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                                                       PRINTER'S NO. 977

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 806 Session of 2003


        INTRODUCED BY PICCOLA, EARLL, WENGER, MOWERY, C. WILLIAMS,
           THOMPSON, SCARNATI, ARMSTRONG, WAUGH, CORMAN, DENT,
           WONDERLING AND MADIGAN, JUNE 17, 2003

        REFERRED TO JUDICIARY, JUNE 17, 2003

                                     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 unfair methods of
     7     competition 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 act of December 17,
    11  1968 (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 subclause 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     * * *
    19     (xxii)  Proposing or entering into a contract for services
    20  for which compensation is based solely upon an award, recovery,

     1  or the issuance of a monetary payment in excess of the following
     2  limits:
     3     (A)  Forty per cent of the first fifty thousand dollars
     4  ($50,000).
     5     (B)  Thirty-three and one-third per cent of the next fifty
     6  thousand dollars ($50,000).
     7     (C)  Twenty-five per cent of the next five hundred thousand
     8  dollars ($500,000).
     9     (D)  Fifteen per cent of any amount on which the award,
    10  recovery or monetary payment exceeds six hundred thousand
    11  dollars ($600,000).
    12     Section 2.  Section 3 of the act, amended December 4, 1996
    13  (P.L.906, No.146), is amended to read:
    14     Section 3.  Unlawful Acts or Practices; Exclusions.--Unfair
    15  methods of competition and unfair or deceptive acts or practices
    16  in the conduct of any trade or commerce as defined by subclauses
    17  (i) through [(xxi)] (xxii) of clause (4) of section 2 of this
    18  act and regulations promulgated under section 3.1 of this act
    19  are hereby declared unlawful. The provisions of this act shall
    20  not apply to any owner, agent or employe of any radio or
    21  television station, or to any owner, publisher, printer, agent
    22  or employe of a newspaper or other publication, periodical or
    23  circular, who, in good faith and without knowledge of the
    24  falsity or deceptive character thereof, publishes, causes to be
    25  published or takes part in the publication of such
    26  advertisement.
    27     Section 3.  This act shall take effect in 60 days.


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