A copy of that law can be found here. 2011 -2019.2 A powerful weapon; Used to protect consumers from "advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, Our resolution of this question is premised upon consideration of the intention and objectives of the UTPCPL. It is a business responsibility to provide the written notice of cancellation, exactly as written in the law, otherwise if the consumer has not been notified of his rights, the entire contract may be voidable even after the three days has passed. . Instantly, the Legislature strove . 48-602; Ill.Stat.Ann. Cf. Section 517.2 - Definitions. Yes. 326, Art. Updated November 5, 2020: Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services. Please contact dedicated home contractor fraud attorney Louis S. Schwartz at CONSUMERLAWPA.com today to learn more about your legal options. Finally, the Act sets forth a number of prohibited acts which, though not necessarily constituting crimes, can result in the imposition of civil liability. The terms that are required to be in every home improvement contract, and provisions that cannot be included, are set forth in Section 517.7 of the law which you can review here. Although it is not required by the law, you can more fully explain the meaning of the number to consumers in your advertisements and in contracts, by displaying the number as: Pennsylvania Home Improvement Contractor Registration Number: PA123456. Consumer Protection Bureau of the Pennsylvania Attorney General's office, Pennsylvania Annual Report for Foreign Corporations. Accord Best v. Hammill Quinlan Realty Co., Inc., 18 D. & C.3d 31 (Wash. 1980). 53, 1978 Pa.Laws 202, 2). [16] Id. While many lawyers will be spending many hours learning the details of the Act and the interplay between and among its various provisions, we can now report on at least some of the basic details of the Act. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. [21] Even if we were to conclude that all actions brought pursuant to the UTPCPL sounded in deceit or fraud, what with appellants' additional claims under UTPCPL the six-year "catchall" limitation of section 5527(6) would be applicable. . The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. Appellants contend that, there being no express limitation on private actions under the UTPCPL, and since their claims fall within the ambit of that statute, the six-year "catchall" limitations period of section 5527(6) of the Judicial Code, 42 P.C.S. (xiv). The law prohibits various unfair business practices such as abandoning a home improvement project or failing to complete the work. Below arecommonly asked questions about Pennsylvanias Home Improvement Consumer Protection Act. 93A, 1(b) & 9(1); Mich.Stat.Ann. Although we have no appellate decision in our courts specifically addressing this issue, our sister courts of common pleas have expressed a view on this question. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Please send all correspondence to Pottstown Office, Pennsylvanias New Home Improvement Consumer Protection Act, Pennsylvanias Breach of Personal Information Notification Act, Statute of Limitations on Contract/Sales in Pennsylvania, Unfair Trade Practices and Consumer Protection, Your Downtown Business Local Compliance. 276, 513 A.2d 427 (1986) (Unfair Insurance Practices Act); Culbreth v. Lawrence J. Miller, 328 Pa.Super. These prohibited acts include the failure to refund the amount paid for home improvements within ten days after demand if no substantial portion of the contract work has been performed at the time of the request, and if more than forty-five days have elapsed since the starting date specified in the written contract. 75-24-3; Mo.Ann.Stat. . 5, 213; Md.Com.Law Code Ann. The law does not require contractors to show copies of their registration. Check or add your phone numbers to the Pennsylvania Do Not Call Registry. 6 years (from earliest of various dates specified in the statute) No. Definitions As used in this act. [21] Until 1983, fraud actions were subject to a six-year statute of limitations. [9] That sales of real property *392 would be protected by the UTPCPL is consonant with its broad remedial purposes. tit. The Pennsylvania Home Improvement Consumer Protection Act There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. On or about June 19, 1980, appellants agreed to purchase the premises for the sum of $20,500.00. 1982); Wilkinson v. Smith, 639 P.2d 768 (Wash.App. Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 467, 329 A.2d 812, 820 (1974). We believe that this result is directly attributable to the sui generis nature of the Unfair Trade Practices and Consumer Protection Law since the statute encompasses an array of practices which might be analogized to passing off,[10] misappropriation,[11] trademark infringement,[12] disparagement,[13] false advertising,[14] fraud,[15] breach of contract,[16] and breach of warranty. How is emergency work handled under the Home Improvement Consumer Protection Act? . The term includes a subcontractor or independent contractor who has contracted with a home improvement retailer, regardless of the retailers net worth, to provide home improvement services to the retailers customers. 