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 contracts and effect of
7rescission.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 7(a), (b), (c) and (j.1) of the act of
11December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade
12Practices and Consumer Protection Law, reenacted and amended
13November 24, 1976 (P.L.1166, No.260), and amended or added
14December 4, 1996 (P.L.906, No.146) and November 30, 2004
15(P.L.1553, No.196), are amended and the section is amended by
16adding a subsection to read:

17Section 7. Contracts; Effect of Rescission.--(a) [Where]
18(1) Except as otherwise provided in paragraph (2), where goods
19or services having a sale price of twenty-five dollars ($25) or

1more are sold or contracted to be sold to a buyer, as a result
2of, or in connection with, a contact with or call on the buyer
3or resident at his residence either in person or by telephone,
4that consumer may avoid the contract or sale by notifying, in
5writing, the seller within three full business days following
6the day on which the contract or sale was made and by returning
7or holding available for return to the seller, in its original
8condition, any merchandise received under the contract or sale.
9Such notice of rescission shall be effective upon depositing the
10same in the United States mail or upon other service which gives
11the seller notice of rescission.

12(2) Where goods or services having a sale price of twenty-
13five dollars ($25) or more are sold or contracted to be sold to
14a buyer who is at least sixty-five years of age, as a result of,
15or in connection with, a contact with or call on the buyer or
16resident at his residence either in person or by telephone, that
17consumer may avoid the contract or sale by notifying, in
18writing, the seller within fifteen full business days following
19the day on which the contract or sale was made and by returning
20or holding available for return to the seller, in its original
21condition, any merchandise received under the contract or sale.
22Such notice of rescission shall be effective upon depositing the
23same in the United States mail or upon other service which gives
24the seller notice of rescission.

25(b) [At] Except as otherwise provided under subsection 
26(b.1), at the time of the sale or contract the buyer shall be
27provided with:

28(1) A fully completed receipt or copy of any contract
29pertaining to such sale, which is in the same language (Spanish,
30English, etc.) as that principally used in the oral sales

1presentation, and also in English, and which shows the date of
2the transaction and contains the name and address of the seller,
3and in immediate proximity to the space reserved in the contract
4for the signature of the buyer or on the front page of the
5receipt if a contract is not used and in bold face type of a
6minimum size of ten points, a statement in substantially the
7following form:

8"You, the buyer, may cancel this transaction at any time
9prior to midnight of the third business day after the date of
10this transaction. See the attached notice of cancellation
11form for an explanation of this right."

12(2) A completed form in duplicate, captioned "Notice of
13Cancellation," which shall be attached to the contract or
14receipt and easily detachable, and which shall contain in ten-
15point bold face type the following information and statements in
16the same language (Spanish, English, etc.) as that used in the
17contract:

18Notice of Cancellation

19(Enter Date of Transaction)

20You may cancel this transaction, without any penalty or
21obligation, within three business days from the above date.

22If you cancel, any property traded in, any payments made
23by you under the contract or sale, and any negotiable
24instrument executed by you will be returned within ten
25business days following receipt by the seller of your
26cancellation notice, and any security interest arising out of
27the transaction will be cancelled.

28If you cancel, you must make available to the seller at
29your residence in substantially as good condition as when
30received, any goods delivered to you under this contract or

1sale; or you may, if you wish, comply with the instructions
2of the seller regarding the return shipment of the goods at
3the seller's expense and risk.

4If you do make the goods available to the seller and the
5seller does not pick them up within twenty days of the date
6of your notice of cancellation, you may retain or dispose of
7the goods without any further obligation.

8If you fail to make the goods available to the seller, or
9if you agree to return the goods to the seller and fail to do
10so, then you remain liable for performance of all obligations
11under the contract.

12To cancel this transaction, mail or deliver a signed and
13dated copy of this cancellation notice or any other written
14notice, or send a telegram, to (name of seller), at (address
15of seller's place of business) not later than midnight of
16(date).

17I hereby cancel this transaction.

18...........................
19(Date)
20		..............................
21		(Buyer's Signature)

22(b.1) For a buyer who is at least sixty-five years of age,
23the statement required by subsection (b)(1) shall be in the same
24form, except that the right to cancel shall state the fifteenth
25business day and the notice of cancellation required by
26subsection (b)(2) shall be in the same form, except that the
27right to cancel shall state the time period of fifteen business
28days.

29(c) [Before] (1) Except as otherwise provided in paragraph 
30(2), before furnishing copies of the "Notice of Cancellation" to

1the buyer, both copies shall be completed by entering the name
2of the seller, the address of the seller's place of business,
3the date of the transaction, and the date, not earlier than the
4third business day following the date of the transaction, by
5which the buyer may give notice of cancellation.

6(2) Before furnishing copies of the "Notice of Cancellation"
7to a buyer who is at least sixty-five years of age, both copies
8shall be completed by entering the name of the seller, the
9address of the seller's place of business, the date of the
10transaction, and the date, not earlier than the fifteenth
11business day following the date of the transaction, by which the
12buyer may give notice of cancellation.

13* * *

14(j.1) (1) Rights afforded under this section may be waived
15only through the execution of an emergency authorization form:

16(i) where goods or services have a sale price of twenty-five
17dollars ($25) or more;

18(ii) are contracted to be sold to a buyer as a result of or
19in connection with a contact made by the buyer to the seller;
20and

21(iii) the goods or services contracted for are needed to
22remedy a bona fide emergency on the buyer's residential real
23property. Nothing in this subsection shall prohibit a seller
24contacted by a buyer as a result of a bona fide emergency from
25taking any immediate preliminary steps necessary to remedy a
26clear and immediate danger that may cause death or serious
27bodily injury to the buyer, the seller or other persons without
28having to obtain the emergency authorization form.

29(2) To obtain a waiver under this section, the seller must
30furnish the buyer with an emergency work authorization form as

1well as a written estimate of the goods or the performance of
2services. This authorization will allow the seller to
3immediately proceed with the delivery of the goods or the
4performance of the services necessary to remedy the bona fide
5emergency.

6(3) [The] Except as otherwise provided in paragraph (3.1), 
7the emergency work authorization form provided for in this
8section shall be:

9(i) on a preprinted card at least four inches by six inches
10in size; and

11(ii) the writing thereon must be in at least ten-point bold
12face type in the following form:

13Emergency Work Authorization

14(Enter Date of Transaction)

15You, the buyer, having initiated the contract for the
16goods and services of (enter the name of the seller), the
17seller, for the remediation of a bona fide emergency hereby
18authorize the seller to immediately proceed with the delivery
19of goods or the performance of services necessary to remedy
20the bona fide emergency. By providing the seller with this
21authorization, you agree to make full payment for the goods
22or services provided. You agree not to exercise the rights
23afforded you by the Unfair Trade Practices and Consumer
24Protection Law to cancel the contract within three business
25days from the above date.

26You, the buyer, attest that the attached estimate is an
27accurate description of the goods and services which will be
28provided by the seller for the correction of the bona fide
29emergency:

30...........................
20130HB0755PN0857 -6-
1(Date)
2		..............................
3		(Buyer's Signature)

4(3.1) For a buyer who is at least sixty-five years of age,
5the emergency work authorization form required under paragraph
6(3)(ii) shall state fifteen business days instead of three
7business days.

8* * *

9Section 2. This act shall take effect in 60 days.