THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PIPPY, RAFFERTY, ERICKSON, BROWNE, ALLOWAY, FONTANA, COSTA, FERLO, YUDICHAK AND MENSCH, JULY 25, 2011

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JULY 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 private

actions.

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) and amended December 4, 1996 (P.L.906,

No.146), 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.

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(2.1)  "Small business" means a business having ten or fewer

employes.

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(4)  "Unfair methods of competition" and "unfair or deceptive

acts or practices" mean any one or more of the following:

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(xxii)  Soliciting any order for sale of goods to be ordered

by the buyer by stating that the prices of the goods are fixed

and subsequent to the order, the seller adds an unknown

surcharge to the original purchase price. Small businesses shall

have a cause of action against sellers under this subclause.

Section 2.  Section 9.2(a) of the act, amended December 4,

1996 (P.L.906, No.146), is amended to read:

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

or leases goods or services primarily for personal, family or

household purposes and thereby suffers any ascertainable loss of

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

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

unlawful by section 3 of this act or a small business that is

harmed under section 2(4)(xxii), may bring a private action to

recover actual damages or one hundred dollars ($100), whichever

is greater. The court may, in its discretion, award up to three

times the actual damages sustained, but not less than one

hundred dollars ($100), and may provide such additional relief

as it deems necessary or proper. The court may award to the

plaintiff, in addition to other relief provided in this section,

costs and reasonable attorney fees.

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Section 3.  This act shall take effect in 60 days.