PRINTER'S NO. 56

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

75

Session of

2017

INTRODUCED BY GREENLEAF, BREWSTER, COSTA, FARNESE, SCHWANK AND

RAFFERTY, JANUARY 12, 2017

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

District Attorneys certain powers and duties and providing

penalties," further defining "unfair or deceptive acts or

practices"; and further providing for unlawful acts or

practices and exclusions.

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, is amended by adding subclauses to

read:

public a retail establishment's refund and exchange policy as to

all merchandise exposed or offered for sale at retail, unless

the policy is clearly and conspicuously posted in the following

manner:

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

(B) on a sign affixed to each cash register or point of

sale;

(C) on a sign so situated as to be clearly visible to the

buyer from the cash register; or

(D) on a sign posted at each store entrance used by members

of the consuming public.

in cash, as a credit to the account on which the purchase was

debited or as a store credit only.

(xx.2) Failing to disclose to members of the consuming

public that a retail establishment charges a restocking fee on a

product it sells, unless the retail establishment:

(A) discloses in any print advertising and promotional

material, including a catalog, that a restocking fee may apply

to the purchase of goods, and the disclosure is printed in a

clear and conspicuous manner in the advertising and promotional

material;

conspicuously visible to the consumer before purchase;

(C) discloses on the sales receipt in a conspicuous manner

in type at least as large as the majority of the printed text on

the receipt and in print that is clear and legible, both of the

following:

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

and

(II) where the customer may obtain the full restocking fee

policy; and

(D) at the point of purchase for a good on the Internet

website of the retail establishment, discloses that a restocking

methods of competition and unfair or deceptive acts or practices

in the conduct of any trade or commerce as defined by

[subclauses (i) through (xxi) of] clause (4) of section 2 of

this act and regulations promulgated under section 3.1 of this

act are hereby declared unlawful. The provisions of this act

shall not apply to any owner, agent or employe of any radio or

television station, or to any owner, publisher, printer, agent

or employe of an Internet service provider or a newspaper or

other publication, periodical or circular, who, in good faith

and without knowledge of the falsity or deceptive character