PRINTER'S NO.  356

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

372

Session of

2011

  

  

INTRODUCED BY D. WHITE, TARTAGLIONE, WARD, RAFFERTY, LEACH, WAUGH, M. WHITE, WOZNIAK, STACK, EARLL AND FERLO, FEBRUARY 1, 2011

  

  

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, FEBRUARY 1, 2011  

  

  

  

AN ACT

  

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Amending the act of December 17, 1968 (P.L.1224, No.387),

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entitled "An act prohibiting unfair methods of competition

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and unfair or deceptive acts or practices in the conduct of

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any trade or commerce, giving the Attorney General and

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District Attorneys certain powers and duties and providing

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penalties," further providing for definitions and for private

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actions.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 2 of the act of December 17, 1968

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(P.L.1224, No.387), known as the Unfair Trade Practices and

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Consumer Protection Law, reenacted and amended November 24, 1976

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(P.L.1166, No.260), is amended by adding a clause to read:

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Section 2.  Definitions.--As used in this act.

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* * *

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(1.2)  "Minimal damages" means five hundred dollars ($500),

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subject to annual adjustment by the Attorney General to reflect

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changes in the Consumer Price Index for All Urban Consumers for

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the Pennsylvania, New Jersey, Delaware and Maryland area in the

 


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preceding 12 months, submitted to the Legislative Reference

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Bureau for publication as a notice in the Pennsylvania Bulletin.

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* * *

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Section 2.  Section 9.2 of the act, amended December 4, 1996

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(P.L.906, No.146), is amended to read:

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Section 9.2.  Private Actions.--(a)  Any person who purchases

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or leases goods or services primarily for personal, family or

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household purposes and thereby suffers any ascertainable loss of

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money or property, real or personal, as a result of the use or

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employment by any person of a method, act or practice declared

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unlawful by section 3 of this act, may bring a private action to

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recover actual damages or [one hundred dollars ($100)] minimal

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damages, whichever is greater. The court may, in its discretion,

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award up to three times the actual damages sustained, but not

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less than [one hundred dollars ($100)] minimal damages, and may

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provide such additional relief as it deems necessary or proper.

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The court may award to the plaintiff, in addition to other

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relief provided in this section, costs and reasonable attorney

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fees.  

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(b)  Any permanent injunction, judgment or order of the court

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made under section 4 of this act shall be prima facie evidence

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in an action brought under section 9.2 of this act that the

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defendant used or employed acts or practices declared unlawful

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by section 3 of this act.

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Section 3.  The amendment of section 9.2 of the act shall

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apply to a cause of action which arises on or after the

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effective date of this section.

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Section 4.  This act shall take effect in 60 days.

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