(CCH) 21, 840 (1981) (restitution order for real estate buyers for misrepresentations as to quality of land, location of lots and availability of utilities); Cavanaugh Communities Corp., 93 F.T.C. 327, 546 P.2d 470 (1976). The UTPCPL contains a list of offenses that are deemed to be unfair competition or unfair methods and practices. For more detailed information regarding a registered contractor, please email us at hic@attorneygeneral.gov. Section 517.8 - Home improvement fraud (a) Offense defined.-- A person commits the offense of home improvement fraud if, with intent to defraud or injure anyone or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor: *385 Before MONTEMURO, POPOVICH and CERCONE, JJ. Section 517.1 - Short title. The toll-free phone number of the Home Improvement Contractor Consumer Helpline (1-888-520-6680) needs to be in there as well. 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. See also Gum, Inc. v. Gumakers of America, 1 F.R.D. 717-787-3391. Discuss and negotiate between the consumer and contractor for incremental payments as work progresses, with a final payment upon completion. Pa.R. In Anderson v. Kessler, 32 D. & C.3d 623 (Allegh. pennsylvania cash consumer protection act pennsylvania cash consumer protection act (No Ratings Yet) . The district court held that the plaintiff's common law libel claim was time-barred by 42 P.C.S. 201-3 (emphasis added). Registration Requirement 724 (1972). Co. v. Greenspan, 360 Pa. 542, 63 A.2d 72 (1949). Pennsylvania Secretary of State Business Search, Representation that the product or service has features or qualities that it does not actually have, Representing items as new if they are actually used. If a contractor has an ad for their business on their vehicle, the ad must include their registration number. 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. But the Act does not apply to a person for whom the total cash value of all of that persons home improvements is less than $5,000.00 during the previous taxable year. 1051 et seq. There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. 93A, 1(b) & 9(1); Mich.Stat.Ann. 253 (1979) (consent order against real estate developer for misrepresentations that homes were constructed free of defects and water drainage problems). 1961, expressly provides "[a] violation of this act shall also be a violation of 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. You should place your registration number in a spot where consumers will be able to see it and read it clearly. 5524(7). The Home Improvement Consumer Protection Act only applies to work done in connection with a "private residence," which term includes a single family dwelling, a multifamily dwelling consisting of not more than two units, or any single unit located within any multifamily dwelling, including condominiums and co-op units. [6] The UTPCPL was designed to promote full disclosure of information to consumers and "to equalize market position and strength of the consumer vis-a-vis the seller." Appellants are individuals and owners of residential property located at 5714 Marshall Street in Philadelphia. four-year limitation). 564, 568 (E.D.Pa. statute and other law Strong The statute does not contain any restrictions on class actions. . 34-5-10; Tex.Bus. This site is protected by reCAPTCHA and the Google. & Com.Code Ann. Definitions As used in this act. II, 201, 42 P.C.S. Creditors and credit Mixed Alaska Stat. 276, 513 A.2d 427 (1986) (Unfair Insurance Practices Act); Culbreth v. Lawrence J. Miller, 328 Pa.Super. property, tangible or intangible, real, personal or mixed. 1 P.C.S. (A) The dollar value of the initial cost estimate for the services to be performed under the time and materials provision. The language of section 5527(6) of the Judicial Code, however, is clear and unambiguous[23] as to what period of limitation shall apply in such instances: "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 [must be commenced within six years]." shaka wear graphic tees is candy digital publicly traded ellen lawson wife of ted lawson pennsylvania cash consumer protection act. No. The UTPCPL supplements rather than supplants traditional common law remedies with per se liability for a variety of unfair trade practices.[8]. In addition, section 1961 of the Pennsylvania Automobile Lemon Law, 73 P.S. Below arecommonly asked questions about Pennsylvanias Home Improvement Consumer Protection Act. :The Act applies to condominiums created after the Act's effective date (120 days from July 2, 1980). 1981); Rosenthal v. Perkins, 42 N.C.App. The plaintiffs in Murry brought suit against a mortgage lender and a subdivision developer for damages sustained as a result of defects in their newly constructed house. 201-2(4)(ii) (confusion as to commercial source); id. The law does not grandfather existing businesses. 100). 59.1-198; Wash. Rev.Code Ann. Most provisions of the Act also do not apply to home improvement retailers having a net worth of more than $50,000,000.00 or any employee of that retailer that does not perform home improvements, thus excluding from the scope of most of the Act entities such as Home Depot or Lowes when those entities do no more than sell home improvement materials. . The timely appeal of this important question followed. Pennsylvania's Home Improvement Consumer Protection Act ("HICPA" or the "Act") was enacted to protect consumers from the unfair trade practices and fraudulent activities of home improvement contractors. 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). 3 years for contracts2 years for torts. For instance, it is not uncommon for contractors to include clauses that mandate arbitration in the event of a dispute. 258, 478 A.2d 456 (1984). 