517.1 et. 42 P.C.S. The law requires contractors to submit a completed application which includes among other information: Effective October 22, 2014, HICPA was amended to require that contractors update the information supplied in their application for registration within thirty (30) days of any change. The amendment of appellants' complaint to include a claim for violation of the Unfair Trade Practices and Consumer Protection Law does plead a new cause of action, but also brings forth a consideration of another statute of limitations in addition to the two-year statute of limitation for common law fraud. 5524(7) (two year limitation). 553, 561, 382 A.2d 762, 765 (1978) ("the Federal Trade Commission Act . The Home Improvement Consumer Protection Act ("The Act") forever changed the relationship in Pennsylvania between home owners and those who agree to do home improvement. Bait-and-switch practices: advertising without the intent of providing the advertising product or service, or not providing enough to supply expected demand, unless it is indicated that there is a limited supply, Promising a buyer referral compensation where the compensation is dependent on a future event, Soliciting telephone sales without stating the identity of the caller, the purpose of the call, and the nature of the promotion, Failing to adhere to the terms of a written guarantee given to the consumer, Catchall: any other deceptive or fraudulent act which is likely to confuse consumers. Yet other types of actions, such as actions under Pennsylvania's Unfair Trade Practice and Consumer Protection Law, have a six-year statute of limitations. This agency investigates consumer complaints and litigates those with merit. The failure to register is a violation of the law and unregistered contractors face legal action, including civil penalties of $1,000 or more. 1051 et seq. Yes: HICPA was amended on October 22, 2014, to allow contractors to offer time and materials contracts to Pennsylvania consumers, provided the contractor: Informs the consumer in writing that the time and materials contract will not exceed 10% above an initial cost estimate agreed to by the homeowner; and. As the Supreme Court of Pennsylvania has observed: [T]his Law attempts to place on more equal terms seller and consumer [and is] predicated on a legislative recognition of the unequal bargaining power of opposing forces in the marketplace. How should I list the Bureau of Consumer Protection's phone number in my contracts? Section 517.7 - Home improvement contracts. The enforcement of this law falls under the jurisdiction of the Consumer Protection Bureau of the Pennsylvania Attorney General's office. (vi) and (vii) (marketing of altered or inferior goods); id. This section provides: Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation by section 5531 (relating to no limitation) must be commenced within six years. The Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) 73 P.S. A non-refundable fee of $50.00, payable to Commonwealth of Pennsylvania must accompany each application. 1979) (Pennsylvania Motor Vehicle Sales Finance Act); Pekular v. Eich, 355 Pa.Super. Nor does the term include the sale of appliances, such as stoves, refrigerators, freezers and room air conditioners, which are designed for and are easily removable from the premises without material alteration. Since section 201-9.2 of the UTPCPL provides for a civil action which is not subject to a limitations period, the Unfair Trade Practices and Consumer Protection Law is subject to the six-year "catchall" statute of limitations. See Saunders, The Pennsylvania Automobile Lemon Law Uncharted Terrain, 57 Pa.B.A.Q. & Com.Code Ann. Discuss and negotiate between the consumer and contractor for incremental payments as work progresses, with a final payment upon completion. Sign up for our free summaries and get the latest delivered directly to you. The defendant in that case argued that the treble damages provision of the statute was analogous to a penalty and that therefore the one-year statute of limitations for "an action of proceeding . The issue in this case is whether another statute of limitation under the UTPCPL is equally applicable rather than the two-year statute for fraud. Contractors with questions about the law can call or email: Pennsylvania Office of Attorney General Strawberry Square Do you receive unwanted calls? [13] 73 P.S. ", "I could not let this opportunity pass without expressing my sincere thanks for representing me in court. Appellants are individuals and owners of residential property located at 5714 Marshall Street in Philadelphia. Harrisburg, PA 17120 You need to enable JavaScript to run this app. Any contractor who offers or performs home improvements in