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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WASHINGTON, COSTA, FARNESE, RAFFERTY, BREWSTER AND WOZNIAK, MARCH 25, 2011 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 25, 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 |
7 | unlawful acts or practices. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 2(4) 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 subclause and the |
14 | section is amended by adding a clause to read: |
15 | Section 2. Definitions.--As used in this act. |
16 | * * * |
17 | (4) "Unfair methods of competition" and "unfair or deceptive |
18 | acts or practices" mean any one or more of the following: |
19 | * * * |
20 | (xxii) Engaging in the business practice of charging |
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1 | restocking fees for consumer returns of retail items that exceed |
2 | ten percent of the original purchase price or fifty dollars of |
3 | the original purchase price. |
4 | (5) "Restocking fee" means any charge for acceptance by a |
5 | merchant of returned goods by a purchaser which goods are |
6 | restocked for resale. |
7 | Section 2. Section 3 of the act, amended November 29, 2006 |
8 | (P.L.1624, No.185), is amended to read: |
9 | Section 3. Unlawful Acts or Practices; Exclusions.--Unfair |
10 | methods of competition and unfair or deceptive acts or practices |
11 | in the conduct of any trade or commerce as defined by |
12 | [subclauses (i) through (xxi) of] clause (4) of section 2 of |
13 | this act and regulations promulgated under section 3.1 of this |
14 | act are hereby declared unlawful. The provisions of this act |
15 | shall not apply to any owner, agent or employe of any radio or |
16 | television station, or to any owner, publisher, printer, agent |
17 | or employe of an Internet service provider or a newspaper or |
18 | other publication, periodical or circular, who, in good faith |
19 | and without knowledge of the falsity or deceptive character |
20 | thereof, publishes, causes to be published or takes part in the |
21 | publication of such advertisement. |
22 | Section 3. This act shall take effect in 60 days. |
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