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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, TARTAGLIONE, WILLIAMS, ERICKSON, RAFFERTY, M. WHITE, FERLO, KASUNIC, EARLL, O'PAKE AND STACK, FEBRUARY 2, 2009 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, FEBRUARY 2, 2009 |
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| AN ACT |
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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 or deceptive acts or |
7 | practices"; and further providing for unlawful acts or |
8 | practices. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 2(4) of the act of December 17, 1968 |
12 | (P.L.1224, No.387), known as the Unfair Trade Practices and |
13 | Consumer Protection Law, reenacted and amended November 24, 1976 |
14 | (P.L.1166, No.260), is amended by adding a subclause to read: |
15 | Section 2. Definitions.--As used in this act. |
16 | * * * |
17 | (4) "Unfair methods of competition" and "unfair or deceptive |
18 | acts or practices" mean any one or more of the following: |
19 | * * * |
20 | (xxi.1) Failing to disclose to members of the consuming |
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1 | public a retail establishment's refund and exchange policy as to |
2 | all merchandise exposed or offered for sale at retail, unless |
3 | the policy is clearly and conspicuously posted in the following |
4 | manner: |
5 | (A) on a sign attached to the merchandise itself; |
6 | (B) on a sign affixed to each cash register or point of |
7 | sale; |
8 | (C) on a sign so situated as to be clearly visible to the |
9 | buyer from the cash register; or |
10 | (D) on a sign posted at each store entrance used by members |
11 | of the consuming public. |
12 | The sign shall conspicuously disclose any and all material |
13 | conditions of, or qualifications to, the policy, including, |
14 | without limitation: whether a refund will be given on |
15 | merchandise for which no proof of purchase exists; whether a |
16 | refund will be given at any time, or only up to a specified time |
17 | after the date of purchase; and whether a refund will be given |
18 | in cash, as a credit to the account on which the purchase was |
19 | debited or as a store credit only. |
20 | (xxi.2) Failing to disclose to members of the consuming |
21 | public that a retail establishment charges a restocking fee on a |
22 | product it sells, unless the retail establishment: |
23 | (A) discloses in any print advertising and promotional |
24 | material, including a catalog, that a restocking fee may apply |
25 | to the purchase of goods, and the disclosure is printed in a |
26 | clear and conspicuous manner in the advertising and promotional |
27 | material; |
28 | (B) posts a notice stating that a restocking fee may apply |
29 | to the purchase of goods and where the customer may obtain the |
30 | full restocking fee policy and makes the notice clearly and |
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1 | conspicuously visible to the customer before purchase; |
2 | (C) discloses on the sales receipt in a conspicuous manner |
3 | in type at least as large as the majority of the printed text on |
4 | the receipt and in print that is clear and legible, both of the |
5 | following: |
6 | (i) that a restocking fee may apply to the purchased good; |
7 | and |
8 | (ii) where the customer may obtain the full restocking fee |
9 | policy; and |
10 | (D) at the point of purchase for a good on the Internet |
11 | website of the retail establishment, discloses that a restocking |
12 | fee may apply to the purchase of goods. The retail establishment |
13 | shall provide the full restocking fee policy on the Internet |
14 | website in a clear and conspicuous manner. |
15 | Section 2. Section 3 of the act, amended November 29, 2006 |
16 | (P.L.1624, No.185), is amended to read: |
17 | Section 3. Unlawful Acts or Practices; Exclusions.--Unfair |
18 | methods of competition and unfair or deceptive acts or practices |
19 | in the conduct of any trade or commerce as defined by |
20 | [subclauses (i) through (xxi) of] clause (4) of section 2 of |
21 | this act and regulations promulgated under section 3.1 of this |
22 | act are hereby declared unlawful. The provisions of this act |
23 | shall not apply to any owner, agent or employe of any radio or |
24 | television station, or to any owner, publisher, printer, agent |
25 | or employe of an Internet service provider or a newspaper or |
26 | other publication, periodical or circular, who, in good faith |
27 | and without knowledge of the falsity or deceptive character |
28 | thereof, publishes, causes to be published or takes part in the |
29 | publication of such advertisement. |
30 | Section 3. This act shall take effect in 60 days. |
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