THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCAVELLO, ADOLPH, BARBIN, BARRAR, BELFANTI, BENNINGHOFF, BOBACK, BOYD, BROOKS, BROWN, BUXTON, CALTAGIRONE, CARROLL, CASORIO, CAUSER, CHRISTIANA, CLYMER, COHEN, CONKLIN, D. COSTA, P. COSTA, COX, CREIGHTON, CRUZ, CURRY, CUTLER, DALEY, DAY, DEASY, DELOZIER, DePASQUALE, DeWEESE, ELLIS, J. EVANS, EVERETT, FABRIZIO, FAIRCHILD, FLECK, FREEMAN, GABIG, GABLER, GEIST, GEORGE, GERGELY, GIBBONS, GINGRICH, GRELL, GROVE, GRUCELA, HARHAI, HARHART, HARKINS, HARPER, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, M. KELLER, W. KELLER, KORTZ, KOTIK, KRIEGER, LEVDANSKY, LONGIETTI, MAHER, MAJOR, MANDERINO, MARKOSEK, MARSHALL, MATZIE, McGEEHAN, McILVAINE SMITH, MELIO, METCALFE, MICCARELLI, MILLARD, MILLER, MILNE, MIRABITO, MOUL, MURPHY, MURT, MUSTIO, OBERLANDER, PALLONE, PARKER, PAYNE, PAYTON, PEIFER, PERRY, PERZEL, PICKETT, PRESTON, QUINN, RAPP, READSHAW, REED, REESE, REICHLEY, ROAE, ROEBUCK, ROSS, SABATINA, SAINATO, SAMUELSON, SANTARSIERO, SANTONI, SAYLOR, SEIP, SHAPIRO, SIPTROTH, SONNEY, STEVENSON, SWANGER, TALLMAN, J. TAYLOR, R. TAYLOR, TRUE, TURZAI, VEREB, VITALI, VULAKOVICH, WANSACZ, WATERS, WHITE, WILLIAMS, YOUNGBLOOD AND YUDICHAK, JUNE 1, 2010

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 1, 2010  

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.

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, reenacted and amended November 24, 1976

(P.L.1166, No.260) and December 4, 1996 (P.L.906, No.146), 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)  Failing to permit an individual who signed a contract

for the provision of direct-to-home satellite transmission

service to rescind the contract without penalty regardless of

where the contract was signed, within seven days of the date of

signing and failing to provide the individual, without charge, a

completed copy of the contract at the time the contract is

executed which shall contain a notice explaining the

individual's right to rescind the contract. As used in this

subclause, "direct-to-home satellite transmission" shall mean

the transmission, distribution or broadcasting of video

programming or services by satellite directly to the premises of

an individual who has subscribed to the programming or services

without the use of ground receiving or distribution equipment,

except at the premises or in an uplink process to the satellite.

[(xxi)] (xxii)  Engaging in any other fraudulent or deceptive

conduct which creates a likelihood of confusion or of

misunderstanding.

Section 2.  This act shall take effect in 60 days.