PRINTER'S NO. 1630

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No. 1146 Session of 2006

        INTRODUCED BY O'PAKE, MUSTO, M. WHITE, TARTAGLIONE, BOSCOLA,
           KITCHEN, FONTANA, FERLO, EARLL, C. WILLIAMS, COSTA,
           WASHINGTON, RHOADES AND STACK, MARCH 22, 2006

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           MARCH 22, 2006

                                     AN ACT

     1  Amending the act of March 28, 2000 (P.L.23, No.7), entitled "An
     2     act establishing the Fair Credit Extension Uniformity Act;
     3     and providing for debt collection trade practices and
     4     penalties," further providing for unfair or deceptive acts or
     5     practices.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 4(b)(6) of the act of March 28, 2000
     9  (P.L.23, No.7), known as the Fair Credit Extension Uniformity
    10  Act, is amended by adding subparagraphs to read:
    11  Section 4.  Unfair or deceptive acts or practices.
    12     * * *
    13     (b)  By creditors.--With respect to debt collection
    14  activities of creditors in this Commonwealth, it shall
    15  constitute an unfair or deceptive debt collection act or
    16  practice under this act if a creditor violates any of the
    17  following provisions:
    18         * * *

     1         (6)  A creditor may not use unfair or unconscionable
     2     means to collect or attempt to collect any debt. Without
     3     limiting the general application of the foregoing, the
     4     following conduct is a violation of this paragraph:
     5             * * *
     6             (ix)  Failing to permit a consumer, not less often
     7         than once in 24 months, to cure until the date of
     8         repossession or of execution under a judgment upon
     9         default, or the date of auction sale in the case of an
    10         automobile, a defaulted purchase loan by bringing the
    11         payments current and satisfying reasonable enforcement
    12         costs provided for under the loan.
    13             (x)  Failing to provide reasonable notification in
    14         writing to a consumer not less than seven days prior
    15         thereto, of the intent to declare a purchase loan in
    16         default and of the applicable right to cure as provided
    17         for in this section.
    18         * * *
    19     Section 2.  This act shall take effect in 60 days.








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