201-9.2 PENNSYLVANIA UNFAIR TRADE PRACTICES AND

73 P.S. §§201-1 - 201-9.2

PENNSYLVANIA UNFAIR TRADE PRACTICES

AND CONSUMER PROTECTION LAW

§201-1. Short title

This act shall be known and may be cited as the “Unfair Trade Practices and

Consumer Protection Law.”

§201-2. Definitions

As used in this act.

(1) “Documentary material” means the original or a copy of any book, record,

report, memorandum, paper, communication, tabulation, map, chart,

photograph, mechanical transcription or other tangible document or

recording, wherever situate.

(2) “Person” means natural persons, corporations, trusts, partnerships,

incorporated or unincorporated associations, and any other legal entities.

(3) “Trade” and “Commerce” mean the advertising, offering for sale, sale or

distribution of any services and any property, tangible or intangible, real,

personal or mixed, and any other article, commodity, or thing of value

wherever situate, and includes any trade or commerce directly or indirectly

affecting the people of this Commonwealth.

(4) “Unfair methods of competition” and “unfair or deceptive acts or practices”

mean any one or more of the following:

(i) Passing off goods or services as those of another;

(ii) Causing likelihood of confusion or of misunderstanding as to

the source, sponsorship, approval or certification of goods or

services;

(iii) Causing likelihood of confusion or of misunderstanding as to

affiliation, connection or association with, or certification by,

another;

(iv) Using deceptive representations or designations of

geographic origin in connection with goods or services;

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(v) Representing that goods or services have sponsorship,

approval, characteristics, ingredients, uses, benefits or

quantities that they do not have or that a person has a

sponsorship, approval, status, affiliation, or connection that

he does not have;

(vi) Representing that goods are original or new if they are

deteriorated, altered, reconditioned, reclaimed, used or

secondhand;

(vii) Representing that goods or services are of a particular

standard, quality or grade, or that goods are of a particular

style or model, if they are of another;

(viii) Disparaging the goods, services or business of another by

false or misleading representation of fact;

(ix) Advertising goods or services with intent not to sell them as

advertised;

(x) Advertising goods or services with intent not to supply

reasonably expectable public demand, unless the

advertisement discloses a limitation of quantity;

(xi) Making false or misleading statements of fact concerning the

reasons for, existence of, or amounts of price reductions;

(xii) Promising or offering prior to time of sale to pay, credit or

allow to any buyer, any compensation or reward for the

procurement of a contract for purchase of goods or services

with another or others, or for the referral of the name or

names of another or others for the purpose of attempting to

procure or procuring such a contract of purchase with such

other person or persons when such payment, credit,

compensation or reward is contingent upon the occurrence

of an event subsequent to the time of the signing of a

contract to purchase;

(xiii) Promoting or engaging in any plan by which goods or

services are sold to a person for a consideration and upon

the further consideration that the purchaser secure or

attempt to secure one or more persons likewise to join the

said plan; each purchaser to be given the right to secure

money, goods or services depending upon the number of

persons joining the plan. In addition, promoting or engaging

in any plan, commonly known as or similar to the so-called

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“Chain-Letter Plan” or “Pyramid Club.” The terms “Chain-

Letter Plan” or “Pyramid Club” mean any scheme for the

disposal or distribution of property, services or anything of

value whereby a participant pays valuable consideration, in

whole or in part, for an opportunity to receive compensation

for introducing or attempting to introduce one or more

additional persons to participate in the scheme or for the

opportunity to receive compensation when a person

introduced by the participant introduces a new participant.

