Bill Text: PA HB2044 | 2009-2010 | Regular Session | Introduced


Bill Title: Further providing for private actions.

Spectrum: Slight Partisan Bill (Democrat 14-8)

Status: (Engrossed - Dead) 2010-10-12 - Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE [HB2044 Detail]

Download: Pennsylvania-2009-HB2044-Introduced.html

  

 

    

PRINTER'S NO.  2812

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2044

Session of

2009

  

  

INTRODUCED BY DeLUCA, BELFANTI, BOBACK, CALTAGIRONE, CLYMER, D. COSTA, EVERETT, FRANKEL, HARPER, JOSEPHS, KOTIK, LONGIETTI, MILLER, MURT, MYERS, PHILLIPS, QUINN, SIPTROTH, THOMAS, WALKO AND WATERS, OCTOBER 14, 2009

  

  

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 14, 2009  

  

  

  

AN ACT

  

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Amending the act of December 17, 1968 (P.L.1224, No.387),

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entitled "An act prohibiting unfair methods of competition

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and unfair or deceptive acts or practices in the conduct of

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any trade or commerce, giving the Attorney General and

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District Attorneys certain powers and duties and providing

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penalties," further providing for private actions.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 9.2 of the act of December 17, 1968

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(P.L.1224, No.387), known as the Unfair Trade Practices and

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Consumer Protection Law, reenacted and amended November 24, 1976

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(P.L.1166, No.260), amended December 4, 1996 (P.L.906, No.146)

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and repealed in part April 28, 1978 (P.L.202, No.53), is amended

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to read:

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Section 9.2.  Private Actions.--(a)  Any person who purchases

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or leases goods or services primarily for personal, family or

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household purposes and thereby suffers any ascertainable loss of

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money or property, real or personal, as a result of the use or

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employment by any person of a method, act or practice declared

 


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unlawful by section 3 of this act, may bring a private action to

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recover actual damages or [one hundred dollars ($100)] five

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hundred dollars ($500), whichever is greater. The court may, in

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its discretion, award up to three times the actual damages

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sustained, but not less than [one hundred dollars ($100)] five

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hundred dollars ($500), and may provide such additional relief

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as it deems necessary or proper. The court may award to the

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plaintiff, in addition to other relief provided in this section,

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costs and reasonable attorney fees.

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(b)  Any permanent injunction, judgment or order of the court

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made under section 4 of this act shall be prima facie evidence

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in an action brought under section 9.2 of this act that the

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defendant used or employed acts or practices declared unlawful

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by section 3 of this act.

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Section 2.  This act shall apply to all causes of action

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occurring on or after the effective date of this section.

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Section 3.  This act shall take effect immediately.

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