White v. FCW Law Offices
228 Conn.App. 1
Conn. App. Ct.2024Background
- Frank Charles White, a licensed Connecticut attorney, sued FCW Law Offices (and two John Does) for identity theft and unfair trade practices after defendants used his professional credentials to perpetrate a fraud.
- The defendants used White’s name and juris number to convince people to send money as part of a fraudulent timeshare scheme.
- After discovery of the scheme, White reported the fraud to several authorities and commenced a civil lawsuit in 2020 seeking removal of defendants from practice, as well as monetary and other relief.
- The defendants defaulted for failure to appear, and a bifurcated damages hearing was held, with the court finding for White on both identity theft (Conn. Gen. Stat. § 52-571h) and CUTPA claims.
- The trial court awarded $150,000 compensatory and $300,000 punitive damages (plus costs and fees) but did not award mandatory treble damages under the identity theft statute.
- On appeal, White argued he was entitled to treble damages under § 52-571h; the Appellate Court agreed and ruled additional awards under CUTPA for the same conduct would constitute impermissible double recovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to treble damages under § 52-571h | Statute mandates treble damages for prevailing plaintiff | (No appearance/argument due to default) | White entitled to treble (3x) compensatory damages under § 52-571h |
| Recovery under both § 52-571h and CUTPA for same conduct | Both remedies permissible for the same conduct | (No appearance/argument due to default) | Can't recover damages under both statutes for same loss; double recovery barred |
| Sufficiency of emotional distress as CUTPA damages | No argument (court found emotional distress) | (No appearance/argument due to default) | Emotional distress alone not enough for CUTPA damages |
| Proper form of judgment post-default | Plaintiff sought affirmed judgment with correct treble damages | (No appearance/argument due to default) | Remanded to vacate improper awards & enter new, correct judgment |
Key Cases Cited
- AAA Advantage Carting & Demolition Service, LLC v. Capone, 221 Conn. App. 256 (Ct. App. 2023) (discussing rule against double recovery)
- Rogan v. Rungee, 165 Conn. App. 209 (Ct. App. 2016) (court must award mandatory treble damages under statute when liability is found)
- Di Teresi v. Stamford Health System, Inc., 149 Conn. App. 502 (Ct. App. 2014) (emotional distress is not an ascertainable loss under CUTPA)