As used in this subclause the term “consideration” means an

investment of cash or the purchase of goods, other property,

training or services, but does not include payments made for

sales demonstration equipment and materials for use in

making sales and not for resale furnished at no profit to any

person in the program or to the company or corporation, nor

does the term apply to a minimal initial payment of twenty-

five dollars ($25) or less;

(xiv) Failing to comply with the terms of any written guarantee or

warranty given to the buyer at, prior to or after a contract for

the purchase of goods or services is made;

(xv) Knowingly misrepresenting that services, replacements or

repairs are needed if they are not needed;

(xvi) Making repairs, improvements or replacements on tangible,

real or personal property, of a nature or quality inferior to or

below the standard of that agreed to in writing;

(xvii) Making solicitations for sales of goods or services over the

telephone without first clearly, affirmatively and expressly

stating:

(A) the identity of the seller;

(B) that the purpose of the call is to sell goods or

services;

(D) that no purchase or payment is necessary to be able

to win a prize or participate in a prize promotion if a

prize promotion is offered. This disclosure must be

made before or in conjunction with the description of

the prize to the person called. If requested by that

person, the telemarketer must disclose the no-

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purchase/no-payment entry method for the prize

promotion;

(xviii) Using a contract, form or any other document related to a

consumer transaction which contains a confessed judgment

clause that waives the consumer’s right to assert a legal

defense to an action;

(xix) Soliciting any order for the sale of goods to be ordered by

the buyer through the mails or by telephone unless, at the

time of the solicitation, the seller has a reasonable basis to

expect that it will be able to ship any ordered merchandise to

the buyer:

(A) within that time clearly and conspicuously

stated in any such solicitation; or

(B) if no time is clearly and conspicuously stated,

within thirty days after receipt of a properly

completed order from the buyer, provided,

however, where, at the time the merchandise is

ordered, the buyer applies to the seller for

credit to pay for the merchandise in whole or in

part, the seller shall have fifty days, rather than

thirty days, to perform the actions required by

this subclause;

(xx) Failing to inform the purchaser of a new motor vehicle

offered for sale at retail by a motor vehicle dealer of the

following:

(A) that any rustproofing of the new motor vehicle

offered by the motor vehicle dealer is optional;

(B) that the new motor vehicle has been

rustproofed by the manufacturer and the nature

and extent, if any, of the manufacturer’s

warranty which is applicable to that

rustproofing;

The requirements of this subclause shall not be applicable

and a motor vehicle dealer shall have no duty to inform if the

motor vehicle dealer rustproofed a new motor vehicle before

offering it for sale to that purchaser, provided that the dealer

shall inform the purchaser whenever dealer rustproofing has

an effect on any manufacturer’s warranty applicable to the

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vehicle. This subclause shall not apply to any new motor

vehicle which has been rustproofed by a motor vehicle

dealer prior to the effective date of this subclause.

(xxi) Engaging in any other fraudulent or deceptive conduct which

creates a likelihood of confusion or of misunderstanding.

§201-3. Unlawful acts or practices: exclusions

Unfair methods of competition and unfair or deceptive acts or practices in the

conduct of any trade or commerce as defined by subclauses (i) through (xxi) of

clause (4) of section 2 of this act and regulations promulgated under section 3.1

of this act are hereby declared unlawful. The provisions of this act shall not apply

to any owner, agent or employee of any radio or television station, or to any

owner, publisher, printer, agent or employee of a newspaper or other publication,

periodical or circular, who, in good faith and without knowledge of the falsity or

deceptive character thereof, publishes, causes to be published or takes part in

the publication of such advertisement.

§201-3.1. Regulations

The Attorney General may adopt, after public hearing, such rules and regulations

as may be necessary for the enforcement and administration of this act. Such

rules and regulations when promulgated pursuant to the act of July 31, 1968

(P.L. 769, No. 240), known as the “Commonwealth Document Law,” shall have

the force and effect of law.

§201-4. Restraining prohibited acts

Whenever the Attorney General or a District Attorney has reason to believe that

any person is using or is about to use any method, act or practice declared by

section 3 of this act to be unlawful, and that proceedings would be in the public

interest, he may bring an action in the name of the Commonwealth against such

person to restrain by temporary or permanent injunction the use of such method,

act or practice.

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§201-4.1. Payment of costs and restitution

Whenever any court issues a permanent injunction to restrain and prevent

violations of this act as authorized in section 4 above, the court may in its

discretion direct that the defendant or defendants restore to any person in

interest any moneys or property, real or personal, which may have been acquired

by means of any violation of this act, under terms and conditions to be

established by the court.

