SENATE AMENDED
PRIOR PRINTER'S NOS. 2780, 2907, 3048 PRINTER'S NO. 4075
No. 2090 Session of 2003
INTRODUCED BY FICHTER, BUNT, BOYD, BROWNE, CRAHALLA, DeLUCA,
GEORGE, GODSHALL, HARHAI, HARRIS, HORSEY, KOTIK, LEACH, MANN,
PERZEL, REICHLEY, SATHER, SAYLOR, SEMMEL, J. TAYLOR, THOMAS,
TIGUE, WATSON, YOUNGBLOOD, DeWEESE AND DENLINGER,
OCTOBER 14, 2003
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, IN SENATE, AS AMENDED, JUNE 15, 2004
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 providing for rescission of contracts.
7 and providing for protection of employees under certain <--
8 circumstances.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 7(j) of the act of December 17, 1968
12 (P.L.1224, No.387), known as the Unfair Trade Practices and
13 Consumer Protection Law, reenacted and amended November 24, 1976
14 (P.L.1166, No.260), is amended and the section is amended by
15 adding subsections to read:
16 Section 7. Contracts; Effect of Rescission.--* * *
17 [(j) Rights afforded under this section may be waived only
18 in circumstances where the goods or services are needed to meet
1 a bona fide immediate personal emergency of the buyer and the
2 buyer furnishes the seller with a separate dated and signed
3 personal statement in the buyer's handwriting describing the
4 situation requiring immediate remedy and expressly acknowledging
5 and waiving the right to cancel the sale within three business
6 days.]
7 (j.1) Where goods or services having a sale price of twenty- <--
8 five dollars ($25) or more are contracted to be sold to a buyer,
9 as a result of, or in connection with, a contact made by the
10 buyer to the seller, and the goods or services contracted for
11 are needed to remedy a bona fide emergency on the buyer's
12 residential real property, the seller must furnish the buyer
13 with an emergency work authorization to immediately proceed with
14 the delivery of the goods or the performance of the services
15 necessary to remedy the bona fide emergency upon the waiver by
16 the buyer of the right to rescission provided in this section.
17 The emergency work authorization provided for in this section
18 shall be on a preprinted card at least four inches by six inches
19 in size and the writing thereon must be in at least ten point
20 bold face type in the following form:
21 Emergency Work Authorization
22 (Enter Date of Transaction)
23 You, the buyer, having initiated the contract for the
24 goods and services of (enter the name of the seller), the
25 seller, for the remediation of a bona fide emergency hereby
26 authorize the seller to immediately proceed with the delivery
27 of goods or the performance of services necessary to remedy
28 the bona fide emergency. By providing the seller with this
29 authorization, you agree to make full payment for the goods
30 or services provided and you agree not to exercise the rights
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1 afforded you by the Unfair Trade Practices and Consumer
2 Protection Law to cancel the contract within three business
3 days from the above date.
4 You, the buyer, attest that the attached is an accurate
5 description of the goods and services to be provided by the
6 seller for the remediation of the bona fide emergency:
7 ...........................
8 (Date)
9 ..............................
10 (Buyer's Signature)
11 (j.2) The seller shall provide the buyer with an estimate of
12 the total cost of the goods or services, in writing, including
13 any service call fee, prior to the delivery of the goods or the
14 performance of the services necessary to remedy a bona fide
15 emergency. If the cost of the goods or services will exceed the
16 estimated total cost, the seller must obtain written
17 authorization of the buyer to proceed further. Nothing in this
18 subsection shall prohibit a seller contacted by a buyer as a
19 result of a bona fide emergency on the buyer's residential real
20 property from taking any immediate preliminary steps necessary
21 to remedy a clear and immediate danger that may cause death or
22 serious bodily injury to the buyer, the seller or other persons.
23 Nothing in this subsection shall be construed as prohibiting the
24 seller from charging the buyer a service call fee, in addition
25 to the estimated costs, for the purpose of determining the cause
26 of and the appropriate remedy of the bona fide emergency or a
27 fee for immediate preliminary steps necessary to remedy a clear
28 and immediate danger that may cause death or serious bodily
29 injury to the buyer, the seller or other persons. The seller
30 shall immediately disclose whether a service call fee shall be
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1 charged upon initiation by the buyer of a contract for goods or
2 services for the remediation of a bona fide emergency.
3 * * *
4 (n) As used in this section, "bona fide emergency" means any
5 condition existing on the buyer's residential real property
6 which renders, or has the capability to render, the residential
7 real property uninhabitable. The term includes, but shall not be
8 limited to, conditions significantly affecting the heating
9 system, electrical system, plumbing system, ventilation system,
10 roof or outer walls of the residential real property.
