HB 273 — An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for definitions, for unlawful acts or practices and exclusions and for private actions.

Bill Text

• Printer's No. 0244 View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill adds new definitions and expands private actions under the Unfair Trade Practices and Consumer Protection Law in Pennsylvania.

• Section 2(4)(xxi)

  xxi) Using a contract for the sale of goods or services which states that any of the contract's provisions are or may be void, unenforceable or inapplicable in a jurisdiction without specifying which provisions are or are not void, unenforceable or inapplicable within this Commonwealth. → xxi) Using a contract for the sale of goods or services which states that any of the contract's provisions are or may be void, unenforceable or inapplicable in a jurisdiction without specifying which provisions are or are not void, unenforceable or inapplicable within this Commonwealth. This subclause shall not apply to a health club as defined under section 2 of the act of December 21, 1989 (P.L.672, No.87), known as the Health Club Act.

  This change specifies that the unfair competition definition regarding void or unenforceable provisions does not apply to health clubs.

• Section 2(4)

  (xxii) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding.

  This addition expands the definition of unfair methods of competition to include other fraudulent or deceptive conduct.

• Section 3

  which purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act or practice → which uses or employs a method, act or practice declared unlawful by section 3 of this act

  This change broadens the scope of who can bring a private action under the law.

• Section 9.2(a)

  [may bring a private action to recover actual damages or one hundred dollars ($100), whichever is greater.] → shall be liable for a civil penalty of not less than one hundred dollars ($100) or for actual damages, or both, at the election of the consumer, together with reasonable attorney fees and court costs.

  This change modifies the structure of penalties for unlawful acts, allowing for both civil penalties and actual damages.

• Section 9.2(a)

  The court may award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees.

  This change removes the prior language about awarding costs and attorney fees, consolidating the relief available.

• Section 9.2(a)

  Actual damages may be recoverable by a consumer in a private action or as part of a counterclaim by a consumer against a seller, lessor, creditor, lender, bailee or assignee which used or employed a method, act or practice declared unlawful by section 3 of this act.

  This addition clarifies that actual damages can also be sought in counterclaims.

• Section 9.2(a)

  A consumer shall have the right to petition the court to terminate a contract which violates section 3 of this act.

  This new provision allows consumers the right to seek termination of contracts deemed unlawful.

Action History

1. January 29, 2019

   PN 0244 Referred to CONSUMER AFFAIRS

Sponsors

• Driscoll · Primary
• Donatucci · Cosponsor
• Millard · Cosponsor
• Carol Hill-Evans · Cosponsor
• Robert Freeman · Cosponsor
• Caltagirone · Cosponsor
• Ed Neilson · Cosponsor
• Deluca · Cosponsor
• Murt · Cosponsor
• Joe Ciresi · Cosponsor
• Perry S. Warren · Cosponsor

Subjects