AN ACT

 

1Amending the act of December 17, 1968 (P.L.1224, No.387),
2entitled "An act prohibiting unfair methods of competition
3and unfair or deceptive acts or practices in the conduct of
4any trade or commerce, giving the Attorney General and
5District Attorneys certain powers and duties and providing
6penalties," further providing for private actions.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1.  Section 9.2 of the act of December 17, 1968
10(P.L.1224, No.387), known as the Unfair Trade Practices and
11Consumer Protection Law, reenacted and amended November 24, 1976
12(P.L.1166, No.260) and amended December 4, 1996 (P.L.906,
13No.146), is amended to read:

14Section 9.2.  Private Actions.--(a)  Any person who purchases
15or leases goods or services primarily for personal, family or
16household purposes and thereby suffers any ascertainable loss of
17money or property, real or personal, as a result of the use or
18employment by any person of a method, act or practice declared
19unlawful by section 3 of this act, may bring a private action to

1recover actual damages or [one hundred dollars ($100)] five 
2hundred dollars ($500), whichever is greater. The court may, in
3its discretion, award up to three times the actual damages
4sustained, but not less than [one hundred dollars ($100)] five 
5hundred dollars ($500), and may provide such additional relief
6as it deems necessary or proper. The court may award to the
7plaintiff, in addition to other relief provided in this section,
8costs and reasonable attorney fees.

9(b)  Any permanent injunction, judgment or order of the court
10made under section 4 of this act shall be prima facie evidence
11in an action brought under section 9.2 of this act that the
12defendant used or employed acts or practices declared unlawful
13by section 3 of this act.

14Section 2.  This act shall apply to all causes of action
15occurring on or after the effective date of this section.

16Section 3.  This act shall take effect immediately.