§201-5. Assurance of voluntary compliance

In the administration of this act, the Attorney General may accept an assurance

of voluntary compliance with respect to any method, act or practice deemed to be

violative of the act from any person who has engaged or was about to engage in

such method, act or practice. Such assurance may include a stipulation for

voluntary payment by the alleged violator providing for the restitution by the

alleged violator to consumers, of money, property or other things received from

them in connection with a violation of this act. Any such assurance shall be in

writing and be filed with the court. Such assurance of voluntary compliance shall

not be considered an admission of violation for any purpose. Matters thus closed

may at any time be reopened by the Attorney General for further proceedings in

the public interest pursuant to section 4.

§201-6. Deleted by amendment. 1976. Nov. 24 P.L. 1166. NO. 260, §1, imd.

effective

§201-7. 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, that consumer may avoid the contract or 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 sales presentation, and also in English,

and which shows the date of the transaction and contains the name

and address of the seller, and in immediate proximity to the space

reserved in the contract for the signature of the buyer or on the

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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

(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 canceled.

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, to (name of seller), at (address of seller’s place of

business) not later than midnight of (date).

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I hereby cancel this transaction.

(Date)

Buyer’s Signature

copies shall be completed by entering the name of the seller, the address

of the seller’s place of business, the date of the transaction, and the date,

not earlier than the third business day following the date of the transaction,

by which the buyer may give notice of cancellation.

(d) Each buyer shall be informed at the time he signs the contract or

purchases the goods or services, of his right to cancel.

(e) The cancellation period provided for in this section shall not begin to run

until buyer has been informed of his right to cancel and has been provided

with copies of the “Notice of Cancellation.”

(f) Seller shall not misrepresent in any manner the buyer’s right to cancel.

(g) Any valid notice of cancellation by a buyer shall be honored and within ten

business days after the receipt of such notice, sellers shall (i) refund all

payments made under the contract or sale; (ii) return any goods or

property traded in, in substantially as good condition as when received by

the seller; (iii) cancel and return any negotiable instrument executed by

the buyer in connection with the contract or sale and take any action

necessary or appropriate to terminate promptly any security interest

created in the transaction.

(h) No note or other evidence of indebtedness shall be negotiated,

transferred, sold or assigned by the seller to a finance company or other

third party prior to midnight of the fifth business day following the day the

contract was signed or the goods or services were purchased.

(i) Seller, shall, within ten business days of receipt of the buyer’s notice of

cancellation, notify him whether the seller intends to repossess or to

abandon any shipped or delivered goods. If seller elects to repossess, he

must so within twenty days of the date of buyer’s notice of cancellation or

forfeit all rights to the delivered goods.

(j.1) (1) Rights afforded under this section may be waived only through the

execution of an emergency authorization form:

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(i) where goods or services have a sale price of twenty-five

dollars ($25) or more;

(ii) are contracted to be sold to a buyer as a result of, or in

connection with, a contact made by the buyer to the seller;

and

(iii) the goods or services contracted for are needed to remedy a

bona fide emergency on the buyer’s residential real property.

Nothing in this subsection shall prohibit a seller contacted by

a buyer as a result of a bona fide emergency from taking any

immediate preliminary steps necessary to remedy a clear

and immediate danger that may cause death or serious

bodily injury to the buyer, the seller or other persons without

having to obtain the emergency authorization form.

(2) To obtain a waiver under this section, the seller must furnish the

buyer with an emergency work authorization form, as well as a

written estimate of the goods or the performance of services. This

authorization will allow the seller to immediately proceed with the

delivery of the goods or the performance of the services necessary

to remedy the bona fide emergency.

