PRIOR PRINTER'S NO. 1922 PRINTER'S NO. 2914
No. 1551 Session of 1983
INTRODUCED BY FATTAH, LINTON, MANDERINO, OLIVER, TRELLO, RIEGER,
DALEY, DONATUCCI, PETRARCA, TRUMAN, BELFANTI, WILLIAMS,
KOSINSKI, KASUNIC, EVANS, WIGGINS, RYBAK, KOWALYSHYN,
WAMBACH, FREEMAN, WOZNIAK, O'DONNELL, D. R. WRIGHT, McCALL,
RICHARDSON, DOMBROWSKI, RAPPAPORT, GEORGE, JAROLIN,
LIVENGOOD, FEE, DEAL, SALOOM, DeWEESE, TIGUE, BLAUM, HOEFFEL,
MORRIS, CAPPABIANCA, BARBER, STEWART, RUDY, McHALE,
AFFLERBACH, HALUSKA, HARPER, LLOYD, BALDWIN, STUBAN, WARGO,
CLARK, BATTISTO, COLE, COWELL, MURPHY, COLAFELLA, ALDERETTE,
CORDISCO, CALTAGIRONE, MICHLOVIC, VAN HORNE, GAMBLE,
MAYERNIK, LESCOVITZ, LUCYK, LETTERMAN, DAWIDA, PRESTON,
MARKOSEK AND COY, OCTOBER 4, 1983
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 8, 1984
AN ACT
1 Prohibiting persons from refusing to provide property or
2 services to individuals who do not possess credit cards;
3 providing for enforcement of the act; providing remedies; and
4 imposing civil penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Cash Consumer
9 Protection Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
1 "Credit card." A writing or number or other evidence of an <--
2 undertaking to pay for property or services delivered or
3 rendered to or upon the order of a designated person or bearer.
4 "CREDIT CARD." A DEVICE OR INSTRUMENT WHICH ENTITLES THE <--
5 HOLDER TO OBTAIN MONEY, GOODS, SERVICES OR ANYTHING OF VALUE ON
6 CREDIT.
7 "Person." An individual, corporation, trust, partnership,
8 limited partnership, incorporated or unincorporated association
9 or other entity.
10 Section 3. Refusal to provide property prohibited.
11 It shall be unlawful for any person to refuse to provide <--
12 property or services to any individual for the reason that the
13 individual does not possess a credit card.
14 IT SHALL BE UNLAWFUL FOR ANY PERSON TO REFUSE TO RENT OR SELL <--
15 PROPERTY OR SERVICES TO ANY INDIVIDUAL FOR THE REASON THAT THE
16 INDIVIDUAL DOES NOT POSSESS A CREDIT CARD. NOTHING IN THIS
17 SECTION REQUIRES THE ACCEPTANCE OF ANY PARTICULAR FORM OF
18 PAYMENT.
19 Section 4. Reasonable security authorized; excessive security
20 prohibited.
21 (a) Demand for security.--A person may, prior to providing
22 property or services to an individual who does not possess a
23 credit card, demand and receive reasonable security from the
24 individual to secure payment for the property or services
25 requested. Reasonable security may take the form of a payment in
26 cash on account reasonably related to the value of the property
27 or services to be provided or any other appropriate assurance.
28 (b) Excessive security prohibited.--Demanding or receiving
29 an unreasonable or excessive amount of security is unlawful.
30 Section 5. Injunctive relief.
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1 Whenever the Attorney General or a district attorney has
2 reason to believe that any person is violating or is about to
3 violate section 3 or 4 and that proceedings would be in the
4 public interest, the Attorney General or a district attorney may
5 bring an action in the name of the Commonwealth against the
6 person to restrain by temporary or permanent injunction
7 violations of section 3 or 4.
8 Section 6. Payment of costs and restitution.
9 Whenever any court issues a permanent injunction to restrain
10 and prevent violations of this act as authorized in section 5,
11 the court may in its discretion direct that the defendant or
12 defendants restore to any individual in interest any moneys or
13 property which may have been acquired by means of any violation
14 of this act, under terms and conditions to be established by the
15 court.
16 Section 7. Assurances of voluntary compliance.
17 In the administration of this act, the Attorney General may
18 accept an assurance of voluntary compliance with respect to any
19 method, act or practice deemed to be violative of the act from
20 any person who has engaged or was about to engage in the method,
21 act or practice. The assurance may include a stipulation for
22 voluntary payment by the alleged violator providing for the
23 restitution by the alleged violator to individuals of money or
24 other things received from them in connection with a violation
25 of this act. Any assurance shall be in writing and be filed with
26 the court. The assurance of voluntary compliance shall not be
27 considered an admission of violation for any purpose. Matters
28 thus closed may at any time be reopened by the Attorney General
29 for further proceedings in the public interest, pursuant to
30 section 5.
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1 Section 8. Civil penalties.
2 (a) Violation of injunction.--Any person who violates the
3 terms of an injunction issued under section 5 or any of the
4 terms of an assurance of voluntary compliance duly filed in
5 court under section 7 shall forfeit and pay to the Commonwealth
6 a civil penalty of not more than $5,000 $1,000 for each <--
7 violation. For the purposes of this section, the court issuing
8 an injunction or in which an assurance of voluntary compliance
9 is filed shall retain jurisdiction and the cause shall be
10 continued and, in such cases, the Attorney General or the
11 appropriate district attorney, acting in the name of the
12 Commonwealth may petition for recovery of civil penalties and
13 any other equitable relief deemed needed or proper.
14 (b) Willful violations of act.--In any action brought under
15 section 5, if the court finds that a person is willfully using
16 or has willfully used a method, act or practice declared
17 unlawful by section 3 or 4, the Attorney General or the
18 appropriate district attorney, acting in the name of the
19 Commonwealth, may recover, on behalf of the Commonwealth, a
20 civil penalty not exceeding $1,000 $200 per violation, which <--
21 civil penalty shall be in addition to other relief which may be
22 granted under sections 5 and 6.
23 Section 9. Private actions.
24 (a) Amount of damages.--Any person who suffers any
25 ascertainable loss of money or property, as a result of the use
26 or employment by any person of a method, act or practice
27 declared unlawful by section 3 or 4 may bring a private action
28 to recover actual damages or $100, whichever is greater. The
29 court may, in its discretion, award up to three times the actual
30 damages sustained, but not less than $100, and may provide
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1 additional relief as it deems necessary or proper. The court
2 shall award reasonable attorney's fees to a person who prevails
3 in an action brought pursuant to this subsection.
4 (b) Injunction prima facie evidence of violation.--Any
5 permanent injunction, judgment or order of the court made under
6 section 5 shall be prima facie evidence in an action brought
7 under subsection (a) that the defendant used or employed acts or
8 practices declared unlawful by section 3 or 4.
9 Section 10. Effective date.
10 This act shall take effect in 60 days.
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