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 defining "unfair or deceptive acts or
7practices"; and further providing for unlawful acts or
8practices and exclusions.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

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

15Section 2.  Definitions.--As used in this act.

16* * *

17(4)  "Unfair methods of competition" and "unfair or deceptive
18acts or practices" mean any one or more of the following:

19* * *

20(xxi.1)  Failing to disclose to members of the consuming

1public a retail establishment's refund and exchange policy as to
2all merchandise exposed or offered for sale at retail, unless
3the policy is clearly and conspicuously posted in the following
4manner:

5(A)  on a sign attached to the merchandise itself;

6(B)  on a sign affixed to each cash register or point of
7sale;

8(C)  on a sign so situated as to be clearly visible to the
9buyer from the cash register; or

10(D)  on a sign posted at each store entrance used by members
11of the consuming public.

12The sign shall conspicuously disclose any and all material
13conditions of, or qualifications to, the policy, including,
14without limitation: whether a refund will be given on
15merchandise for which no proof of purchase exists; whether a
16refund will be given at any time, or only up to a specified time
17after the date of purchase; and whether a refund will be given
18in cash, as a credit to the account on which the purchase was
19debited or as a store credit only.

20(xxi.2)  Failing to disclose to members of the consuming
21public that a retail establishment charges a restocking fee on a
22product it sells, unless the retail establishment:

23(A)  discloses in any print advertising and promotional
24material, including a catalog, that a restocking fee may apply
25to the purchase of goods, and the disclosure is printed in a
26clear and conspicuous manner in the advertising and promotional
27material;

28(B)  posts a notice stating that a restocking fee may apply
29to the purchase of goods and where the customer may obtain the
30full restocking fee policy and makes the notice clearly and

1conspicuously visible to the customer before purchase;

2(C)  discloses on the sales receipt in a conspicuous manner
3in type at least as large as the majority of the printed text on
4the receipt and in print that is clear and legible, both of the
5following:

6(I)  that a restocking fee may apply to the purchased good;
7and

8(II)  where the customer may obtain the full restocking fee
9policy; and

10(D)  at the point of purchase for a good on the Internet
11website of the retail establishment, discloses that a restocking
12fee may apply to the purchase of goods. The retail establishment
13shall provide the full restocking fee policy on the Internet
14website in a clear and conspicuous manner.

15Section 2.  Section 3 of the act, amended November 29, 2006 
16(P.L.1624, No.185), is amended to read:

17Section 3.  Unlawful Acts or Practices; Exclusions.--Unfair
18methods of competition and unfair or deceptive acts or practices
19in the conduct of any trade or commerce as defined by
20[subclauses (i) through (xxi) of] clause (4) of section 2 of
21this act and regulations promulgated under section 3.1 of this
22act are hereby declared unlawful. The provisions of this act
23shall not apply to any owner, agent or employe of any radio or
24television station, or to any owner, publisher, printer, agent
25or employe of an Internet service provider or a newspaper or
26other publication, periodical or circular, who, in good faith
27and without knowledge of the falsity or deceptive character
28thereof, publishes, causes to be published or takes part in the
29publication of such advertisement.

30Section 3.  This act shall take effect in 60 days.