(3) The emergency work authorization form provided for in this section

shall be:

(i) on a preprinted card at least four inches by six inches in

size; and

(ii) the writing thereon must be in at least ten-point bold face

type in the following form:

Emergency Work Authorization

(Enter date of Transaction)

You, the buyer, having initiated the contract for the goods and services of

(enter the name of the seller), the seller, for the remediation of a bona fide

emergency hereby authorize the seller to immediately proceed with the

delivery of goods or the performance of services necessary to remedy the

bona fide emergency. By providing the seller with this authorization, you

agree to make full payment for the goods or services provided. You agree

not to exercise the rights afforded you by the Unfair Trade Practices and

Consumer Protection Law to cancel the contract within three business

days from the above date.

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You, the buyer, attest that the attached estimate is an accurate description

of the goods and services which will be provided by the seller for the

correction of the bona fide emergency:

_____________________

(date)

_____________________

(Buyer’s signature)

(j.2) Prior to the buyer signing the emergency authorization form, the seller

shall provide the buyer with a written estimate of the total cost of the

goods or services, including any fee for the service call. The estimate

shall be provided prior to the delivery of the goods or the performance of

the services necessary to remedy a bona fide emergency. If the cost of

the goods or services actually provided exceeds the estimate provided,

the seller must obtain further written authorization from the buyer to

perform the additional work or service. Nothing in this subsection shall be

construed to prohibit the seller from charging the buyer a fee for a service

call for the purpose of determining the cause of and the appropriate

remedy of the bona fide emergency, regardless of whether further goods

or services are provided. The seller shall immediately disclose to the

buyer whether a service call fee shall be charged upon initiation by the

buyer of a contract for goods or services for the remediation of a bona fide

emergency. The seller may also charge a fee for immediate preliminary

steps without having to obtain a written emergency authorization

(k) As used in this section, merchandise shall not be construed to mean real

property.

(l) The provisions of this section shall not apply to the sale or contract for the

sale of goods or services having a sale price of less than twenty-five

dollars ($25).

(l.1) This section shall not apply, however, to the sale of precious metals,

bonds or foreign currency when the value of the items can fluctuate daily.

(m) A “Notice of Cancellation” which contains the form and content required by

rule or regulation of the Federal Trade Commission shall be deemed to be

in compliance with the requirements of this section.

(n) As used in this section, “bona fide emergency” means any condition

existing on the buyer’s residential real property which renders, or has the

capability to render, the residential real property uninhabitable. The term

includes, but shall not be limited to, conditions significantly affecting the

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heating system, electrical system, plumbing system, ventilation system,

roof or outer walls of the residential real property.

(o) As used in this section, “immediate preliminary steps” means only those

steps necessary to eliminate a clear and immediate danger that may

cause death or serious bodily injury to the buyer, the seller or other

persons. The term includes, but shall not be limited to, termination of the

carrying of gas, oil or oil product, sewage or water through an

underground pipe or the carrying of electric or communication service

through an underground conductor, pipe or structure. The term shall not

be construed as including any other steps necessary to repair and remedy

the bona fide emergency.

§201-8 Civil penalties

(a) Any person who violates the terms of an injunction issued under section 4

of this act or any of the terms of an assurance of voluntary compliance

duly filed in court under section 5 of this act shall forfeit and pay to the

Commonwealth a civil penalty of not more than five thousand dollars

($5,000) for each violation. For the purposes of this section the court

issuing an injunction or in which an assurance of voluntary compliance is

filed shall retain jurisdiction, and the cause shall be continued; and, in

such cases, the Attorney General, or the appropriate District Attorney,

acting in the name of the Commonwealth of Pennsylvania, may petition for

recovery of civil penalties and any other equitable relief deemed needed

or proper.

(b) In any action brought under section 4 of this act, if the court finds that a

person, firm or corporation is willfully using or has willfully used a method,

act or practice declared unlawful by section 3 of this act, the Attorney

General or the appropriate District Attorney, acting in the name of the

Commonwealth of Pennsylvania, may recover, on behalf of the

Commonwealth of Pennsylvania, a civil penalty of not exceeding one

thousand dollars ($1000) per violation, which civil penalty shall be in

addition to other relief which may be granted under sections 4 and 4.1 of

this act. Where the victim of the willful use of a method, act or practice

declared unlawful by section 3 of this act is sixty years of age or older, the

civil penalty shall not exceed three thousand dollars ($3000) per violation,

which penalty shall be in addition to other relief which may be granted

under sections 2 and 4.1 of this act.

