PRINTER'S NO. 2433
No. 1945 Session of 1999
INTRODUCED BY LEDERER, L. I. COHEN, ROBINSON, STERN, BELARDI,
BISHOP, MANDERINO, DALEY, HENNESSEY, YOUNGBLOOD, KELLER,
RAMOS, THOMAS, BUTKOVITZ, McGEEHAN, CORRIGAN, JOSEPHS, KENNEY
AND J. TAYLOR, OCTOBER 12, 1999
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 12, 1999
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," further defining "unfair methods of competition"
7 and "unfair or deceptive acts or practices" relating to
8 creditors, collection agencies and consumer reporting
9 agencies.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2(4)(xxi) of the act of December 17, 1968
13 (P.L.1224, No.387), known as the Unfair Trade Practices and
14 Consumer Protection Law, reenacted and amended November 24, 1976
15 (P.L.1166, No.260) and amended December 4, 1996 (P.L.906,
16 No.146), is amended and the clause is amended by adding a
17 subclause to read:
18 Section 2. Definitions.--As used in this act.
19 * * *
20 (4) "Unfair methods of competition" and "unfair or deceptive
1 acts or practices" mean any one or more of the following:
2 * * *
3 (xxi) Communicating credit information to a consumer
4 reporting agency, as defined in the Fair Credit Reporting Act
5 (Public Law 91-508, 15 U.S.C. § 1681a), earlier than thirty days
6 after the initial notice to the consumer has been mailed, unless
7 the consumer's last known address is known to be invalid. This
8 subclause shall not apply to checks, negotiable instruments or
9 credit card drafts. This subclause shall apply to any creditor,
10 debt collection agency, debt collector, collection agency,
11 adjustment service or credit reporting service or any person
12 acting on behalf of such entity for all communications whether
13 oral, electronic or written filed on or after January 1, 2000.
14 [(xxi)] (xxii) Engaging in any other fraudulent or deceptive
15 conduct which creates a likelihood of confusion or of
16 misunderstanding.
17 Section 2. This act shall take effect January 1, 2000.
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