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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY D. WHITE, TARTAGLIONE, WARD, RAFFERTY, LEACH, WAUGH, M. WHITE, WOZNIAK, STACK, EARLL AND FERLO, FEBRUARY 1, 2011 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, FEBRUARY 1, 2011 |
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| AN ACT |
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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 definitions and for private |
7 | actions. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 2 of the act of December 17, 1968 |
11 | (P.L.1224, No.387), known as the Unfair Trade Practices and |
12 | Consumer Protection Law, reenacted and amended November 24, 1976 |
13 | (P.L.1166, No.260), is amended by adding a clause to read: |
14 | Section 2. Definitions.--As used in this act. |
15 | * * * |
16 | (1.2) "Minimal damages" means five hundred dollars ($500), |
17 | subject to annual adjustment by the Attorney General to reflect |
18 | changes in the Consumer Price Index for All Urban Consumers for |
19 | the Pennsylvania, New Jersey, Delaware and Maryland area in the |
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1 | preceding 12 months, submitted to the Legislative Reference |
2 | Bureau for publication as a notice in the Pennsylvania Bulletin. |
3 | * * * |
4 | Section 2. Section 9.2 of the act, amended December 4, 1996 |
5 | (P.L.906, No.146), is amended to read: |
6 | Section 9.2. Private Actions.--(a) Any person who purchases |
7 | or leases goods or services primarily for personal, family or |
8 | household purposes and thereby suffers any ascertainable loss of |
9 | money or property, real or personal, as a result of the use or |
10 | employment by any person of a method, act or practice declared |
11 | unlawful by section 3 of this act, may bring a private action to |
12 | recover actual damages or [one hundred dollars ($100)] minimal |
13 | damages, whichever is greater. The court may, in its discretion, |
14 | award up to three times the actual damages sustained, but not |
15 | less than [one hundred dollars ($100)] minimal damages, and may |
16 | provide such additional relief as it deems necessary or proper. |
17 | The court may award to the plaintiff, in addition to other |
18 | relief provided in this section, costs and reasonable attorney |
19 | fees. |
20 | (b) Any permanent injunction, judgment or order of the court |
21 | made under section 4 of this act shall be prima facie evidence |
22 | in an action brought under section 9.2 of this act that the |
23 | defendant used or employed acts or practices declared unlawful |
24 | by section 3 of this act. |
25 | Section 3. The amendment of section 9.2 of the act shall |
26 | apply to a cause of action which arises on or after the |
27 | effective date of this section. |
28 | Section 4. This act shall take effect in 60 days. |
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