PRIOR PRINTER'S NO. 332 PRINTER'S NO. 3580
No. 311 Session of 2005
INTRODUCED BY GODSHALL, BAKER, BIANCUCCI, BUNT, COSTA,
CREIGHTON, CURRY, DeLUCA, DERMODY, DeWEESE, FABRIZIO,
FICHTER, FRANKEL, GEIST, GEORGE, GINGRICH, HARPER, KENNEY,
KOTIK, LaGROTTA, LEACH, MANDERINO, McGILL, MELIO, MILLARD,
MUNDY, PALLONE, PHILLIPS, PICKETT, READSHAW, RUBLEY, SAINATO,
SANTONI, SCAVELLO, SCHRODER, STABACK, WALKO, WASHINGTON,
WATSON, YOUNGBLOOD AND ZUG, FEBRUARY 8, 2005
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 14, 2006
AN ACT
1 Amending the act of December 17, 1968 (P.L.1224, No.387),
2 entitled "An act prohibiting unfair methods of competition
3 and unfair or deceptive acts or practices in the conduct of
4 any trade or commerce, giving the Attorney General and
5 District Attorneys certain powers and duties and providing
6 penalties," further defining "unfair methods of competition"
7 and "unfair or deceptive acts or practices."
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 2(4) of the act of December 17, 1968
11 (P.L.1224, No.387), known as the Unfair Trade Practices and
12 Consumer Protection Law, reenacted and amended November 24, 1976
13 (P.L.1166, No.260), is amended by adding a subparagraph to read:
14 Section 2. Definitions.--As used in this act.
15 * * *
16 (4) "Unfair methods of competition" and "unfair or deceptive
17 acts or practices" mean any one or more of the following:
1 * * *
2 (xxii) Levying or assessing a dormancy fee on a gift <--
3 certificate or gift card. The term "dormancy fee" shall mean a
4 fixed charge or fee, whether levied or assessed one time or
5 periodically, that reduces the total amount for which the holder
6 may redeem on a gift certificate or gift card because of
7 inactivity or lack of use of the gift certificate or gift card
8 for a certain period of time.
9 (XXII) SELLING OR OFFERING TO SELL A GIFT CERTIFICATE TO A <--
10 PURCHASER THAT INCLUDES AN EXPIRATION DATE OR A RIGHT OF THE
11 SELLER TO IMPOSE AND COLLECT AFTER THE SALE ANY TYPE OF CHARGE
12 OR FEE, INCLUDING, BUT NOT LIMITED TO, SERVICE CHARGE, DORMANCY
13 FEE, ACCOUNT MAINTENANCE FEE, CASH-OUT FEE, REPLACEMENT CARD
14 FEE, ACTIVATION FEE OR CHARGE OR REACTIVATION FEE OR CHARGE,
15 THAT REDUCES THE FACE OR MONETARY VALUE OF THE GIFT CERTIFICATE
16 ESTABLISHED AT THE TIME OF SALE. A GIFT CERTIFICATE THAT DOES
17 NOT INCLUDE AN EXPIRATION DATE AND THAT DOES NOT PROVIDE THE
18 SELLER WITH A RIGHT TO IMPOSE AND COLLECT ANY SUCH TYPE OF
19 CHARGE OR FEE SHALL NOT BE PRESUMED ABANDONED AND UNCLAIMED
20 PROPERTY FOR PURPOSES OF ARTICLE XIII OF THE ACT OF APRIL 9,
21 1929 (P.L.343, NO.176), KNOWN AS "THE FISCAL CODE." THE TERM
22 "GIFT CERTIFICATE" SHALL MEAN A WRITING IDENTIFIED AS A GIFT
23 CERTIFICATE OR GIFT CARD PURCHASED BY A PERSON NOT REDEEMABLE IN
24 CASH AND USABLE IN ITS FACE AMOUNT IN LIEU OF CASH IN EXCHANGE
25 FOR GOODS OR SERVICES SUPPLIED BY THE SELLER. THE TERM INCLUDES,
26 BUT IS NOT LIMITED TO, AN ELECTRONIC CARD WITH A BANKED DOLLAR
27 VALUE, MERCHANDISE CREDIT, CERTIFICATE WHERE THE ISSUER HAS
28 RECEIVED PAYMENT FOR THE FULL FACE VALUE OF THE FUTURE PURCHASE
29 OR DELIVERY OF GOODS OR SERVICES AND ANY OTHER MEDIUM THAT
30 EVIDENCES THE GIVING OF CONSIDERATION IN EXCHANGE FOR THE RIGHT
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1 TO REDEEM SUCH CERTIFICATE, ELECTRONIC CARD OR OTHER MEDIUM FOR
2 GOODS, SERVICES, CREDIT OR MONEY OF AT LEAST AN EQUAL VALUE. THE
3 TERM ALSO INCLUDES A GIFT CARD, BUT DOES NOT INCLUDE A GIFT CARD
4 USABLE WITH MULTIPLE SELLERS OF GOODS OR SERVICES, PROVIDED THE
5 EXPIRATION DATE, IF ANY, IS PRINTED ON THE CARD AND THAT THE
6 CARD IS NOT LIMITED TO USE ONLY WITH AFFILIATED SELLERS OF GOODS
7 OR SERVICES.
8 Section 2. This act shall apply to gift certificates and <--
9 gift cards issued after the effective date of this section.
10 Section 3. This act shall take effect in 60 days.
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