Bill Text: CT SB00317 | 2015 | General Assembly | Comm Sub
Bill Title: An Act Concerning Attorneys' Fees Provisions In Depository Contracts.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-02-13 - Public Hearing 02/19 [SB00317 Detail]
Download: Connecticut-2015-SB00317-Comm_Sub.html
General Assembly |
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January Session, 2015 |
LCO No. 3593 | ||
*03593SB00317BA_* | |||
Referred to Committee on BANKING |
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Introduced by: |
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(BA) |
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AN ACT CONCERNING ATTORNEYS' FEES PROVISIONS IN DEPOSITORY CONTRACTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 42-150bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) As used in this section (1) "commercial party" means a seller, creditor or lessor, an assignee of such seller, creditor or lessor, or any bank or other entity that accepts and holds deposits from consumers; and (2) "consumer" means a buyer, debtor or lessee, a personal representative of such buyer, debtor or lessee, or any customer making deposits at any bank or other entity that accepts and holds deposits from such consumers.
(b) Whenever any contract or lease entered into on or after October 1, 1979, to which a consumer is a party, provides for the attorney's fee of the commercial party to be paid by the consumer, an attorney's fee shall be awarded as a matter of law to the consumer who successfully prosecutes or defends an action or a counterclaim based upon the contract or lease. Except as hereinafter provided, the size of the attorney's fee awarded to the consumer shall be based as far as practicable upon the terms governing the size of the fee for the commercial party. No attorney's fee shall be awarded to a commercial party who is represented by its salaried employee. In any action in which the consumer is entitled to an attorney's fee under this section and in which the commercial party is represented by its salaried employee, the attorney's fee awarded to the consumer shall be in a reasonable amount regardless of the size of the fee provided in the contract or lease for either party. [For the purposes of this section, "commercial party" means the seller, creditor, lessor or assignee of any of them, and "consumer" means the buyer, debtor, lessee or personal representative of any of them.] No bank or other entity that accepts and holds deposits from consumers shall include a clause in its consumer contract allowing for such bank or other entity to collect attorneys' fees from its customers if such bank or other entity prevails in a claim brought by consumers based on the consumer contract.
(c) The provisions of this section shall apply only to (1) consumer contracts, including, but not limited to, any written contract for any depository account, in which the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes, or (2) leases in which the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2015 |
42-150bb |
Statement of Purpose:
To prohibit any bank or other entity that accepts and holds deposits from claiming, and being awarded attorneys' fees, if they prevail in a claim brought by their customers over issues covered by the parties' consumer contract.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]