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§201-9 Forfeiture of franchise or right to do business; appointment of

receiver

Upon petition by the Attorney General, the court having jurisdiction, may, in its

discretion, order the dissolution, suspension or forfeiture of the franchise or right

to do business of any person, firm or corporation which violates the terms of an

injunction issued under section 4 of this act. In addition, the court may appoint a

receiver of the assets of the company.

§201-9.1. Powers of receiver

When a receiver is appointed by the court pursuant to this act, he shall have the

power to sue for, collect, receive and take into his possession all the goods and

chattels, rights and credits, moneys, and effects, lands and tenements, books,

records, documents, papers, choses in action, bills, notes and property of every

description of the person or persons for whom the receiver is appointed, received

by means of any practice declared to be illegal and prohibited by this act,

including property with which such property has been mingled if it cannot be

identified in kind because of such commingling, and to sell, convey, and assign

the same and hold and dispose of the proceeds thereof under the direction of the

court. Any person who has suffered damages as a result of the use or

employment of any unlawful practices and submits proof to the satisfaction of the

court that he has in fact been damaged, my participate with general creditors in

the distribution of assets to the extent he has sustained provable losses. The

court shall have jurisdiction of all questions arising in such proceedings and may

make such orders and judgments therein as may be required.

§201-9.2. Private actions

(a) Any person who purchases or leases goods or services primarily for

personal, family or household purposes and thereby suffers any

ascertainable loss of money or property, real or person, as a result of the

use or employment by any person of a method, act or practice declared

unlawful by section 3 of this act, may bring a private action to recover

actual damages or one hundred dollars ($100), whichever is greater. The

court may, in its discretion, award up to three times the actual damages

sustained, but not less than one hundred dollars ($100), and may provide

such additional relief as it deems necessary or proper. The court may

award to the plaintiff, in addition to other relief provided in this section,

costs and reasonable attorney fees.

(b) Any permanent injunction, judgment or order of the court made under

section 4 of this act shall be prima facie evidence in an action brought

under section 9.2 of this act that the defendant used or employed acts or

practices declared unlawful by section 3 of this act.

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§201-9.3. Dog Purchaser Protection

(a) (1) A seller shall provide a purchaser of a dog with a health record for a

dog at the time sale. In addition, the seller shall provide to the

purchaser a health certificate issued by a veterinarian within

twenty-one days prior to the date of sale for the dog or a guarantee

of good health issued and signed by the seller. The health record

supplied by the seller shall set for the following:

(i) The dog’s breed. If the breed is unknown or mixed, the

health record shall so indicate. If the dog is advertised or

represented as registerable, the name and address of the

pedigree registry organization where the dam and sire are

registered shall be indicated.

(ii) The dog’s date of birth. If the dog is not advertised as or

sold as purebred, registered or registerable, the date of birth

may be approximated, if not known by the seller.

(iii) The dog’s sex.

(iv) The dog’s color and markings.

(v) A list of all vaccinations, if known, administered to the dog,

the date and type of vaccinations and the name of the

person who administered them, if known, up to the date of

sale; a record of any known disease, illness or condition with

which the dog is or has been afflicted at the time of sale; and

a record of any veterinary treatment or medication received

by the dog while in possession of the seller to treat any

disease, illness or condition.

(vi) The date, dosage and type of any parasitical medicine, if

known, that was administered to the dog.

(vii) The name, address and signature of the seller, along with a

statement affirming all of the information provided in this

subsection is true to the best of the seller’s knowledge and

belief.

