By Amy Taylor and Myles Alderman
A new Connecticut Supreme Court ruling now allows plaintiffs to recover both treble damages for civil theft and punitive damages under CUTPA. This 2025 decision overturns prior appellate precedent and significantly increases potential exposure in cases involving theft, fraud, or unfair trade practices. Businesses and attorneys should reassess litigation risk and damages strategy in light of this expanded remedy.
In Connecticut a plaintiff who proves that it has suffered a loss as a result of civil theft by the defendant, can recover treble damages pursuant to Connecticut General Statute § 52-564. Further pursuant to the Connecticut Unfair Trade Practices Act (“CUTPA”), a plaintiff that proves that it has suffered a loss as a result of an unfair and deceptive trade practice can recover punitive damages pursuant to 42-110g. Punitive damages are awarded in addition to compensatory to punish wrongdoing.
Prior to this year there was a split of opinions from Connecticut courts as to whether statutorily multiplied damages and the punitive damages provided under CUTPA could be stacked. A number of courts had held that those recoveries could not be stacked for the same underlying conduct. Following that line of case law, the Appellate Court ruled that the plaintiff could not recover punitive damages under CUTPA and treble damages under § 52-571h (b). See White v. FCW Law Offices, 228 Conn. App. 1, 2,323 A.3d 406 (2024). The Plaintiff appealed to the Connecticut Supreme Court.
In White v. FCW Law Offices, 352 Conn. 718 (2025) the Connecticut Supreme Court reversed the decision of the Appellate Court, and held that a plaintiff may recover both statutory treble damages for theft under § 52-571h (b) and punitive damages for violation of CUTPA.
This decision substantially increases potential damages in Connecticut cases that involve claims with both statutorily multiplied damages and a violation of CUTPA.
Key Takeaways
- Plaintiffs in Connecticut may stack punitive damages for CUTPA violations and enhanced statutory damages for claims like civil theft or identity theft.
- The ruling overturns prior cases prohibiting recovery of both remedies.
- Defendants now face substantially increased financial exposure in theft-related litigation.
- Lawyers should adjust litigation strategy when evaluating damages, settlement, and risk.
FAQ
1. Can plaintiffs recover both treble damages for civil theft and punitive damages under CUTPA?
Yes. In White v. FCW Law Offices (2025), the Connecticut Supreme Court confirmed that plaintiffs may recover both forms of damages.
2. Why is the Connecticut Supreme Court ruling significant?
It resolves years of conflicting lower-court decisions and dramatically increases potential damages in cases involving theft and unfair trade practices.
3. Does this ruling affect settlement strategy?
Yes. Defendants now face higher financial exposure, making early case assessment critical.
4. Who does this ruling impact the most?
Businesses and individuals involved in disputes involving theft, fraud, deceptive practices, or CUTPA claims.
Need Legal Advice About CUTPA or Civil Theft Claims? Our Connecticut business litigation attorneys represent clients in disputes involving fraud, civil theft, unfair trade practices, and commercial damages. Contact us today for strategic guidance and case evaluation.
This article was prepared by Attorneys Amy J. Taylor and Myles H. Alderman, Jr., members of the litigation team at Alderman & Alderman, LLC. Attorney Taylor concentrates on commercial litigation and business disputes, including matters involving civil theft, CUTPA, and fiduciary claims. Attorney Alderman has more than three decades of experience representing businesses and individuals in complex litigation, creditors’ rights, and unfair trade practice cases. Together, they provide informed analysis of Connecticut legal developments and their impact on litigation strategy and damages exposure.
