PERSONAL INJURY - CONSUMER PROTECTION

Am I A Consumer?

You are if you are a purchaser of goods or services and do not sell or ordinarily deal in the type of goods or services that are being bought and sold to the public. If you personally deal or make your livelihood from dealing in the types of goods or services about which you have a complaint, you are a merchant and may have other rights under the Uniform Commercial Code, Articles II & IX. Please consult an attorney for additional details.

What is the Purpose of Consumer Protection?

The Courts have said that the purpose of the Consumer Protection Laws are to protect you from fraud and unfair or deceptive business practices and to prevent "unscrupulous" persons from "preying" upon the citizens of this Commonwealth.

What are UNFAIR & DECEPTIVE Practices?

You may have a claim against a seller or provider of goods or services if they have done any of the following:

» Passing off goods or services as those of another;
» Caused confusion or misunderstanding as to the source, sponsorship, approval or certification of goods or services;
» Caused confusion nor misunderstanding as to affiliation, connection or association with, or certification by, another;
» Used deceptive representations or designations or geographic origin in connection with goods or services;
» Represented that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;
» Represented that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or mode, if they are of another;
» Disparaged the goods, services, or business of another by false or misleading representations;
» Advertised goods or services with intent not to sell them as advertised;
» Advertised goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
» Made false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
» Promised or offered prior to the time of sale to pay, credit or allow any buyer, any compensation or reward for the procurement of a contract for purchase of goods or service with another;
» Promoting or engaging in any plan such as a Chain Letter or » Pyramid Scheme with a cost to the consumer of more than $25;
» Failing or refusing to comply with a written guarantee or warranty given to the buyer before or after the contract is made;
» Knowingly misrepresenting that services, replacements or repairs are needed if they are not;
» Making repairs, improvements or replacements on tangible, real or personal property of an inferior quality or below the standard agreed to;
» Engaging in any other fraudulent conduct which creates a likelihood of confusion or misunderstanding.

The intent of the law is to be applied as broadly as reasonably possible to protect your consumer interests. So, if your claim does not precisely fit within (1) through (15), #16 (above) is there to protect your individual circumstances where a seller has unfairly taken advantage of you.

What Types of Transactions Are Covered?

These laws protect you in your business relationships with check cashing companies, insurance companies, car dealerships, travel clubs, direct mail solicitations, charitable organizations, debt collection agencies, public adjusters, referral sales, health club memberships, any retail store, real estate agents, leases, landlord/tenant situations, lending and loans such as mortgages, health care, securities, nursing homes, and franchises, etc.

These rules are also applicable to Mail Order companies who do not have a business addresses in Pennsylvania but who sold you a product in this State and had it delivered here.

Further, these rules are applicable to automotive fraud where a used car or wrecked car had its odometer rolled back without disclosure, hidden mortgage charges, fraudulent automobile lease arrangements, and phony bank charges.

What Are My Damages and Remedies for Violation of the Consumer Protection Law?

If you purchase or lease goods or services primarily for personal, family or household purposes and then suffer an ascertainable loss of money or property as a result of the use or employment by any person of a method, act or practice listed above in items 1 through 16, you may recover your actual damages or one hundred dollars, whichever is greater, and by award of court, up to three times the actual damages and any additional relief the court deems necessary.

But I Didn't Understand the Contract When I Signed It?

Test of Readability Guidelines Under the Plain Language Act

» Short words, sentences and paragraphs.
» Active verbs.
» Minimal use of or no technical legal words, other than commonly used legal terms such as "mortgage".
» No Latin or foreign words
» Definitions of words should be the common definition.
» Personal pronouns should be used, or the names of the parties.
» Each sentence should contain no more than one condition.
» There should be no cross-references unless clearly described.
» No double negatives or exceptions to exceptions.

While you are generally responsible and obligated for any contract you sign whether you read it or not, there are rules that the creators of these contracts must follow in order for the contract to be enforceable against you.

The Pennsylvania Plain Language Consumer Contract Act requires that consumer contracts be written in style, arranged and with a letter size so that they are not hard for consumers to understand.

This law applies to all contracts that are:

made, solicited or intended to be performed in Pennsylvania; and
between a consumer and person in his/her usual course of business and made primarily for personal, family or household purposes to:
(a) borrow money; or (b) buy, lease or rent personal property, real property or services for cash or on credit; or (c) obtain credit.

While the Consumer Protection Law above applies to all consumer contracts, the plain language rule does not apply to deeds, mortgages, title insurance contracts, consumer contracts involving more than $50,000, marital agreements, contracts to buy securities, documents subject to examination by Federal or State regulatory authorities, contracts for insurance or insurance policies, PUC contracts, and commercial leases.

How Do I Determine If My Contract or Agreement Violates the Plain Language Law?

If your contract is subject to the Plain Language Law, i.e., it is not one of the types of contracts listed above, then it must pass the test of readability.

In addition to the nine (9) guidelines listed here, the contract should also have type size, line length, column width, margins and spacing that make it easy to read. The caption sections should be in bold type and the ink should contrast sharply with the paper.

If the contract allows the creditor or seller to take your property if you do not meet the terms of the contract, then it must contain a description of the property that may be affected and recite the following or a similar statement:

" If you do not meet your contract obligations, you may lose your house, the property that you bought with this loan, other household goods and furniture, your motor vehicle or money in your account with us."

[Note that a seller of a household good that attempts to secure his loan by cross-collateralizing that loan with other household furnishings may lose all his/her rights to repayment in bankruptcy. Please see the Bankruptcy information given on this site.]

What Are My Remedies for Violation of the Plain Language Law?

If you prove a violation of the Plain Language Law, the creditor, lessor or seller as the case may be will be liable to you for:

» Compensation in an amount equal to the value of any actual loss caused by the violation
» Damages of a minimum of $100 or the amount of the contract, whichever is less
» Court costs
» Reasonable attorney's fees
» Any equitable and other relief ordered by the Court

You cannot bring a claim for violation of the Plain Language Law where all parties have finished what was required by the contract, the consumer wrote the contract or the part that violates the Plain Language Law, the creditor, lessor or seller made a good faith and reasonable effort to comply with the law, or the lawsuit was not started within four (4) years of the violation.