1166, No. 2725(a) (U.C.C. Instead, the UTPCPL creates a civil action which is separate and distinct from appellants' other causes of action and for which the legislature provided no limitations period. Accord Best v. Hammill Quinlan Realty Co., Inc., 18 D. & C.3d 31 (Wash. 1980). The failure to register is a violation of the law and unregistered contractors face legal action, including civil penalties of $1,000 or more. What information is required to register? The Act also prohibits a home improvement contract from containing various terms, including the waiver of building code requirements, confession of judgment clauses, the waiver of a right to a jury trial, wage assignment clauses, provisions that the contractor be awarded attorneys fees and costs, and, perhaps most importantly, the waiver of any rights provided under the Act. Want High Quality, Transparent, and Affordable Legal Services? [5] Thus, although a claim under the UTPCPL brings forth a new cause of action, it also spawns a new statute of limitation period, to be discussed infra. Inexplicably, the legislature, in enacting the UTPCPL failed to include a statute of repose for either actions for damages or injunctive relief under section 201-9.2. 429 (E.D.Pa.1983), the action was for libel and for "[d]isparaging the goods, services or business of another by false or misleading representation of fact" under the Unfair Trade Practices and Consumer Protection Law. Only the first 5 bills are included here. The registration number must be included not only in the more obvious forms of advertising, such as television, radio, newspaper and billboard advertising, but also on letterhead, business cards and promotional materials such as clothing and pens. 282, 286, 507 A.2d 1230, 1232 (1986) (citations omitted). In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. The law establishes a mandatory registration program for contractors who offer or perform home improvements in Pennsylvania. All contractors, including self-employed contractors and sole proprietorships, subcontractors and independent contractors, and corporations, partnerships and all other types of business entities must be registered, unless they fall into the two exemptions above. 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. We agree for the reasons that follow. 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. 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. Home improvement includes all of the following activities when they are done in connection with land or a portion of the land adjacent to a private residence or a building or a portion of the building which is used or designed to be used as a private residence for which the total cash price of all work agreed upon between the contractor and owner is more than $500: No, the construction of a new home is not considered a home improvement under the law. A link to that law is provided here. Is there an exemption for work performed by or on behalf of a charity or a non-profit corporation? 6-13.1-1; S.C.Code Ann. v. 553, 561, 382 A.2d 762, 765 (1978) ("the Federal Trade Commission Act . 417, 404 A.2d 720 (1979) (Usury Statute). 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. This includes victims of unfair or deceptive practices by insurance companies, car dealerships, or companies that had false advertising. See Zerpol Corp. v. DMP Corp., 561 F. Supp. All home improvement contractors must register, with the exception of those performing less than $5,000 of work in a calendar year and retailers with a net worth of $50 million. Cf. Landscapers whose work is limited to services performed under Pennsylvanias Plant Pest Act do not need to register. 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. It appears that the Pennsylvania legislature has heard those stories as well, for on July 1, 2009, a new Home Improvement Consumer Protection Act will take effect in the Commonwealth of Pennsylvania. Does the law apply to home improvements done on commercial properties? *398 Confronted by the same issue in Murry v. Western American Mortgage Co., 124 Ariz. 387, 604 P.2d 651 (1979), the Arizona Supreme Court applied that state's one-year "catchall" limitations period to the Arizona Consumer Fraud Act. Without regard to affixation, the installation of central heating, air conditioning, storm windows or awnings. The Act, located at 73 Pa.C.S. Del Turco v. Peoples Home Savings Ass'n., 329 Pa.Super. Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting. Do contractors need to display their registration number on their vehicles? 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. While the Act does not provide the Bureau of Consumer Protection with discretion to deny the issuance of a license to anyone who has paid the required S50.00 application fee and provided the required information, the Act does provide for public access to registration information (excluding Social Security number, drivers license number and other such confidential information) by a toll-free telephone number and by posting on the Bureaus internet website. Check or add your phone numbers to the Pennsylvania Do Not Call Registry. Finally, the Act sets forth a number of prohibited acts which, though not necessarily constituting crimes, can result in the imposition of civil liability. Id. Employees of apartment buildings, condominiums, and community associations who are performing work on the property within the scope of their employment with these businesses do not need to register. 