Pennsylvania Charge of Unfair Practices

State:
Pennsylvania
Control #:
PA-SKU-4598
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PDF
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Description

Charge of Unfair Practices

The Pennsylvania Charge of Unfair Practices is a law that prohibits certain types of behavior in the marketplace. It applies to all persons, businesses, and organizations that are engaged in commerce in the Commonwealth of Pennsylvania. Specifically, it prohibits certain types of discriminatory and deceptive acts, including price discrimination, discrimination in the provision of services, deceptive advertising, and fraudulent activities. It also includes unfair or deceptive practices in the areas of insurance, consumer products, and credit. There are three different types of Pennsylvania Charges of Unfair Practices: 1. Price Discrimination: This involves selling a product or service for a higher price than it is worth, based on the customer’s race, gender, age, or other protected class. 2. Discrimination in the Provision of Services: This prohibits businesses from discriminating against customers or employees on the basis of race, gender, age, or other protected class. 3. Deceptive Advertising: This prohibits businesses from making false or misleading statements in advertising, or from advertising products or services that are not available. The Pennsylvania Charge of Unfair Practices is enforced by the Pennsylvania Office of Attorney General, Consumer Protection Section. Violations of this law can result in civil penalties, including fines and injunctions.

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FAQ

What Are Some Examples of Unfair and Deceptive Trade Practices? Claiming a product is something it is not or performs a task it does not, or substituting an inferior product for the product advertised. Systematically overcharging for a product or service. Failing in good faith to settle insurance claims.

--If any person indulges in fraudulent and unfair trade practices relating to securities, he shall be liable to a penalty 2which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of such practices, whichever is higher.

: a trade practice with respect to the public or a competitor that is forbidden by statute and that is therefore subject to control by a federal trade commission.

Some examples of unfair trade methods are: the false representation of a good or service; false free gift or prize offers; non-compliance with manufacturing standards; false advertising; or deceptive pricing.

Unfair Acts or Practices 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.

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.

Categories of general unfair trade practices: ? Unfairly refusing a transaction; ? Discriminating against a transacting party; ? Unfairly excluding competitors; ? Unfairly soliciting customers; ? Unfairly coercing customers; ? Unfairly taking advantage of one's bargaining position; ? Trading under terms and conditions

Section 201-9.2 - Private actions (a) Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act or practice declared

More info

A copy of the completed unfair practice charge and proof of service form must be served on the party being charged (respondent). Type or clearly print all information and complete all sections of the charge.List any pending related MERC cases. 6. Complete the remaining information in the box below Section 5 and sign the charge form. NAME OF EMPLOYER (Complete this section only if the charge is filed against an employee organization.) a. The deposition may then be used as if fully signed. • The court reporter must deliver an original and one copy of the transcript of the deposition to the PERB. An employer, employee, or union that believes an unfair labor practice has been committed may file a charge with the NLRB. Agree with the complaints; Disagree with all or some of the complaints. Unfair practices defined.

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Pennsylvania Charge of Unfair Practices