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Unfair Trade Practices For False Advertising In Pennsylvania
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PA Office of Attorney General (OAG) investigates trade practices in the distribution, financing and furnishing of goods and services for possible unfair and deceptive conduct in PA. Submit a complaint online or call (717) 787-9707 or (800) 441-2555.
For example, in California, the state attorney general can bring a lawsuit to recover civil penalties up to $2,500 for each false advertisement sent to a consumer. The Federal Trade Commission (FTC), a federal agency charged with protecting consumers, can collect civil penalties up to $40,000.
Section 201-2 prohibits false advertising.
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.
(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.
The Unfair Trade Practices & Consumer Protection Law (UTPCPL) is a Pennsylvania statute that prohibits “unfair methods of competition” and “unfair or deceptive acts or practices.” The UTPCPL, along with its implementing regulations, are geared toward companies in the consumer product and service industries.
The UTPCPL also makes it an unfair or deceptive act or practice to engage in a “bait and switch” – advertising goods or services with intent not to sell them as advertised, or advertising them with intent not to supply the reasonably expectable public demand, unless the advertisement discloses a quantity limitation.
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.
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.
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Prohibiting unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce. Complaint Information.Please explain your complaint: Try to be brief, but be sure to tell WHAT happened, WHEN it happened and WHERE it happened. The UTPCPL applies to Pennsylvania businesses that use unfair acts or practices when conducting business. Vendors that provide goods and services to consumers in the Commonwealth of Pennsylvania strictly liable for fraudulent or deceitful conduct. The UTPCPL is Pennsylvania's consumer protection law. Examples include bait-and-switch schemes and rolling back a used car's odometer. Specifically, the law prohibits businesses from carrying out "fraudulent or deceptive conduct which creates a likelihood of confusion or misunderstanding. Business or goods or false or deceptive advertising. The UTPCPL prohibits unfair methods of competition between businesses and unfair or deceptive acts or practices in the conduct of any trade or commerce.