| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY SWANGER, BEAR, CALTAGIRONE, DeLUCA, DONATUCCI, GINGRICH, GOODMAN, GROVE, HORNAMAN, JOSEPHS, KAUFFMAN, KOTIK, KULA, McGEEHAN, MICOZZIE, MIRABITO, MOUL, MURT, PETRARCA, READSHAW, REICHLEY, ROCK, VULAKOVICH AND WHITE, MARCH 14, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 14, 2011 |
| |
| |
| |
| 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 providing for contracts and effect of |
7 | rescission. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 7(a), (b), (c) and (j.1) of the act of |
11 | December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade |
12 | Practices and Consumer Protection Law, reenacted and amended |
13 | November 24, 1976 (P.L.1166, No.260), and amended or added |
14 | December 4, 1996 (P.L.906, No.146) and November 30, 2004 |
15 | (P.L.1553, No.196), are amended and the section is amended by |
16 | adding a subsection to read: |
17 | Section 7. Contracts; Effect of Rescission.--(a) [Where] |
18 | (1) Except as otherwise provided in paragraph (2), where goods |
19 | or services having a sale price of twenty-five dollars ($25) or |
|
1 | more are sold or contracted to be sold to a buyer, as a result |
2 | of, or in connection with, a contact with or call on the buyer |
3 | or resident at his residence either in person or by telephone, |
4 | that consumer may avoid the contract or sale by notifying, in |
5 | writing, the seller within three full business days following |
6 | the day on which the contract or sale was made and by returning |
7 | or holding available for return to the seller, in its original |
8 | condition, any merchandise received under the contract or sale. |
9 | Such notice of rescission shall be effective upon depositing the |
10 | same in the United States mail or upon other service which gives |
11 | the seller notice of rescission. |
12 | (2) Where goods or services having a sale price of twenty- |
13 | five dollars ($25) or more are sold or contracted to be sold to |
14 | a buyer who is at least 65 years of age, as a result of, or in |
15 | connection with, a contact with or call on the buyer or resident |
16 | at his residence either in person or by telephone, that consumer |
17 | may avoid the contract or sale by notifying, in writing, the |
18 | seller within 15 full business days following the day on which |
19 | the contract or sale was made and by returning or holding |
20 | available for return to the seller, in its original condition, |
21 | any merchandise received under the contract or sale. Such notice |
22 | of rescission shall be effective upon depositing the same in the |
23 | United States mail or upon other service which gives the seller |
24 | notice of rescission. |
25 | (b) [At] Except as otherwise provided under subsection |
26 | (b.1), at the time of the sale or contract the buyer shall be |
27 | provided with: |
28 | (1) A fully completed receipt or copy of any contract |
29 | pertaining to such sale, which is in the same language (Spanish, |
30 | English, etc.) as that principally used in the oral sales |
|
1 | presentation, and also in English, and which shows the date of |
2 | the transaction and contains the name and address of the seller, |
3 | and in immediate proximity to the space reserved in the contract |
4 | for the signature of the buyer or on the front page of the |
5 | receipt if a contract is not used and in bold face type of a |
6 | minimum size of ten points, a statement in substantially the |
7 | following form: |
8 | "You, the buyer, may cancel this transaction at any time |
9 | prior to midnight of the third business day after the date of |
10 | this transaction. See the attached notice of cancellation |
11 | form for an explanation of this right." |
12 | (2) A completed form in duplicate, captioned "Notice of |
13 | Cancellation," which shall be attached to the contract or |
14 | receipt and easily detachable, and which shall contain in ten- |
15 | point bold face type the following information and statements in |
16 | the same language (Spanish, English, etc.) as that used in the |
17 | contract: |
18 | Notice of Cancellation |
19 | (Enter Date of Transaction) |
20 | You may cancel this transaction, without any penalty or |
21 | obligation, within three business days from the above date. |
22 | If you cancel, any property traded in, any payments made |
23 | by you under the contract or sale, and any negotiable |
24 | instrument executed by you will be returned within ten |
25 | business days following receipt by the seller of your |
26 | cancellation notice, and any security interest arising out of |
27 | the transaction will be cancelled. |
28 | If you cancel, you must make available to the seller at |
29 | your residence in substantially as good condition as when |
30 | received, any goods delivered to you under this contract or |
|
1 | sale; or you may, if you wish, comply with the instructions |
2 | of the seller regarding the return shipment of the goods at |
3 | the seller's expense and risk. |
4 | If you do make the goods available to the seller and the |
5 | seller does not pick them up within twenty days of the date |