(2) (i) A health certificate issued by a veterinarian shall certify the

dog sold by the seller to be apparently free of any

contagious or infectious illness and apparently free from any

defect which is congenital or hereditary and diagnosable with

reasonable accuracy and does not appear to be clinically ill

from parasitic infestation at the time of the physical

examination. The health certificate shall include the name,

address and signature of the veterinarian and the date the

dog was examined.

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(ii) A guarantee of good health issued by the seller, and dated

and signed by the seller and the purchaser on the date of the

sale, warranting that the dog being sold is apparently free of

and does not exhibit any signs of any contagious or

infectious disease, is apparently free from and does not

exhibit any signs of any defect which is congenital or

hereditary; and does not exhibit any signs of being clinically

ill or exhibit any signs of a parasitic infestation on the date of

the sale.

The guarantee of good health shall clearly state in bold type:

This guarantee does not warrant that this dog has been

examined by a veterinarian. The Purchaser is encouraged to

have this dog examined by a veterinarian as soon after

purchase as is feasible.

The seller shall also verbally state these facts to the purchaser.

(b) If, within ten days after the date of purchase, a dog purchased from a

seller is determined through physical examination, diagnostic tests or

necropsy by a veterinarian, to be clinically ill or dies from any contagious

or infectious illness or any parasitic illness which renders it unfit for

purchase or results in its death, the purchaser may exercise one of the

following options:

(1) Return the dog to the seller for a complete refund of the purchase

price, not including the sales tax.

(2) Return the dog to the seller for a replacement dog of equal value, of

the purchaser’s choice, providing a replacement dog is available.

(3) Retain the dog and be entitled to receive reimbursement from the

seller for reasonable veterinary fees incurred in curing or attempting to

cure the affected dog, subject to the limitation that the seller’s liability

for reimbursement shall not exceed the purchase price, not including

sales tax, of the dog. This clause shall apply only if the purchaser’s

veterinarian determines the dog’s illness can be treated and corrected

by procedures that are appropriate and customary. The value of these

services is considered reasonable if comparable to the value of similar

services rendered by other licensed veterinarians in reasonable

proximity to the treating veterinarian. Reimbursement shall not include

the costs of the initial examination fee and diagnostic or treatment fees

not directly related to the veterinarian’s certification that the animal is

unfit for purchase pursuant to this section. If, however, the purchaser’s

veterinarian determines the dog’s illness is incurable, only the options

in clauses (1) and (2) of this subsection shall apply.

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For the purposes of this subsection, veterinary finding of intestinal and

external parasites shall not be grounds for declaring the dog unfit for

purchase unless the dog is clinically ill or dies due to that condition. A dog

shall not be found unfit for purchase on account of injury sustained or

illness most likely contracted subsequent to the date of sale. If, within

thirty days after the date of purchase, a dog purchased from a seller is

certified through physical examination, diagnostic tests or necropsy by a

veterinarian that the dog has, or died from a defect which is congenital or

hereditary and which adversely affects or affected the health of the animal,

the purchaser may exercise one of the options as provided in clauses (1),

(2) and (3) of this subsection. Remedies available under clauses (1), (2)

and (3) of this subsection shall also apply to replacement dogs.

death shall be necessary for a refund or replacement or to receive

reimbursement for veterinary costs if the dog is retained by the Purchaser

and treated for illness or congenital or hereditary defect as provided in this

section. The veterinarian’s certification shall be supplied at the

purchaser’s expense. The veterinarian’s certification shall state the

following information:

(1) The purchaser’s name and address.

(2) The date the dog was examined.

(3) The breed and age of the dog.

(4) (i) That the veterinarian examined the dog.

(ii) That the dog has or had an illness as described in

subsection (b) of this section, or a defect as described in

subsection (b) of this section, which renders it unfit for

purchase or which resulted in its death.

(iii) The precise findings of the examination, diagnostic tests or

necropsy.

(5) The treatment recommended, if any, and an estimate or the actual

cost of the treatment should the purchaser choose to retain the dog

and seek reimbursement for veterinary fees to cure or attempt to

cure the dog.

(6) The veterinarian’s name, address, telephone number and

signature.

