73 P.S. § 201-2
§ 201-2. Definitions
As used in this act.
(1)
"DOCUMENTARY MATERIAL" means the original or a copy of any book, record, report, memorandum, paper,
communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or
recording, wherever situate.
(2)
"PERSON" means natural persons, corporations, trusts, partnerships, incorporated or unincorporated
associations, and any other legal entities.
(3)
"TRADE" and "COMMERCE" mean the advertising, offering for sale, sale or distribution of any services
and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing
of value wherever situate, and includes any trade or commerce directly or indirectly affecting the people of
this Commonwealth.
(4)
"UNFAIR METHODS OF COMPETITION" and "UNFAIR OR DECEPTIVE ACTS OR PRACTICES" mean any one or more of the
following:
(i)
Passing off goods or services as those of another;
(ii)
Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or
certification of goods or services;
(iii)
Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association
with, or certification by, another;
(iv)
Using deceptive representations or designations of geographic origin in connection with goods or
services;
(v)
Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses,
benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation
or connection that he does not have;
(vi)
Representing that goods are original or new if they are deteriorated, altered, reconditioned,
reclaimed, used or secondhand;
(vii)
Representing that goods or services are of a particular standard, quality or grade, or that goods are
of a particular style or model, if they are of another;
(viii)
Disparaging the goods, services or business of another by false or misleading representation of
fact;
(ix)
Advertising goods or services with intent not to sell them as advertised;
(x)
Advertising goods or services with intent not to supply reasonably expectable public demand, unless the
advertisement discloses a limitation of quantity;
(xi)
Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of
price reductions;
(xii)
Promising or offering prior to time of sale to pay, credit or allow to any buyer, any compensation or
reward for the procurement of a contract for purchase of goods or services with another or others, or for the
referral of the name or names of another or others for the purpose of attempting to procure or procuring such
a contract of purchase with such other person or persons when such payment, credit, compensation or reward is
contingent upon the occurrence of an event subsequent to the time of the signing of a contract to purchase;
(xiii)
Promoting or engaging in any plan by which goods or services are sold to a person for a
consideration and upon the further consideration that the purchaser secure or attempt to secure one or more
persons likewise to join the said plan; each purchaser to be given the right to secure money, goods or
services depending upon the number of persons joining the plan. In addition, promoting or engaging in any
plan, commonly known as or similar to the so-called "CHAIN-LETTER PLAN" or "PYRAMID CLUB." The terms
"CHAIN-LETTER PLAN' ' or "PYRAMID CLUB" mean any scheme for the disposal or distribution of property, services
or anything of value whereby a participant pays valuable consideration, in whole or in part, for an
opportunity to receive compensation for introducing or attempting to introduce one or more additional persons
to participate in the scheme or for the opportunity to receive compensation when a person introduced by the
participant introduces a new participant. As used in this subclause the term "CONSIDERATION" means an
investment of cash or the purchase of goods, other property, training or services, but does not include
payments made for sales demonstration equipment and materials for use in making sales and not for resale
furnished at no profit to any person in the program or to the company or corporation, nor does the term apply
to a minimal initial payment of twenty-five dollars ($ 25) or less;
(xiv)
Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to
or after a contract for the purchase of goods or services is made;
(xv)
Knowingly misrepresenting that services, replacements or repairs are needed if they are not needed;
(xvi)
Making repairs, improvements or replacements on tangible, real or personal property, of a nature or
quality inferior to or below the standard of that agreed to in writing;
(xvii)
Making solicitations for sales of goods or services over the telephone without first clearly,
affirmatively and expressly stating:
(A)
the identity of the seller;
(B)
that the purpose of the call is to sell goods or services;
(C)
the nature of the goods or services; and
(D)
that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion
if a prize promotion is offered. This disclosure must be made before or in conjunction with the description of
the prize to the person called. If requested by that person, the telemarketer must disclose the
no-purchase/no-payment entry method for the prize promotion;
(xviii)
Using a contract, form or any other document related to a consumer transaction which contains a
confessed judgment clause that waives the consumer's right to assert a legal defense to an action;
(xix)
Soliciting any order for the sale of goods to be ordered by the buyer through the mails or by
telephone unless, at the time of the solicitation, the seller has a reasonable basis to expect that it will be
able to ship any ordered merchandise to the buyer:
(A)
within that time clearly and conspicuously stated in any such solicitation; or
(B)
if no time is clearly and conspicuously stated, within thirty days after receipt of a properly
completed order from the buyer, provided, however, where, at the time the merchandise is ordered, the buyer
applies to the seller for credit to pay for the merchandise in whole or in part, the seller shall have fifty
days, rather than thirty days, to perform the actions required by this subclause;
(xx)
Failing to inform the purchaser of a new motor vehicle offered for sale at retail by a motor vehicle
dealer of the following:
(A)
that any rustproofing of the new motor vehicle offered by the motor vehicle dealer is optional;
(B)
that the new motor vehicle has been rustproofed by the manufacturer and the nature and extent, if any,
of the manufacturer's warranty which is applicable to that rustproofing;
The requirements of this subclause shall not be applicable and a motor vehicle dealer shall have no duty to
inform if the motor vehicle dealer rustproofed a new motor vehicle before offering it for sale to that
purchaser, provided that the dealer shall inform the purchaser whenever dealer rustproofing has an effect on
any manufacturer's warranty applicable to the vehicle. This subclause shall not apply to any new motor vehicle
which has been rustproofed by a motor vehicle dealer prior to the effective date of this subclause.
(xxi)
Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of
misunderstanding.
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