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. The law does not address how the balance should be paid. These questions highlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. (ii) The contract shall state: Section 517.1 - Short title. Subsequently, on July 28, 1986, appellants filed a petition for leave to amend their complaint in order to include a claim for violation of the Unfair Trade Practices and Consumer Protection Law. *385 Before MONTEMURO, POPOVICH and CERCONE, JJ. organizational structure (for instance, an individual has incorporated his or her business operation), the names under which the business operates, the principals and shareholders of the business. 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 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 . Hire the top business lawyers and save up to 60% on legal fees. 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. No. The Act applies to any person who owns and operates a home improvement business or who undertakes offers or agrees to perform any home improvement, including a subcontractor who has contracted with a home improvement retailer to provide home improvement services to the retailers customers. 6 years for contracts3 years for torts2 years for negligence. [16] Id. After this time passes, you may contest any lawsuit filed by a medical creditor on the grounds the original debt is . The law requires that all contractors who perform at least $5,000 worth of home improvements per year register with the Attorney General's Office. 75-1.1 et seq. 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. Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services. (emphasis added). Get free summaries of new Supreme Court of Pennsylvania opinions delivered to your inbox! You need to enable JavaScript to run this app. 93A, 1(b) & 9(1); Mich.Stat.Ann. Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 462, 329 A.2d 812, 817-18 (1974) (the UPTCLP "has regularly been interpreted. 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. Before that, there was no requirement that an agreement for home improvement be in writing. 5524(7). See 13 P.S. 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. Does someone who only does a few jobs a year need to register? No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. 201-2(4)(iv) (misdescriptive statements as to geographic origin) Compare id. 1125(a) (reproduced footnote 6, supra). C. Herbert O'HARA, Joseph F.X. 724 (1972). Share it with your network! (xi) (fictitious price cuts). Does the Home Improvement Consumer Protection Act affect the licensing or registration of home improvement contractors by counties, cities or towns? Section 517.5 - Application fees. Finding next that the purpose of the Unfair Trade Practices Statute were both remedial and penal, the Court emphasized: Id. [u]pon a statute, for a penalty or forfeiture" was applicable. (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. Creditors and credit Mixed Alaska Stat. 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. 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. Act No. Unconvinced, the Court stated: Id. The UTPCPL contains a list of offenses that are deemed to be unfair competition or unfair methods and practices. While it is likely take years for the courts to flesh out the details of the Act and interpret its many provisions, there can be no doubt that the Act will have broad consequences for both home improvement contractors and home owners. 45(a)(1). The UTPCPL is also based on the Lanham Trademark Act, 15 U.S.C. Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 467, 329 A.2d 812, 820 (1974). We are experienced in handling a variety of Consumer Protection cases. This new statute, however, contained no express limitation on actions for fraud and deceit. Landscapers whose work is limited to services performed under Pennsylvanias Plant Pest Act do not need to register. The Arizona Supreme Court affirmed. Registration does not imply endorsement.. are hereby declared unlawful.") 170, 427 A.2d 730 (1981); Safeguard Inv. [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. (quoting 51 Am.Jur.2d Limitations of Actions 63 (1970)). The law establishes a mandatory registration program for contractors who offer or perform home improvements in Pennsylvania. . N.C.Gen.Stat. Under HICPA, home improvement contracts may NOT contain certain provisions including: 1) A hold harmless clause; 2) A waiver of Federal, State or local health, life, safety or building code requirements; 3) A confession of judgment clause; 4) A waiver of any right to a jury trial in any action brought by or against the owner; 5) An assignment of Act 2008 Pa. Legis. If the vehicle does not have advertising promoting the business, then the contractor is not required to display their registration number on the vehicle. Five years pass, and the lender wants to collect his money. 326, Art. Either the Pennsylvania Attorney General's office can pursue the issue, or the victim can file a civil claim. 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. This amendment applies only to causes of action accruing after its effective date in February, 1983. Are there additional requirements in the act besides the registration requirement? [14] 73 P.S. [6]*389 Contrawise, appellee asserts that the sale of the real estate is not within the purview of the UTPCPL. 232, 237, 426 A.2d 712, 717 (1981); Commonwealth v. Kane, 33 Pa.Commw. Co. v. Greenspan, 360 Pa. 542, 63 A.2d 72 (1949). with 15 U.S.C. 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 it is rare that the court awards an amount over the actual damages sustained, the threat of this occurring will often help to resolve the case outside of court, as businesses don't want to risk this ruling. v. In addition, the Act at Section 517.7 requires that in order for a home improvement contract to be valid and enforceable against the owner of residential real estate, that contract must be in the form of a signed writing bearing the contractors registration number. tit. However, if you do more than $5,000 worth of 'home improvement' work per year, you must register with the Attorney General's Office. [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. In addition, in applying for such registration, the applicant must state whether the individuals making the application, even if applying as part of a larger business entity, have ever been convicted of any criminal offense related to a home improvement transaction, fraud, theft, a crime of deception or any crime involving fraudulent business practices, as well as a statement of whether the applicant has ever filed a petition of bankruptcy or, within the last ten years had a final civil judgment entered against the applicant or business in which the applicant held an interest that was related to a home improvement transaction. 374, 477 A.2d 491 (1984) (Public Adjuster Law); Pennsylvania Bankers Ass'n. mike vernon royal household; are there snakes in gran canaria; shooting in laurel, md yesterday. We agree, but base our conclusion on the more solid ground of the UTPCPL itself. [20] Violations of several other statutes also constitute violations of the UTPCPL. Retail businesses are not required to register unless the retailer offers or performs home improvements, which includes performing installations themselves or subcontracting installation work to others who will perform the services. Do subcontractors who are paid directly by a general contractor and who never enter into contracts with consumers need to register? Under the Home Improvement Consumer Protection Act, every contract for home improvements needs to be written, legible and signed by the consumer and the contractor (or their representatives). Discuss and negotiate between the consumer and contractor for incremental payments as work progresses, with a final payment upon completion. . 201-2(4)(viii). 73 P.S. shall be liable to a civil action by any person doing business in the locality falsely indicated as that of origin or in the region which said locality is situated, or by any person who believes that he is or is likely to be damaged by the use of such false description or representation. [17] Id. Do building superintendents or the maintenance staff for apartment buildings, condominiums, or community associations need to register? Id. The broad construction mandated by the core concerns of the legislature in enacting the UPTCPL allowed our Supreme Court in Commonwealth v. Monumental Properties, supra, to hold that the leasing of residential real *390 estate was within the purview of the statute's intendment. [22] We are unable, therefore, to characterize all the multifarious claims that may be brought under the UTPCPL as "fraud" or "deceit." and are discussed and interpreted by Pennsylvania courts. 4. 800 East High StreetP.O. All our Thanks and Sincerity", "Dealing with Lou Schwartz has been a seamless experience. The Pennsylvania Home Improvement Consumer Protection Act provides Pennsylvania residents with a wide range of protections, many of which pertain to agreements between contractors and homeowners. any home improvement without first registering with the bureau, as provided for in this act. 5522-5527. It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. 1051 et seq. 5525(8) (four year limitation); 13 P.C.S. for those of another"). You can explore additional available newsletters here. 2608, the four-year limitations period of the UCC is applicable. See 73 P.S. & Com.Code Ann. 42 P.C.S. 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