Bill Text: PA HB739 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for civil penalties.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2011-02-17 - Referred to CONSUMER AFFAIRS [HB739 Detail]

Download: Pennsylvania-2011-HB739-Introduced.html

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PRINTER'S NO. 756
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 739 Session of2011
INTRODUCED BY JOHNSON, ROEBUCK, MURT, YOUNGBLOOD, CALTAGIRONE, JOSEPHS AND PAYTON, FEBRUARY 17, 2011
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 17, 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 civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8 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) and amended December 4, 1996 (P.L.906,
No.146), is amended to read:
Section 8. Civil Penalties.--(a) Any person who violates
the terms of an injunction issued under section 4 of this act or
any of the terms of an assurance of voluntary compliance duly
filed in court under section 5 of this act shall forfeit and pay
to the Commonwealth a civil penalty of not more than five
thousand dollars ($5,000) for each violation. For the purposes
of this section the court issuing an injunction or in which an
assurance of voluntary compliance is filed shall retain
jurisdiction, and the cause shall be continued; and, in such
cases, the Attorney General, or the appropriate District
Attorney, acting in the name of the Commonwealth of
Pennsylvania, may petition for recovery of civil penalties and
any other equitable relief deemed needed or proper.
(b) In any action brought under section 4 of this act, if
the court finds that a person, firm or corporation is wilfully
using or has wilfully used a method, act or practice declared
unlawful by section 3 of this act, the Attorney General or the
appropriate District Attorney, acting in the name of the
Commonwealth of Pennsylvania, may recover, on behalf of the
Commonwealth of Pennsylvania, a civil penalty [of] not exceeding
[one thousand dollars ($1,000)] ten thousand dollars ($10,000)
for a first offense and twenty thousand dollars ($20,000) for a
second or subsequent offense, per violation, which civil penalty
shall be in addition to other relief which may be granted under
sections 4 and 4.1 of this act. Where the victim of the wilful
use of a method, act or practice declared unlawful by section 3
of this act is sixty years of age or older, the civil penalty
shall not exceed [three thousand dollars ($3,000)] thirty
thousand dollars ($30,000) per violation, which penalty shall be
in addition to other relief which may be granted under sections
2 and 4.1 of this act.
Section 2. The amendment of section 8 of the act shall apply
to violations occurring on or after the effective date of this
section.
Section 3. This act shall take effect in 60 days.
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