Posted: | August 31, 2015 01:25 PM |
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From: | Senator Donald C. White |
To: | All Senate members |
Subject: | Increase Awards for Consumer Claims |
I plan to reintroduce legislation that would amend the Unfair Trade Practices and Consumer Protection Law (UTPCPL) to increase awards from $100 to $500 for certain consumer claims. This bill was previously introduced as Senate Bill 372 in the 2011-12 Session. Under the current statute, remedies are provided to consumers who take action against a business or entity for unfair trade practices, i.e. a retailer misrepresenting prices. This bill would amend Section 2 of the UTPCPL which provides that a person who has purchased or leased goods or services primarily for personal, family or household purposes, and who thereby suffers any loss of money or property as a result of an unfair trade practice may bring a private action to recover actual damages or $100, whichever is greater. My proposed legislation would increase the minimal damages from $100 to $500. The current law was originally enacted in 1968 and, although amended in 1996, the monetary amount has been the same for 40 years. One hundred dollars does not hold the same value or impact today that it did in 1968. As a result, individuals may not be willing to take an action because it is not worth their time or trouble, which can ultimately leave consumers unprotected and offenders unpunished. If you have any questions regarding this proposal, please contact Anne Achenbach at 7-4404 or aachenbach@pasen.gov. |