Cenatiempo v. Bank of America, N.A.

Summary

The court held that the plaintiffs adequately pleaded a CUTPA claim based on allegations that the loan servicer systematically delayed, misrepresented, and mishandled their loan-modification applications in violation of policies embodied in federal and state mortgage-servicing requirements. It affirmed dismissal of the common-law negligence claim because the contractual, arm's-length lender-borrower relationship did not support a common-law duty of care. The court declined to consider a negligence-per-se theory because the plaintiffs had not distinctly pleaded or preserved it. All justices concurred, and there were no separate opinions.