Pennsylvania must comply with the law. Like the North Carolina and Arizona Courts, we find that the application of the six-year "catchall" period of limitations will effectuate the broad remedial policies of the legislature in enacting this statute and ensure that those consumers injured by unfair or deceptive practices may pursue their rights under the UTPCPL. In short, no home improvement contractor will be permitted to use any form of advertising or promotional material that does not allow the consumer to trace that contractor through a registration number to the Pennsylvania Bureau of Consumer Protection. Any claims not filed with the prescribed time period are deemed stale and time-barred. The operative provision of the Unfair Trade Practices and Consumer Protection Law provides: "Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . at 8 (quoting a transmittal memorandum from the attorney general). Id. See 13 P.S. Last Action: This bill amends the act of October 17, 2008 (P.L.1645, No.0132), known as the Home Improvement Consumer Protection Act - Enactment. Box 444Pottstown, PA 19464 Pottstown Law Office Map, 13 W. Miner StreetWest Chester, PA 19382Maps & Directions, 606 Court Street., Suite 203Reading, PA 19601Maps & Directions, 570 Main StreetPennsburg, PA 18073Maps & Directions, 2023 Wolf, Baldwin & Associates, P.C. 259 S.E.2d at 6. As such, the Court adopted North Carolina's three-year "catchall" statute of limitations, adding "that where there is doubt as to which statute of limitations should apply, the longer statute should be chosen." At issue in this matter is the appropriate statute of limitations for private actions under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). 30, 36 (1986). judy norton children; court ordered community service california 42 P.C.S. Section 517.3 - Registration of contractors. . Although the decision to grant or deny a petition to amend a pleading is a matter of judicial discretion, we have held that "[a]mendments should be allowed with great liberality at any stage of the case unless they violate the law or prejudice the rights of the opposing party. Anyone who has paid attention to the local newspapers over the past few years will recall the scandals and prosecutions of home improvement contractors gone bad of contracts not honored, and of unearned deposits not refunded. is regarded as a breach [sic] contract"). 201-1 et seq. If there are subcontractors that are going to be working on the project, and are known at the time the contract is executed, their names, addresses, and phone numbers should be included as well. Contractor Frequently Asked Questions Below are commonly asked questions about Pennsylvania's Home Improvement Consumer Protection Act. The Act further provides that any violation of any of the provisions of the Act is deemed to be an Unfair Trade Practice under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 5524(7). In the case sub judice, the denial of appellants' petition to amend their complaint to include an UTPCPL claim has the effect of putting appellants out of court on a cause of action they seek to litigate. See Ariz.Rev.Stat.Ann. 4. On July 1, 2009, a new consumer protection law goes into effect. Consumersare able to call this number to check whether a contractor is registered with the Office of Attorney General. *397 In Holley v. Coggin Pontiac, Inc., 43 N.C.App. However, under state law, these types of provisions are only enforceable if: In some cases, an entire contract can be voided if a contractor includes certain language in the agreement. These questions highlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. 3 years for contracts2 years for torts. Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping work (other than work performed under the Plant Pest Act), painting, doors and windows and waterproofing. 201-3 (emphasis added). For instance, it is not uncommon for contractors to include clauses that mandate arbitration in the event of a dispute. Under the Home Improvement Consumer Protection Act, any work performed under the emergency work provisions of Section 201-7 of Pennsylvanias Unfair Trade Practices and Consumer Protection Law is not considered a home improvement. 2313 (express warranty), 2314 (implied warranty of merchantability), 2315 (implied warranty of fitness for a particular purpose). Many homeowners don't know, however, that contractors are also prohibited from using deceptive or unfair practices in their dealings with homeowners by state law. [10] 73 P.S. Does someone who only does a few jobs a year need to register? Finding next that the purpose of the Unfair Trade Practices Statute were both remedial and penal, the Court emphasized: Id. [22] See supra notes 10-17 and accompanying text. You can explore additional available newsletters here. The law also limits down payments or deposits for any home improvement project for which the total price is more than $5,000. 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