Bill Text: PA HB402 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for private actions.

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Introduced - Dead) 2012-05-22 - Laid on the table [HB402 Detail]

Download: Pennsylvania-2011-HB402-Introduced.html

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PRINTER'S NO. 368
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 402 Session of2011
INTRODUCED BY DeLUCA, DEASY, CALTAGIRONE, JOSEPHS, GEORGE, KULA, FLECK, KOTIK, MILLARD, MILLER, MURT, YOUNGBLOOD AND EVERETT, FEBRUARY 2, 2011
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 2, 2011
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 private actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9.2 of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, reenacted and amended November 24, 1976
(P.L.1166, No.260), amended December 4, 1996 (P.L.906, No.146)
and repealed in part April 28, 1978 (P.L.202, No.53), is amended
to read:
Section 9.2. Private Actions.--(a) Any person who 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 declared
unlawful by section 3 of this act, may bring a private action to
recover actual damages or [one hundred dollars ($100)] five
hundred dollars ($500), whichever is greater. The court may, in
its discretion, award up to three times the actual damages
sustained, but not less than [one hundred dollars ($100)] five
hundred dollars ($500), and may provide such additional relief
as it deems necessary or proper. The court may award to the
plaintiff, in addition to other relief provided in this section,
costs and reasonable attorney fees.
(b) Any permanent injunction, judgment or order of the court
made under section 4 of this act shall be prima facie evidence
in an action brought under section 9.2 of this act that the
defendant used or employed acts or practices declared unlawful
by section 3 of this act.
Section 2. This act shall apply to all causes of action
occurring on or after the effective date of this section.
Section 3. This act shall take effect immediately.
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