THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WASHINGTON, COSTA, FARNESE, RAFFERTY, BREWSTER AND WOZNIAK, MARCH 25, 2011

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 25, 2011  

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 and for

unlawful acts or practices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2(4) 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), is amended by adding a subclause and the

section is amended by adding a clause 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:

* * *

(xxii)  Engaging in the business practice of charging

restocking fees for consumer returns of retail items that exceed

ten percent of the original purchase price or fifty dollars of

the original purchase price.

(5)  "Restocking fee" means any charge for acceptance by a

merchant of returned goods by a purchaser which goods are

restocked for resale.

Section 2.  Section 3 of the act, amended November 29, 2006

(P.L.1624, No.185), is 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) 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 3.  This act shall take effect in 60 days.