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PRINTER'S NO. 3895
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
929
Session of
2018
INTRODUCED BY DRISCOLL, SCHLOSSBERG, DAVIS, STURLA, MILLARD,
KINSEY, J. McNEILL, RABB, THOMAS, SOLOMON, READSHAW,
McCLINTON, YOUNGBLOOD, DONATUCCI, HILL-EVANS, NEILSON, WARREN
AND SIMS, AUGUST 7, 2018
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, AUGUST 7, 2018
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," further providing for definitions, for unlawful
acts or practices and exclusions and for private actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(4)(xxi) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, is amended and the clause is amended by
adding a subclause to read:
Section 2. Definitions.--As used in this act.
* * *
(4) "Unfair methods of competition" and "unfair or deceptive
acts or practices" mean any one or more of the following:
* * *
(xxi) Using a contract for the sale of goods or services
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which states that any of the contract's provisions are or may be
void, unenforceable or inapplicable in a jurisdiction without
specifying which provisions are or are not void, unenforceable
or inapplicable within this Commonwealth.
(xxii) Engaging in any other fraudulent or deceptive conduct
which creates a likelihood of confusion or of misunderstanding.
Section 2. Sections 3 and 9.2(a) of the act are amended to
read:
Section 3. Unlawful Acts or Practices; Exclusions.--Unfair
methods of competition and unfair or deceptive acts or practices
in the conduct of any trade or commerce as defined by subclauses
(i) through [(xxi)] (xxii) of clause (4) of section 2 of this
act and regulations promulgated under section 3.1 of this act
are hereby declared unlawful. The provisions of this act shall
not apply to any owner, agent or employe of any radio or
television station, or to any owner, publisher, printer, agent
or employe of an Internet service provider or a newspaper or
other publication, periodical or circular, who, in good faith
and without knowledge of the falsity or deceptive character
thereof, publishes, causes to be published or takes part in the
publication of such advertisement.
Section 9.2. Private Actions.--(a) Any person [who
purchases or leases goods or services primarily for personal,
family or household purposes and thereby suffers any
ascertainable loss of money or property, real or personal, as a
result of the use or employment by any person of a method, act
or practice] which uses or employs a method, act or practice
declared unlawful by section 3 of this act[, may bring a private
action to recover actual damages or one hundred dollars ($100),
whichever is greater.] shall be liable for a civil penalty of
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not less than one hundred dollars ($100) or for actual damages,
or both, at the election of the consumer, together with
reasonable attorney fees and court costs. The court may, in its
discretion, award up to three times the actual damages
sustained, but not less than one hundred dollars ($100), and may
provide such additional relief as it deems necessary or proper.
[The court may award to the plaintiff, in addition to other
relief provided in this section, costs and reasonable attorney
fees.] Actual damages may be recoverable by a consumer in a
private action or as part of a counterclaim by a consumer
against a seller, lessor, creditor, lender, bailee or assignee
which used or employed a method, act or practice declared
unlawful by section 3 of this act. A consumer shall have the
right to petition the court to terminate a contract which
violates section 3 of this act.
* * *
Section 3. This act shall take effect in 60 days.
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