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PRINTER'S NO. 1080
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 989
Session of
2025
INTRODUCED BY HOWARD, MAYES, WAXMAN, MADDEN, GIRAL, HADDOCK,
PIELLI, HILL-EVANS, NEILSON, SANCHEZ AND KENYATTA,
MARCH 24, 2025
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, MARCH 24, 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 contracts and effect of
rescission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7(a) and (b) of the act of December 17,
1968 (P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, are amended to read:
Section 7. Contracts; Effect of Rescission.--(a) Where
goods or services having a sale price of twenty-five dollars
($25) or more are sold or contracted to be sold to a buyer, as a
result of, or in connection with, a contact with or call on the
buyer or resident at his residence either in person or by
telephone, or initiated by a buyer via an Internet website or
software application, that consumer may avoid the contract or
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sale by notifying, in writing, the seller within three full
business days following the day on which the contract or sale
was made and by returning or holding available for return to the
seller, in its original condition, any merchandise received
under the contract or sale. Such notice of rescission shall be
effective upon depositing the same in the United States mail or
upon other service which gives the seller notice of rescission.
(b) At the time of the sale or contract the buyer shall be
provided with:
(1) A fully completed receipt or copy of any contract
pertaining to such sale, which is in the same language (Spanish,
English, etc.) as that principally used in the oral or online
sales presentation, and also in English, and which shows the
date of the transaction and contains the name and address, both
physical and email, of the seller, and in immediate proximity to
the space reserved in the contract for the signature of the
buyer or on the front page of the receipt if a contract is not
used and in bold face type of a minimum size of ten points, a
statement in substantially the following form:
"You, the buyer, may cancel this transaction at any time
prior to midnight of the third business day after the date of
this transaction. See the attached notice of cancellation
form for an explanation of this right."
(2) A completed form in duplicate, captioned "Notice of
Cancellation," which shall be attached to the contract or
receipt and easily detachable, and which shall contain in ten-
point bold face type the following information and statements in
the same language (Spanish, English, etc.) as that used in the
contract:
Notice of Cancellation
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(Enter Date of Transaction)
You may cancel this transaction, without any penalty or
obligation, within three business days from the above date.
If you cancel, any property traded in, any payments made
by you under the contract or sale, and any negotiable
instrument executed by you will be returned within ten
business days following receipt by the seller of your
cancellation notice, and any security interest arising out of
the transaction will be cancelled.
If you cancel, you must make available to the seller at
your residence in substantially as good condition as when
received, any goods delivered to you under this contract or
sale; or you may, if you wish, comply with the instructions
of the seller regarding the return shipment of the goods at
the seller's expense and risk.
If you do make the goods available to the seller and the
seller does not pick them up within twenty days of the date
of your notice of cancellation, you may retain or dispose of
the goods without any further obligation.
If you fail to make the goods available to the seller, or
if you agree to return the goods to the seller and fail to do
so, then you remain liable for performance of all obligations
under the contract.
To cancel this transaction, mail or deliver a signed and
dated copy of this cancellation notice or any other written
notice, or send a telegram or email, to (name of seller), at
(address of seller's place of business, both physical and
email) not later than midnight of (date).
I hereby cancel this transaction.
..........................
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(Date)
..............................................................
(Buyer's Signature)
* * *
Section 2. This act shall take effect in 60 days.
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