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5.2-9  CUTPA - Ascertainable Loss

Revised to January 1, 2008

Even if the plaintiff proves that the defendant committed an unfair trade practice or a deceptive act or engaged in unfair competition that violates CUTPA, the plaintiff cannot recover unless (he/she/it) sustained an "ascertainable loss."  The plaintiff has the burden of proving this "ascertainable loss."  A loss is a deprivation, detriment or injury.  A loss is ascertainable if it is capable of being discovered, observed or established, but need not be measured by a dollar amount.


Collins v. Anthem Health Plans, Inc., 275 Conn. 309, 344-45 (2005); Service Road Corp. v. Quinn, 241 Conn. 630, 644 (1997); Hinchliffe v. American Motors Corp., 184 Conn. 607, 613 (1981); Prishwalko v. Bob Thomas Ford, Inc., 33 Conn. App. 575, 586 (1994).


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