11 (o) As used in this section, "immediate preliminary steps"
12 means only those steps necessary to eliminate a clear and
13 immediate danger that may cause death or serious bodily injury
14 to the buyer, the seller or other persons. The term includes,
15 but shall not be limited to, termination of the carrying of gas,
16 oil or oil product, sewage or water through an underground pipe
17 or the carrying of electric or communication service through an
18 underground conductor, pipe or structure. The term shall not be
19 construed as including any other steps necessary to repair and
20 remedy the bona fide emergency.
21 (J.1) (1) RIGHTS AFFORDED UNDER THIS SECTION MAY BE WAIVED <--
22 ONLY THROUGH THE EXECUTION OF AN EMERGENCY AUTHORIZATION FORM:
23 (I) WHERE GOODS OR SERVICES HAVE A SALE PRICE OF TWENTY-FIVE
24 DOLLARS ($25) OR MORE;
25 (II) ARE CONTRACTED TO BE SOLD TO A BUYER, AS A RESULT OF,
26 OR IN CONNECTION WITH, A CONTACT MADE BY THE BUYER TO THE
27 SELLER; AND
28 (III) THE GOODS OR SERVICES CONTRACTED FOR ARE NEEDED TO
29 REMEDY A BONA FIDE EMERGENCY ON THE BUYER'S RESIDENTIAL REAL
30 PROPERTY. NOTHING IN THIS SUBSECTION SHALL PROHIBIT A SELLER
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1 CONTACTED BY A BUYER AS A RESULT OF A BONA FIDE EMERGENCY FROM
2 TAKING ANY IMMEDIATE PRELIMINARY STEPS NECESSARY TO REMEDY A
3 CLEAR AND IMMEDIATE DANGER THAT MAY CAUSE DEATH OR SERIOUS
4 BODILY INJURY TO THE BUYER, THE SELLER OR OTHER PERSONS WITHOUT
5 HAVING TO OBTAIN THE EMERGENCY AUTHORIZATION FORM.
6 (2) TO OBTAIN A WAIVER UNDER THIS SECTION THE SELLER MUST
7 FURNISH THE BUYER WITH AN EMERGENCY WORK AUTHORIZATION FORM, AS
8 WELL AS A WRITTEN ESTIMATE OF THE GOODS OR THE PERFORMANCE OF
9 SERVICES. THIS AUTHORIZATION WILL ALLOW THE SELLER TO
10 IMMEDIATELY PROCEED WITH THE DELIVERY OF THE GOODS OR THE
11 PERFORMANCE OF THE SERVICES NECESSARY TO REMEDY THE BONA FIDE
12 EMERGENCY.
13 (3) THE EMERGENCY WORK AUTHORIZATION FORM PROVIDED FOR IN
14 THIS SECTION SHALL BE:
15 (I) ON A PREPRINTED CARD AT LEAST FOUR INCHES BY SIX INCHES
16 IN SIZE; AND
17 (II) THE WRITING THEREON MUST BE IN AT LEAST TEN-POINT BOLD
18 FACE TYPE IN THE FOLLOWING FORM:
19 EMERGENCY WORK AUTHORIZATION
20 (ENTER DATE OF TRANSACTION)
21 YOU, THE BUYER, HAVING INITIATED THE CONTRACT FOR THE
22 GOODS AND SERVICES OF (ENTER THE NAME OF THE SELLER), THE
23 SELLER, FOR THE REMEDIATION OF A BONA FIDE EMERGENCY HEREBY
24 AUTHORIZE THE SELLER TO IMMEDIATELY PROCEED WITH THE DELIVERY
25 OF GOODS OR THE PERFORMANCE OF SERVICES NECESSARY TO REMEDY
26 THE BONA FIDE EMERGENCY. BY PROVIDING THE SELLER WITH THIS
27 AUTHORIZATION, YOU AGREE TO MAKE FULL PAYMENT FOR THE GOODS
28 OR SERVICES PROVIDED. YOU AGREE NOT TO EXERCISE THE RIGHTS
29 AFFORDED YOU BY THE UNFAIR TRADE PRACTICES AND CONSUMER
30 PROTECTION LAW TO CANCEL THE CONTRACT WITHIN THREE BUSINESS
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1 DAYS FROM THE ABOVE DATE.
2 YOU, THE BUYER, ATTEST THAT THE ATTACHED ESTIMATE IS AN
3 ACCURATE DESCRIPTION OF THE GOODS AND SERVICES WHICH WILL BE
4 PROVIDED BY THE SELLER FOR THE CORRECTION OF THE BONA FIDE
5 EMERGENCY:
6 ...........................
7 (DATE)
8 ..............................
