PRINTER'S NO. 2320
No. 1534 Session of 2008
INTRODUCED BY McILHINNEY, PIPPY, REGOLA AND BOSCOLA,
AUGUST 4, 2008
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
AUGUST 4, 2008
AN ACT
1 Amending the act of December 21, 1988 (P.L.1881, No.184),
2 entitled "An act providing for agreements between sales
3 representatives and their principals," further defining
4 "sales representative"; and further providing for
5 noncompliance.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definition of "sales representative" in
9 section 1 of the act of December 21, 1988 (P.L.1881, No.184),
10 entitled "An act providing for agreements between sales
11 representatives and their principals," is amended to read:
12 Section 1. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 * * *
17 "Sales representative." A person who contracts with a
18 principal to solicit [wholesale orders from retailers rather
19 than consumers] orders for products or services and who is
1 compensated, in whole or in part, by commission. The term does
2 not include one who places orders or purchases for his own
3 account for resale or one who is an employee of a principal.
4 * * *
5 Section 2. Section 5(a) of the act is amended to read:
6 Section 5. Noncompliance.
7 (a) General.--A principal who willfully fails to comply with
8 the provisions of section 3 or 4 shall be liable to the sales
9 representative in a civil action for:
10 (1) All commissions due the sales representative, plus
11 exemplary damages in an amount [not to exceed] equal to two
12 times the commissions due the sales representative.
13 (2) The cost of the suit, including reasonable attorney
14 fees.
15 * * *
16 Section 3. This act shall take effect in 60 days.
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