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Trade Practices Of In Pennsylvania
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Types of Unfair Trade Practices ① Refusal to Deal. ② Discriminatory Treatment. ③ Exclusion of a Competitor. ④ Unfair Solicitation of Customers. ⑤ Coercion of Transaction. ⑥ Abuse of Superior Bargaining Position. ⑦ Imposing Binding Conditional Trade. ⑧ Obstruction of Business Activities.
The term “unfair trade practice” describes the use of deceptive, fraudulent, or unethical methods to gain business advantage or to cause injury to a consumer. Unfair trade practices are considered unlawful under the Consumer Protection Act.
What is an Unfair Trade Practice? Any practice that involves unfair competition or deceptive acts.
The statute of limitations for a UTPCPL claim is six years, which means that a consumer must file a claim pursuant to the statute within six years from the date that an alleged wrongdoing occurred.
This covers engaging in misleading practices such as making false or deceptive statements in marketing material, or omitting important information that would have a bearing on the customer's purchasing decision.
(These practices are commonly called misleading or unfair business practices.) They include false advertising, misrepresentation, tied selling, and failing to comply with regulations. Under consumer protection laws, they are illegal and can lead to compensatory or punitive damages.
An act or practice is unfair when it (1) causes or is likely to cause substantial injury to consumers, (2) cannot be reasonably avoided by consumers, and (3) is not outweighed by countervailing benefits to consumers or to competition. Congress codified the three-part unfairness test in 1994.
Pennsylvania, unlike many states, does not have a “buyer's remorse” statute on the books, which means that consumers do not have legal grounds to return a vehicle unless they have a valid reason for doing so that is related to fraud, a serious defect, or misrepresentation.
