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 definitions and for
7unlawful acts or practices and exclusions.

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

10Section 1. Section 2(4)(xxi) of the act of December 17, 1968 
11(P.L.1224, No.387), known as the Unfair Trade Practices and 
12Consumer Protection Law, reenacted and amended November 24, 1976 
13(P.L.1166, No.260) and amended December 4, 1996 (P.L.906, 
14No.146), is amended and the clause is amended by adding a
15subclause to read:

16Section 2. Definitions.--As used in this act.

17* * *

18(4) "Unfair methods of competition" and "unfair or deceptive
19acts or practices" mean any one or more of the following:

20* * *

1(xxi) Delivering propane or heating fuel to a residential
2customer, who has agreed to automatic delivery, without
3notifying the customer at least ten days prior to delivery of
4the price of the propane or heating fuel if the price is more
5than the price of propane or heating fuel delivered the last
6time to the customer.

7[(xxi)] (xxii) Engaging in any other fraudulent or deceptive
8conduct which creates a likelihood of confusion or of
9misunderstanding.

10Section 2. Section 3 of the act, amended November 29, 2006
11(P.L.1624, No.185), is amended to read:

12Section 3. Unlawful Acts or Practices; Exclusions.--Unfair
13methods of competition and unfair or deceptive acts or practices
14in the conduct of any trade or commerce as defined by
15[subclauses (i) through (xxi) of] clause (4) of section 2 of
16this act and regulations promulgated under section 3.1 of this
17act are hereby declared unlawful. The provisions of this act
18shall not apply to any owner, agent or employe of any radio or
19television station, or to any owner, publisher, printer, agent
20or employe of an Internet service provider or a newspaper or
21other publication, periodical or circular, who, in good faith
22and without knowledge of the falsity or deceptive character
23thereof, publishes, causes to be published or takes part in the
24publication of such advertisement.

25Section 3. This act shall take effect in 60 days.