NACA in the News: Conn. High Court Snapshot: Atty’s ‘Double’ ID Theft Damages

Law360, Conn. High Court Snapshot: Atty’s ‘Double’ ID Theft Damages

Attorney Frank Charles White wants the high court to restore a $300,000 punitive damages award that an appellate panel called a double recovery, arguing in his brief that the justices should heed a “public policy of enforcing statutes designed to combat bad behavior.”

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The Connecticut chapter of the National Association of Consumer Advocates filed an amicus brief arguing that the appellate decision “undermines CUTPA’s remedial purpose and design” and advocating for the trial court’s discretion in awarding punitive damages.

“Our state needs CUTPA and its flexible standard for punitive damages to ensure that justice is served,” the organization wrote. “Any fear that plaintiffs may experience a ‘windfall’ from prosecuting unfair trade practices and obtaining relief under two different statutes is outweighed by the danger of a market that already does too little to discourage lawbreakers.”