PRINTER'S NO. 2939
No. 2280 Session of 1995
INTRODUCED BY TANGRETTI, SHANER, BELARDI, PESCI, MICOZZIE,
TRELLO, VAN HORNE, PETRARCA, YOUNGBLOOD, McGEEHAN, STEELMAN,
READSHAW, MELIO, SATHER, TIGUE, KUKOVICH, THOMAS, WALKO,
LAUGHLIN, MANDERINO, STABACK, SAINATO, E. Z. TAYLOR, EVANS
AND M. COHEN, DECEMBER 13, 1995
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, DECEMBER 13, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for deceptive
3 business practices relating to nonperformance of consumer
4 contracts.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 4107 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 4107. Deceptive business practices.
10 (a) Offense defined.--A person commits a misdemeanor of the
11 second degree if, in the course of business, he:
12 (1) uses or possesses for use a false weight or measure,
13 or any other device for falsely determining or recording any
14 quality or quantity;
15 (2) sells, offers or exposes for sale, or delivers less
16 than the represented quantity of any commodity or service;
17 (3) takes or attempts to take more than the represented
1 quantity of any commodity or service when as buyer he
2 furnishes the weight or measure;
3 (4) sells, offers or exposes for sale adulterated or
4 mislabeled commodities;
5 (5) makes a false or misleading statement in any
6 advertisement addressed to the public or to a substantial
7 segment thereof for the purpose of promoting the purchase or
8 sale of property or services;
9 (6) makes a false or misleading written statement for
10 the purpose of obtaining property or credit; [or]
11 (7) makes a false or misleading written statement for
12 the purpose of promoting the sale of securities, or omits
13 information required by law to be disclosed in written
14 documents relating to securities[.]; or
15 (8) signs a contract with a consumer for services and
16 receives at least 50% payment under the contract and performs
17 no services.
18 (b) Defenses.--It is a defense to prosecution under this
19 section if the defendant proves by a preponderance of the
20 evidence that his conduct was not knowingly or recklessly
21 deceptive.
22 (c) Definitions.--As used in this section the following
23 words shall have the meanings given to them in this subsection:
24 "Adulterated." Varying from the standard of composition or
25 quality prescribed by or pursuant to any statute providing
26 criminal penalties for such variance, or set by established
27 commercial usage.
28 "Mislabeled." Varying from the standard of trust or
29 disclosure in labeling prescribed by or pursuant to any statute
30 providing criminal penalties for such variance, or set by
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1 established commercial usage.
2 Section 2. This act shall take effect in 60 days.
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