut's spam law because the emails are unsolicited, lack proper advertisement labeling, and do not offer an opt-out mechanism, making them illegal under state regulations.

  • Example 2: A local gym in Connecticut sends promotional emails about new membership deals to individuals who have never interacted with the gym and did not consent to receive emails. The emails contain only a small, hard-to-find link to opt out.

    Explanation: Even though an opt-out link is present, if it's not clear and easy to use, and the emails are unsolicited, the gym could be in violation of the state's commercial email regulations.

• Telemarketing & Telephonic Anti-Solicitation

  Connecticut regulates telemarketing practices, including maintaining a "no sales solicitation calls" list. Businesses are generally prohibited from making unsolicited sales calls to residents who have registered their phone numbers on this list.

  • Example 1: A home improvement company uses an automated dialer to call thousands of phone numbers in Connecticut to offer roofing services, without first checking if those numbers are on the state's "no sales solicitation calls" list.

    Explanation: The company is likely violating Connecticut's telemarketing laws by calling residents who have explicitly opted out of such solicitations through the state-maintained list.

  • Example 2: A financial services firm repeatedly calls a Connecticut resident to pitch investment products, even after the resident informed the firm that they are on the state's "no sales solicitation calls" list and requested no further calls.

    Explanation: The firm's continued calls, despite the resident being on the state's official do-not-call list, constitute a violation of Connecticut's telemarketing regulations.

• Faxes, Texts, and other Media Anti-Solicitation

  Connecticut law specifically prohibits the use of fax machines to send unsolicited advertising materials.

  • Example 1: A new restaurant in Hartford faxes its daily lunch specials menu to dozens of local businesses, none of whom had requested to receive such faxes.

    Explanation: This action is prohibited under Connecticut law because the restaurant is sending unsolicited advertising materials via fax.

  • Example 2: A travel agency sends promotional faxes about discounted vacation packages to various Connecticut businesses, even though those businesses never subscribed to their mailing list or requested information.

    Explanation: Sending these unrequested advertisements via fax machine is a direct violation of Connecticut's anti-solicitation laws regarding faxes.

• Unlawful Trade Practices

  The Connecticut Unfair Trade Practices Act (CUTPA) broadly prohibits unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.

  • Example 1: A car dealership advertises a specific car model at an exceptionally low price to draw customers in, but then tells interested buyers that the advertised car is "sold" and pressures them into buying a much more expensive model with hidden fees.

    Explanation: This deceptive "bait and switch" tactic would likely be considered an unfair trade practice under CUTPA, as it misleads consumers to gain an unfair advantage.

  • Example 2: A home renovation contractor in Connecticut accepts a significant upfront payment for a kitchen remodel but then performs shoddy work, uses substandard materials not agreed upon, and abandons the project halfway through without completing it or issuing a refund.

    Explanation: The contractor's actions, involving deceptive practices and failure to deliver on agreed-upon services, would fall under the purview of CUTPA as an unlawful trade practice.

• Pornography

  Connecticut's child pornography statutes define illegal "visual depictions" to include electronic data, making it a crime to possess, produce, or distribute child pornography, including via email. The state also has specific statutes prescribing lesser penalties for "sexting" by minors under certain conditions.

  • Example 1: An individual residing in Connecticut downloads several images depicting child sexual abuse from an illicit website and stores them on their computer.

    Explanation: Possessing such electronic data is a serious crime under Connecticut's child pornography statutes, which explicitly include electronic visual depictions.

  • Example 2: Two 15-year-old high school students in Connecticut exchange sexually suggestive photos of themselves with each other through text messages on their phones.

    Explanation: While these images might otherwise be considered child pornography, Connecticut has a specific statute that may apply lesser penalties for "sexting" by minors under certain circumstances, distinguishing it from adult-perpetrated child pornography offenses.

• Computer-Related Crime

  Connecticut's Computer Crimes Statute criminalizes various activities involving computers, including certain spam-related actions.

  • Example 1: An individual in Connecticut creates and deploys a malicious software program that hijacks thousands of computers to send millions of unsolicited commercial emails (spam), overwhelming email servers and disrupting internet services.

    Explanation: This act of using compromised computers to send large volumes of spam falls under Connecticut's Computer Crimes Statute, which criminalizes certain spam-related activities and unauthorized use of computer systems.

  • Example 2: A person illegally gains access to a company's email server in Connecticut and uses it to send out a large volume of fraudulent phishing emails to customers, impersonating the company.

    Explanation: Gaining unauthorized access to a computer system and using it to send deceptive emails is a clear violation of Connecticut's Computer Crimes Statute, which covers unauthorized computer access and spam-related offenses.