Deceptive Trade With In Pennsylvania
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Pennsylvania Deceptive Trade Practices Laws How Pennsylvania laws prohibit deceptive trade practices, such as false advertising; bait and switch; or tampering with a car's odometer, including links to resources on related topics.
First, the UTPCPL is not subject to the relatively short two-year statute of limitations applicable to common law fraud claims, thereby allowing a plaintiff to pursue what is in essence a claim for fraud so long as he files within the six-year limitations period applicable to UTPCPL claims.
THIS DISCLOSURE OF RIGHTS IS A SUMMARY OF PENNSYLVANIA LAW. THE ACTUAL PROVISIONS OF THE LAW ARE IN SECTION 9.3 OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW. (h) (1) The Office of Attorney General shall enforce the provisions of this section.
The Act is stated in Pennsylvania Statutes, Title 73, Chapter 4. Section 201-2 prohibits false advertising. Under Section 201-4 the Attorney General or a district attorney can bring an action upon knowing about a violation. Section 201-9.2 permits private action by a person who has suffered ascertainable loss.
Examples of deceptive trade practices in this area include making false statements, omitting important details, and advertising unavailable goods or services. While many companies exaggerate the benefits of their products, it is unlawful to completely fabricate information.
The illegal practice of “bait and switch” has captured some new victims: staffing firms and other employers. The phrase typically refers to the unethical practice of luring customers with attractive offers and lowball prices, then trying to impose onerous terms or selling them less-desirable items.
The Uniform Trade Secrets Act, codified in Pennsylvania at 12 P.S. § 5302, defines a “trade secret” as “information, including a formula, drawing, pattern, compilation including a customer list, program, device, method, technique or process that: (1) derives independent economic value, actual or potential, from not ...
