In Connecticut we have an unfair trade practice statute that provides for recovery of double and in some cases triple damages as well as the plaintiff's attorney's fees. The business practice if ruled unfair pursuant to FTC guidelines does not have to be an intentional practice. Error would not be a defense to the unfair trade practice if perpetrated. The statute is quite different than common law tort law. The intent of the statute is to prevent unscrupulous business practices.
The news reports have recently disclosed that a number of lenders failed to follow the proper foreclosure procedures in their rush to recover losses from bad loans. The legal procedures are there for a purpose, and I think that those that fail to observe them should properly be subject to punitive damages as a way of discouraging continued sloppy business practices which result in damages to home owners.
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