2313 (express warranty), 2314 (implied warranty of merchantability), 2315 (implied warranty of fitness for a particular purpose). [5] As such, denial of the petition to amend constitutes an appealable order. (xiv). Generally speaking a down payment of one-third of the total contract price or one-third plus the cost of special ordering materials is appropriate. (CCH) 22, 226 (1985) (cease and desist order against real estate developer for misrepresenting actual land values); Las Animas Ranch, Inc., 3 Trade Reg.Rep. The law also limits down payments or deposits for any home improvement project for which the total price is more than $5,000. Contractors with questions about the law can call or email: Pennsylvania Office of Attorney General Strawberry Square Does someone who only does a few jobs a year need to register? Home improvement contractors would be well advised to consult with counsel regarding their legal rights and prohibitions prior to the July 1st effective date of the new Act. 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. This agency investigates consumer complaints and litigates those with merit. For a full discussion and comparison of state unfair competition statutes, see generally, Sibert, Enforcement of State Deceptive Trade Practice Statutes, 42 Tenn.L.Rev. 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. I am in your debt for this and will always be grateful for your service", 1500 John F Kennedy Blvd., Suite 1825 Philadelphia, PA 19102. Under the law, a home improvement contractor is defined as: Any person who owns and operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement. PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 201-1. Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 467, 329 A.2d 812, 820 (1974). is regarded as a breach [sic] contract"). 45.50.481(a)(1) says that the statute does not apply to "an act or transaction regulated under laws administered by the state, by a regulatory board or commission except as [18] 42 P.C.S. 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. Do contractors need to show their registration to their customers or display the registration in their business? Finally, its important to note that under state law, homeowners have the legal right to rescind a home improvement contract without incurring any penalties, as long as they do so within three days of signing. Shortly after taking possession of the realty, appellants discovered an allegedly substantial defect in the main soil stack pipe from the cellar to the second floor bath of the house and a leak in the rainspout from the front porch of the house into the cellar. 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. [17] Consequently, the use of the standard employed by the trial court in the case at bar to select a limitations period threatens a multiplicity of potentially applicable statutes of repose for UTPCPL actions. See, e.g., Bolden v. Potamkin-Auerbach Chevrolet, Inc., 470 F. Supp. This ruling greatly increases the range of UTPCPL and may encourage people to file suits in Pennsylvania to try to receive these protections, instead of filing in the state where the grievances occurred. The Act at Section 517.8 also makes home improvement fraud a criminal offense, punishable as either a felony of the third degree or a misdemeanor of the first degree, depending upon the nature of the violation and the amount involved. 326, 1982 Pa.Laws 1409, 1440. seq., is replete with numerous definitions, requirements, prohibitions and penalties. Fox Rothschild LLP Attorneys at Law. Home improvement contractor registrations are valid for two years, and must be renewed biennially. Our attorneys at Wolf, Baldwin & Associates are able to answer your questions regarding these matters. Furthermore, these written agreements must contain the entirety of the agreement reached by the homeowner and the contractor in question. Informs the consumer in writing that any cost beyond the contract price (initial cost estimate plus 10%) must be agreed to by the homeowner in a written change order. (3) A confession of judgment clause. . 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. and are discussed and interpreted by Pennsylvania courts. 459 Pa. at 467-70, 329 A.2d at 820-23 (citations omitted). 6, 2511; Ga.Code Ann. Charities and non-profits, and those acting on their behalf, must register and comply with the act if they offer or perform home improvements in Pennsylvania which includes entering into a contract with the homeowner. Finding next that the purpose of the Unfair Trade Practices Statute were both remedial and penal, the Court emphasized: Id. 2725(a). The remedies of the UTPCPL are not exclusive but in addition to these other remedies. In determining what limitations period governed fraud claims that accrued after 1978 but before 1983, the court in A.J. Cunningham Packing v. Congress Financial Corp., 792 F.2d 330 (3rd Cir. *384 Joseph C. Cascarelli, Philadelphia, for appellants. The Arizona Supreme Court affirmed. and the Lantram Trademark Act were models for Pennsylvania's (UTPCPL)"). 75-1.1 et seq. 618 (E.D.Pa. On July 1, 2009, a new consumer protection law goes into effect. at 625. N.C.Gen.Stat. 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. . 6-1-102; Conn.Gen.Stat.Ann. ch. 1-54(2). The enforcement of this law falls under the jurisdiction of the Consumer Protection Bureau of the Pennsylvania Attorney General's office. 1984), it was held that "[i]f a leasehold of real estate is covered by the Consumer Protection Law, there is no reason why guarantees given in connection with the sale of real estate should not also be covered." 