PRINTER'S NO. 2199
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1654
Session of
2019
INTRODUCED BY B. MILLER, MURT, ZIMMERMAN, T. DAVIS, NEILSON,
DeLUCA, BOBACK AND RADER, JUNE 19, 2019
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 19, 2019
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," further providing for definitions and 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 a subclause to
read:
Section 2. Definitions.--As used in this act.
* * *
(4) "Unfair methods of competition" and "unfair or deceptive
acts or practices" mean any one or more of the following:
* * *
(xxii) Refusing to issue a refund at the full purchase price
for a returned item in the same form of payment in which the
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good was purchased if proof of purchase is presented within 14
days following the purchase. The provisions of this subclause
shall not apply if:
(A) the good has been used, altered or damaged after
purchase;
(B) the good is a of a type that is unsuitable for resale,
including a customer-ordered or customized good; or
(C) a refund policy was explained or conspicuously posted in
the establishment or at the point of sale.
Section 2. Section 3 of the act is amended to read:
Section 3. Unlawful Acts or Practices; Exclusions.--Unfair
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)] (xxii) 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
thereof, publishes, causes to be published or takes part in the
publication of such advertisement.
Section 3. This act shall take effect in 60 days.
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