PRINTER'S NO. 332

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 8, 2005

                                     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:
    18     * * *

     1     (xxii)  Levying or assessing a dormancy fee on a gift
     2  certificate or gift card. The term "dormancy fee" shall mean a
     3  fixed charge or fee, whether levied or assessed one time or
     4  periodically, that reduces the total amount for which the holder
     5  may redeem on a gift certificate or gift card because of
     6  inactivity or lack of use of the gift certificate or gift card
     7  for a certain period of time.
     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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