PRINTER'S NO. 1630
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. B13L12JLW/20060S1146B1630 - 2 -