PRINTER'S NO. 2834

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2098 Session of 1984


        INTRODUCED BY F. E. TAYLOR, L. E. SMITH, OLASZ, PISTELLA,
           PRESTON, SEVENTY, STEIGHNER, CAPPABIANCA, KASUNIC, GALLEN,
           GRIECO, HERMAN, DORR, BURD, J. L. WRIGHT AND MAIALE,
           APRIL 30, 1984

        REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, APRIL 30, 1984

                                     AN ACT

     1  Amending the act of October 28, 1966 (1st Sp.Sess., P.L.55,
     2     No.7), entitled "An act defining, regulating and relating to
     3     retail installment contracts for all goods and services
     4     except certain motor vehicles and home improvements;
     5     prescribing the requirements of such contracts and
     6     limitations on the enforcement thereof; and providing
     7     remedies and penalties," reenacting provisions relating to
     8     service charges; and making a repeal.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Sections 501(a) and (b) and 904(a) of the act of
    12  October 28, 1966 (1st Sp.Sess., P.L.55, No.7), known as the
    13  Goods and Services Installment Sales Act, amended March 25, 1982
    14  (P.L.199, No.68), are reenacted to read:
    15     Section 501.  (a)  A seller may, in a retail installment
    16  contract, contract for and, if so contracted for, the holder
    17  thereof may charge, receive and collect a service charge
    18  measured for a period between the date of such contract and the
    19  due date of the last installment and calculated for that period
    20  according to the actuarial method of computation or by

     1  application of the United States rule at a rate which does not
     2  exceed the equivalent of eighteen percent (18%) simple interest
     3  per annum.
     4     (b)  Notwithstanding the rates provided for in this section,
     5  no issuer of a credit card primarily engaged as a seller or
     6  distributor of gasoline shall be permitted to charge, receive or
     7  collect a service charge in excess of fifteen percent (15%)
     8  simple interest per annum on unpaid balances.
     9     * * *
    10     Section 904.  Subject to the other provisions of this article
    11  the seller or holder of a retail installment account may charge,
    12  receive and collect the service charge authorized by this act.
    13  The service charge shall not exceed the following rates computed
    14  on the outstanding balances from month to month:
    15     (a)  On the outstanding balance, one and one-half percent (1
    16  1/2%) per month.
    17     * * *
    18     Section 2.  Section 12 of the act of March 25, 1982 (P.L.199,
    19  No.68), entitled "An act amending the act of October 28, 1966
    20  (1st Sp.Sess., P.L.55, No.71), entitled 'An act defining,
    21  regulating and relating to retail installment contracts for all
    22  goods and services except certain motor vehicles and home
    23  improvements; prescribing the requirements of such contracts and
    24  limitations on the enforcement thereof; and providing remedies
    25  and penalties,' further providing for applicability of the act,
    26  for the contents of contracts, for a certain notice of claims or
    27  defenses, for judgments, for service charges and certain fees
    28  and eliminating the duty of the Department of Banking to supply
    29  rate charts to retail sellers and finance agencies," is
    30  repealed.
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     1     Section 3.  This act shall take effect immediately.




















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