17.45; Va.Code Ann. Section 517.7(a)(8) requires the following elements in order for a time and materials contract to be valid and enforceable, along with all the other requirements set forth in Section 517.7(a): (8) Includes . [16] Id. In the case of Merv Swing Agency, Inc. v. Graham Co., 579 F. Supp. are hereby declared unlawful." Attorney's use this law to demand justice against both real and perceived threats. In such a case, while the subcontractor who installs materials bought from the large retailer will be governed by the Act, the large retailer, in most particulars, will not be. The term home improvement also does not include the services of a an Agriculture Department-certified landscaper except to the extent that the services include any of the installations noted above. Pennsylvania Rule of Civil Procedure 1033 provides that "[a] party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party, or amend his pleading." [17] Id. 1983) (disparagement action "protects economic interests by providing a remedy to one who suffers pecuniary loss from slurs affecting the marketability of his goods"). . Section 517.5 - Application fees. 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. [3] Id. 76 (repealed by Act No. 6 years (from earliest of various dates specified in the statute) No. Yes. It is recommendedthat you carefully review theHome Improvement Consumer Protection Actand consult with a private attorney if you have any questions about the law or need legal advice. (xvii) (miscellaneous fraudulent practices). How is emergency work handled under the Home Improvement Consumer Protection Act? Meanwhile, Pennsylvania home improvement contractors should consult with their legal counsel before July 1, 2009 to ensure that they are in compliance with the Act prior to its effective date. Section 201-7 of Pennsylvanias Unfair Trade Practices and Consumer Protection Law contains a sample notice of cancellation you may wish to use in your contracts. When the home improvement contractor registers with the Bureau of Consumer Protection the contractor is assigned a registration number. 201-2(4) of UTPCPL (enumerating unfair or deceptive acts or practices) with 15 U.S.C. 598.440; N.H.Rev.Stat.Ann. Section 517.2 - Definitions. A prerequisite to the prosecution of a private enforcement action under the Unfair Trade Practices and Consumer Protection Law is that the action must come within the protection of the statute. Do building superintendents or the maintenance staff for apartment buildings, condominiums, or community associations need to register? 201-2(3) (emphasis added). Harrisburg, PA 17120 [4] This principle is, of course, subject to the qualification that an amendment may not add a new cause of action on which a particular statute of limitations has run. v. Lazin, 57 Pa.Commw. 5522-5527. 1409, No. Pennsylvania's UTPCPL is modeled on the Federal Trade Commission Act. (B) That the cost of the services to be performed under the time and materials provision may not exceed 10% above the dollar value indicated in the initial cost estimate. Initially, we must determine whether the order denying amendment of appellants' complaint is appealable. The law says that registration numbers must be included in all advertisements, contracts, estimates and proposals - how do I display my number? The statute also establishes minimum insurance requirements for contractors; requires contractors to provide their registration number in their ads and contracts; establishes required contract terms for home improvement contracts; prohibits unfair business practices; and creates a criminal penalty for home improvement fraud. (C) The total potential cost of the services to be performed under the time and materials provision, including the initial cost estimate and the 10% referenced in clause (B), expressed in actual dollars. However, contractors must include their registration number in their advertisements, contracts, estimates and proposals. The Act took effect on July 1, 2009. The law requires registration numbers in any advertisements used by contractors. Corp. v. Commonwealth, 44 Pa.Commw. See Home Life Ins. [13] 73 P.S. Because the remedy of this statute is analogous to an action for revocation of acceptance under section 2608 of the Uniform Commercial Code, 13 P.C.S. . . 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. Yes. ." 5, 213; Md.Com.Law Code Ann. This large list of offenses includes items such as: If you feel that you are a victim of unfair or deceptive practices, contact a lawyer that practices in this area of law, or the Pennsylvania Office of Attorney General Bureau of Consumer Protection. Thank you Lou! [20] Violations of several other statutes also constitute violations of the UTPCPL. Section 517.8 - Home improvement fraud. At the very least, these contracts must include the following information: Home contractors who fail to comply with these rules can be held liable if their actions resulted in harm to a homeowner, so if you recently entered into an agreement with a contractor and believe that you were taken advantage of, you should call an experienced attorney who can explain your legal options. A home improvement contract can be voided by the homeowner if it fails to contain required terms, or if it contains prohibited terms. We suggest that you include the following language in your contracts, and display it prominently so your customers can review it: The official registration number of [contractor name] can be obtained from the Pennsylvania Office of Attorney Generals Bureau of Consumer Protection by calling toll-free within Pennsylvania 1-888-520-6680. 201-2(4)(v) (deceptive marketing of goods, services or business); id. 44-1521; Colo.Rev.Stat.Ann. 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. Financial Corp., 792 F.2d 330 ( 3rd Cir any restrictions on class actions ; Rosenthal Perkins. Law Strong the statute does not contain any restrictions on class actions 553, 561, 382 A.2d,..., 329 Pa.Super new consumer protection Act pennsylvania cash consumer protection Act ( No Yet. D. & C.3d 623 ( Allegh the ad must include their registration number in advertisements... 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