PRINTER'S NO. 4218
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2762
Session of
2020
INTRODUCED BY CIRESI, WILLIAMS, KIM, SCHLOSSBERG, WEBSTER,
MERSKI, DONATUCCI, MURT, FREEMAN, HILL-EVANS, RABB, BROOKS,
KEEFER, DELLOSO, SANCHEZ, NEILSON, McCLINTON, SAMUELSON AND
WARREN, AUGUST 7, 2020
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, AUGUST 7, 2020
AN ACT
Providing for prohibition of early termination fees of contracts
for deceased individuals and for waiver of applicable fees;
and imposing civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Prohibition
of Early Termination Fees for Contracts of Deceased Individuals
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Provider." A person or entity in this Commonwealth that
provides contract services for cable television, cellular or
other telecommunications, direct broadcast satellite, electric
generation, heating oil, natural gas supply, Voice over Internet
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Protocol or water.
Section 3. Prohibition on early termination.
(a) General rule.--A provider may not impose a fee for
termination or early cancellation of a service contract if the
individual is deceased before complete performance of the
contract and the executor of the deceased individual provides
notice under subsection (c).
(b) Vehicle lease applicability.--A retail lessee shall not
be liable for charges for the early termination of a lease
agreement of a motor vehicle if the lessee is deceased before
the end of the lease and the executor of the deceased individual
provides notice under subsection (c).
(c) Executor notice of death.--The executor of an individual
who is deceased may opt out of the contract with a provider or
vehicle lessor without paying an early termination fee or
similar charge if the executor, in good faith, opts out of the
contract in writing. The executor shall submit a copy of the
deceased individual's certificate of death to the provider
within 180 days of the writing submitted under this subsection.
The provider or vehicle lessor shall waive any otherwise
applicable charges for the executor requesting to opt out of the
contract as of the date the provider receives notice under this
subsection.
(d) Civil penalties.--A violation of this act shall be
considered a violation of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law.
Section 4. Applicability.
This act shall apply to contracts executed on or after the
effective date of this act.
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Section 5. Effective date.
This act shall take effect in 60 days.
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