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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: January 20, 2017 10:23 AM
From: Representative Anthony M. DeLuca
To: All House members
Subject: Amending Unfair Trade Practices & Consumer Protection Law re: Private Actions (HB243 of 2015)
 

I will be re-introducing House Bill 243 from last session. This important legislation amends Trade Practices and Consumer Protection Law regarding Private Actions by increasing the amount to $500, as the amount up to which a person can sue for actual damages as a private action under the law.

Currently, a person may sue under this statute for actual damages or $100 whichever is greater. This dollar amount has remained constant since this was enacted in 1968.

Certainly, $100 does not carry the same weight as it did almost 50 years ago. This issue was brought to my attention by Mary Bach, a long time consumer advocate in Allegheny County. Section 9.2 of this Act is outdated and needs to be amended to reflect today’s needs.

Previously, my legislation making this much needed update was unanimously approved by the full House in the 2009-2010 session; subsequent bills were reported out of the Consumer Affairs Committee in 2012 and again in 2013 with unanimous votes.

There is no cost to the Commonwealth for this change. My bill will simply change this ceiling amount from $100 to $500 as a matter of fairness for consumers who take action under this law and prevail in court.

I invite you to join me as a co-sponsor of this legislation to bring this section of the Statute more up to date than a dollar amount instituted almost 50 years ago. Thank you.



Introduced as HB475