6 | of your notice of cancellation, you may retain or dispose of |
7 | the goods without any further obligation. |
8 | If you fail to make the goods available to the seller, or |
9 | if you agree to return the goods to the seller and fail to do |
10 | so, then you remain liable for performance of all obligations |
11 | under the contract. |
12 | To cancel this transaction, mail or deliver a signed and |
13 | dated copy of this cancellation notice or any other written |
14 | notice, or send a telegram, to (name of seller), at (address |
15 | of seller's place of business) not later than midnight of |
16 | (date). |
17 | I hereby cancel this transaction. |
18 | ........................... | | | 19 | (Date) | | | 20 | | | .............................. | 21 | | | (Buyer's Signature) |
|
22 | (b.1) For a buyer who is at least 65 years of age, the |
23 | statement required by subsection (b.1) shall be in the same |
24 | form, except that the right to cancel shall state the fifteenth |
25 | business day and the notice of cancellation required by |
26 | subsection (b)(2) shall be in the same form, except that the |
27 | right to cancel shall state the time period of fifteen business |
28 | days. |
29 | (c) [Before] (1) Except as otherwise provided in paragraph |
30 | (2), before furnishing copies of the "Notice of Cancellation" to |
|
1 | the buyer, both copies shall be completed by entering the name |
2 | of the seller, the address of the seller's place of business, |
3 | the date of the transaction, and the date, not earlier than the |
4 | third business day following the date of the transaction, by |
5 | which the buyer may give notice of cancellation. |
6 | (2) Before furnishing copies of the "Notice of Cancellation" |
7 | to a buyer who is at least 65 years of age, both copies shall be |
8 | completed by entering the name of the seller, the address of the |
9 | seller's place of business, the date of the transaction, and the |
10 | date, not earlier than the fifteenth business day following the |
11 | date of the transaction, by which the buyer may give notice of |
12 | cancellation. |
13 | * * * |
14 | (j.1) (1) Rights afforded under this section may be waived |
15 | only through the execution of an emergency authorization form: |
16 | (i) where goods or services have a sale price of twenty-five |
17 | dollars ($25) or more; |
18 | (ii) are contracted to be sold to a buyer as a result of or |
19 | in connection with a contact made by the buyer to the seller; |
20 | and |
21 | (iii) the goods or services contracted for are needed to |
22 | remedy a bona fide emergency on the buyer's residential real |
23 | property. Nothing in this subsection shall prohibit a seller |
24 | contacted by a buyer as a result of a bona fide emergency from |
25 | taking any immediate preliminary steps necessary to remedy a |
26 | clear and immediate danger that may cause death or serious |
27 | bodily injury to the buyer, the seller or other persons without |
28 | having to obtain the emergency authorization form. |
29 | (2) To obtain a waiver under this section, the seller must |
30 | furnish the buyer with an emergency work authorization form as |
|
1 | well as a written estimate of the goods or the performance of |
2 | services. This authorization will allow the seller to |
3 | immediately proceed with the delivery of the goods or the |
4 | performance of the services necessary to remedy the bona fide |
5 | emergency. |
6 | (3) [The] Except as otherwise provided in paragraph (3.1), |
7 | the emergency work authorization form provided for in this |
8 | section shall be: |
9 | (i) on a preprinted card at least four inches by six inches |
10 | in size; and |
11 | (ii) the writing thereon must be in at least ten-point bold |
12 | face type in the following form: |
13 | Emergency Work Authorization |
14 | (Enter Date of Transaction) |
15 | You, the buyer, having initiated the contract for the |
16 | goods and services of (enter the name of the seller), the |
17 | seller, for the remediation of a bona fide emergency hereby |
18 | authorize the seller to immediately proceed with the delivery |
19 | of goods or the performance of services necessary to remedy |
20 | the bona fide emergency. By providing the seller with this |
21 | authorization, you agree to make full payment for the goods |
22 | or services provided. You agree not to exercise the rights |
23 | afforded you by the Unfair Trade Practices and Consumer |
24 | Protection Law to cancel the contract within three business |
25 | days from the above date. |
26 | You, the buyer, attest that the attached estimate is an |
27 | accurate description of the goods and services which will be |
28 | provided by the seller for the correction of the bona fide |
29 | emergency: |
30 | ........................... | | | | 1 | (Date) | | | 2 | | | .............................. | 3 | | | (Buyer's Signature) |
|
4 | (3.1) For a buyer who is at least 65 years of age, the |
5 | emergency work authorization form required under paragraph (3) |
6 | (ii) shall state fifteen business days instead of three business |
7 | days. |
8 | * * * |
9 | Section 2. This act shall take effect in 60 days. |
|