An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for definitions, for unlawful acts or practices and exclusions and for private actions.

PRINTER'S NO. 804
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 783
Session of
2025
INTRODUCED BY RABB, KINKEAD, SANCHEZ, ISAACSON, PIELLI, FREEMAN,
HILL-EVANS, HOWARD, DALEY, HADDOCK, MAYES, STEELE, MALAGARI,
KENYATTA, WEBSTER, SCOTT AND BRIGGS, MARCH 3, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, MARCH 3, 2025
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," further providing for definitions, for unlawful
acts or practices and exclusions and for private actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 introductory paragraph, (1.1) and (4)
(xxi) of the act of December 17, 1968 (P.L.1224, No.387), known
as the Unfair Trade Practices and Consumer Protection Law, are
amended, clause (4) is amended by adding subclauses and the
section is amended by adding clauses to read:
Section 2. Definitions.--As used in this act[.]:
* * *
(1.1) "Internet service provider" means a person who
furnishes a service that enables users to access content,
information, electronic mail or other services offered over the
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Internet, and access to proprietary content, information and
other services as part of a package of services offered to
[consumers] the public.
* * *
(4) "Unfair methods of competition" and "unfair or deceptive
acts or practices" mean any one or more of the following:
* * *
[(xxi) Engaging in any other fraudulent or deceptive conduct
which creates a likelihood of confusion or of misunderstanding.]
(xxii) Making an untruthful, deceptive or misleading
environmental marketing claim, including, for example:
(A) engaging in paltering that misleads or deceives
consumers as to the overall environmental impact of an industry,
business, product or service; or
(B) engaging in reputational advertising that misleads or
deceives consumers as to the overall environmental impact of an
industry, business, product or service.
(xxiii) Making an untruthful, deceptive or misleading net
zero claim, including a claim that:
(A) does not clearly identify the covered portion of an
entity's emission portfolio and value chain, including all
greenhouse gas emissions, all emission scopes and all joint
ventures, subsidiaries and specific product categories;
(B) does not distinguish between a business's emission
reductions, post-emission compensation, both offsets and
removals, and emission divestments or otherwise relies on vast
amounts of offsets; or
(C) is not substantiated by a company plan or action.
(xxiv) Engaging in any other fraudulent or deceptive conduct
which creates a likelihood of confusion or of misunderstanding.
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* * *
(14) "Environmental marketing claim" means a representation
about the environmental attribute, including climate impact, of
a product or service in connection with the marketing, offering
for sale or sale of the product or service to the public. For
purposes of this definition, marketing includes labeling,
advertising, promotional materials and any other form of appeal
to the public in any medium, whether asserted directly or by
implication, through words, symbols, logos, depictions, product
brand names or other means.
(15) "Net zero claim" means a representation that an entity
has achieved an overall balance between greenhouse gas emissions
produced and greenhouse gas emissions removed from the
atmosphere.
(16) "Paltering" means the use of a truthful statement
relating to an industry, business, product or service that
creates an overall false, deceptive or misleading impression or
implication to the public that a specific benefit is significant
when it is in fact negligible as to the industry, business,
product or service.
(17) "Reputational advertising" means a representation to
the public designed to create a perception of an industry,
business or brand by highlighting positive environmental
qualities of or action taken by the industry, business or brand,
regardless of whether the representation is made in connection
with the sale of a good or service.
Section 2. Sections 3(a) and 9.2 of the act are amended to
read:
Section 3. Unlawful Acts or Practices; Exclusions.--(a)
Unfair methods of competition and unfair or deceptive acts or
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practices in the conduct of any trade or commerce as defined by
[subclauses (i) through (xxi) of] clause (4) of section 2 of
this act and regulations promulgated under section 3.1 of this
act are hereby declared unlawful. The provisions of this act
shall not apply to any owner, agent or employe of any radio or
television station, or to any owner, publisher, printer, agent
or employe of an Internet service provider or a newspaper or
other publication, periodical or circular, who, in good faith
and without knowledge of the falsity or deceptive character
thereof, publishes, causes to be published or takes part in the
publication of such advertisement.
* * *
Section 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
unlawful by section 3 of this act, may bring a private action to
recover actual damages or one hundred dollars ($100), whichever
is greater. If an action is brought under this section alleging
an unfair or deceptive act or practice described in subclauses
(xxii) or (xxiii) of clause (4) of section 2 of this act, it
shall not be required that the person who brought the action
suffered any ascertainable loss as a result of the use or
employment of the unfair or deceptive act or practice. The court
may, in its discretion, award up to three times the actual
damages sustained, but not less than one hundred dollars ($100),
and may provide such additional relief as it deems necessary or
proper. The court may award to the plaintiff, in addition to
other relief provided in this section, costs and reasonable
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attorney fees.
(b) Any permanent injunction, judgment or order of the court
made under section 4 of this act shall be prima facie evidence
in an action brought under section 9.2 of this act that the
defendant used or employed acts or practices declared unlawful
by section 3 of this act.
Section 3. This act shall take effect in 60 days.
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