PRINTER'S NO. 3437

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2660 Session of 1994


        INTRODUCED BY SCRIMENTI, STABACK, PISTELLA, TRELLO, MERRY,
           CAPPABIANCA, CESSAR, ROBERTS, TIGUE, LUCYK, LAUB, RICHARDSON,
           BELFANTI AND THOMAS, APRIL 5, 1994

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 5, 1994

                                     AN ACT

     1  Amending the act of December 17, 1968 (P.L.1224, No.387),
     2     entitled "An act prohibiting unfair methods of competition
     3     and unfair or deceptive acts or practices in the conduct of
     4     any trade or commerce, giving the Attorney General and
     5     District Attorneys certain powers and duties and providing
     6     penalties," providing for attorney fees in private actions.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 9.2(a) of the act of December 17, 1968
    10  (P.L.1224, No.387), known as the Unfair Trade Practices and
    11  Consumer Protection Law, reenacted and amended November 24, 1976
    12  (P.L.1166, No.260) and repealed in part April 28, 1978 (P.L.202,
    13  No.53), is amended to read:
    14     Section 9.2.  Private Actions.--(a)  Any person who purchases
    15  or leases goods or services primarily for personal, family or
    16  household purposes and thereby suffers any ascertainable loss of
    17  money or property, real or personal, as a result of the use or
    18  employment by any person of a method, act or practice declared
    19  unlawful by section 3 of this act, may bring a private action to


     1  recover actual damages or one hundred dollars ($100), whichever
     2  is greater. The court may, in its discretion, award up to three
     3  times the actual damages sustained, but not less than one
     4  hundred dollars ($100), and may provide such additional relief
     5  as it deems necessary or proper. The court may award to the
     6  plaintiff, in addition to other relief provided in this section,
     7  costs and reasonable attorney fees.
     8     * * *
     9     Section 2.  This act shall take effect in 60 days.














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