9 (BUYER'S SIGNATURE)
10 (J.2) PRIOR TO THE BUYER SIGNING THE EMERGENCY AUTHORIZATION
11 FORM, THE SELLER SHALL PROVIDE THE BUYER WITH A WRITTEN ESTIMATE
12 OF THE TOTAL COST OF THE GOODS OR SERVICES, INCLUDING ANY FEE
13 FOR THE SERVICE CALL. THE ESTIMATE SHALL BE PROVIDED PRIOR TO
14 THE DELIVERY OF THE GOODS OR THE PERFORMANCE OF THE SERVICES
15 NECESSARY TO REMEDY A BONA FIDE EMERGENCY. IF THE COST OF THE
16 GOODS OR SERVICES ACTUALLY PROVIDED EXCEEDS THE ESTIMATE
17 PROVIDED, THE SELLER MUST OBTAIN FURTHER WRITTEN AUTHORIZATION
18 FROM THE BUYER TO PERFORM THE ADDITIONAL WORK OR SERVICE.
19 NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO PROHIBIT THE
20 SELLER FROM CHARGING THE BUYER A FEE FOR A SERVICE CALL FOR THE
21 PURPOSE OF DETERMINING THE CAUSE OF AND THE APPROPRIATE REMEDY
22 OF THE BONA FIDE EMERGENCY, REGARDLESS OF WHETHER FURTHER GOODS
23 OR SERVICES ARE PROVIDED. THE SELLER SHALL IMMEDIATELY DISCLOSE
24 TO THE BUYER WHETHER A SERVICE CALL FEE SHALL BE CHARGED UPON
25 INITIATION BY THE BUYER OF A CONTRACT FOR GOODS OR SERVICES FOR
26 THE REMEDIATION OF A BONA FIDE EMERGENCY. THE SELLER MAY ALSO
27 CHARGE A FEE FOR IMMEDIATE PRELIMINARY STEPS, WITHOUT HAVING TO
28 OBTAIN A WRITTEN EMERGENCY AUTHORIZATION.
29 * * *
30 (N) AS USED IN THIS SECTION, "BONA FIDE EMERGENCY" MEANS ANY
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1 CONDITION EXISTING ON THE BUYER'S RESIDENTIAL REAL PROPERTY
2 WHICH RENDERS, OR HAS THE CAPABILITY TO RENDER, THE RESIDENTIAL
3 REAL PROPERTY UNINHABITABLE. THE TERM INCLUDES, BUT SHALL NOT BE
4 LIMITED TO, CONDITIONS SIGNIFICANTLY AFFECTING THE HEATING
5 SYSTEM, ELECTRICAL SYSTEM, PLUMBING SYSTEM, VENTILATION SYSTEM,
6 ROOF OR OUTER WALLS OF THE RESIDENTIAL REAL PROPERTY.
7 (O) AS USED IN THIS SECTION, "IMMEDIATE PRELIMINARY STEPS"
8 MEANS ONLY THOSE STEPS NECESSARY TO ELIMINATE A CLEAR AND
9 IMMEDIATE DANGER THAT MAY CAUSE DEATH OR SERIOUS BODILY INJURY
10 TO THE BUYER, THE SELLER OR OTHER PERSONS. THE TERM INCLUDES,
11 BUT SHALL NOT BE LIMITED TO, TERMINATION OF THE CARRYING OF GAS,
12 OIL OR OIL PRODUCT, SEWAGE OR WATER THROUGH AN UNDERGROUND PIPE
13 OR THE CARRYING OF ELECTRIC OR COMMUNICATION SERVICE THROUGH AN
14 UNDERGROUND CONDUCTOR, PIPE OR STRUCTURE. THE TERM SHALL NOT BE
15 CONSTRUED AS INCLUDING ANY OTHER STEPS NECESSARY TO REPAIR AND
16 REMEDY THE BONA FIDE EMERGENCY.
17 Section 2. The act is amended by adding a section to read: <--
18 Section 9.4. Protection of Employes.--No person may
19 discharge, threaten or otherwise discriminate or retaliate
20 against an employe regarding the employe's compensation, terms,
21 conditions, location or privileges of employment because:
22 (1) The employe or a person acting on behalf of the employe
23 makes a good faith report or is about to report, verbally or in
24 writing, to the employer or appropriate authority a violation of
25 this act.
26 (2) The employe is requested by an appropriate authority to
27 participate in an investigation, hearing or inquiry held by an
28 appropriate authority or in a court action relating to a
29 violation of this act.
30 (b) The provisions of sections 4, 5, 6 and 7 of the act of
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1 December 12, 1986 (P.L.1559, No.169), known as the
2 "Whistleblower Law," shall apply to this section.
3 Section 3 2. The amendment or addition of section 7(j), <--
4 (j.1) (j.2) and (n) , (J.2), (N) AND (O) of the act shall apply <--
5 to contracts entered into on or after the effective date of this
6 act.
7 Section 4 3. This act shall take effect in 60 days. <--
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