Within two business days of a veterinary examination which certifies

illness, defect or death the purchaser shall notify the seller of the name,

address and telephone number of the examining veterinarian. Failure to

notify the seller or to carry out the recommended treatment prescribed by

the examining veterinarian who made the initial diagnosis until a remedy

as provided for in subsection (b) of this section is agreed upon shall result

in the purchaser’s forfeiture of rights under this section. Subsection (b) of

this section shall not apply where a seller who has provided a health

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certificate issued by a veterinarian, discloses in writing at the time of sale

the health problem for which the buyer later seeks to return the dog. Such

disclosures shall be signed by both the seller and the purchaser. Where

the seller has provided a guarantee of good health, subsection (b) of this

section shall apply regardless of whether the seller disclosed the health

problem at the time of sale.

(d) The refund or reimbursement required by this section shall be made by

the seller not later than fourteen days following receipt of the veterinarian’s

certification that the dog is unfit for purchase or has died from a condition

defined as unfit for purchase in this section. The certification shall be

presented to the seller not later than five days following receipt thereof by

the purchaser.

(e) In the event that the seller wishes to contest a demand for refund,

replacement or reimbursement made by purchaser pursuant to this

section, the seller shall have the right, within two business days of

notification by purchaser of a condition which renders the dog unfit for

purchase as required in subsection (b) of this section, to require the

purchaser to produce the dog for examination by a licensed veterinarian

designated by the seller. The veterinarian’s fee for this examination,

including any diagnostic test or necropsy shall be paid by the seller. If the

dog is incapable of being transported because of being hospitalized, the

purchaser’s attending veterinarian shall provide all relevant information

regarding the case as requested by the seller’s veterinarian. Unless the

dog is hospitalized, failure to produce the dog within two business days

from examination by the purchaser will nullify any obligation to replace,

refund or reimburse by the seller. Upon examination, if the purchaser and

the seller are unable to reach an agreement which constitutes one of the

options set forth in this section within fourteen days following receipt of the

dog for the examination, either party may initiate an action in a court of

competent jurisdiction.

(f) (1) Any seller who advertises or otherwise represents that a dog is

registered or registerable shall provide the purchaser of the dog

with the following information at the time of sale:

(i) The breeder’s name and address.

(ii) The name and registration number of the dam and sire of the

purchased dog’s litter.

(iii) The name and address of the pedigree registry organization

where the dam and sire are registered.

(2) All documentation necessary to effect the registration of the dog

shall be provided by the seller to the owner within one hundred

twenty days of the date of sale. The one hundred-twenty-day

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period may be extended by the seller if the dog is being imported

from outside the United States by notifying the purchaser in writing

of the reason for the extension and a reasonable estimate of the

arrival date of the registration documents.

(3) If the seller fails to provide this documentation within one hundred

twenty days of the date of sale or fails to notify the purchaser of an

extension under clause (2) of this subsection, the purchaser may

elect one of the following remedies:

(i) Return the dog and receive a full refund of the purchase

price, not including sales tax.

(ii) Retain the dog and receive a refund from the seller in an

amount equal to fifty per cent of the purchase price.

(4) The seller may withhold the dog’s registration application until the

purchaser supplies the seller with a signed veterinarian’s certificate

stating that the dog has been spayed or neutered, provided that

withholding of the application was agreed to in writing by the

purchaser at the time of sale. The seller shall provide the

registration application within ten days of receiving the

veterinarian’s certificate if the certificate is supplied beyond the

one-hundred-twenty-day period provided for in clause (2) of this

subsection.

(g) (1) A summary of the provisions of this section shall be conspicuously

posted in the place of business of persons subject to this section.

The Office of Attorney General shall promulgate regulations

specifying the contents of the summary which must be posted. In

addition, the posted notice shall state that the health record

information is available on request.

(2) At the time of the sale, the seller shall provide the purchaser with a

written notice setting forth the rights provided under this section.

The notice shall include the following statement:

This disclosure of rights is a summary of Pennsylvania Law. The

actual provisions of the law are in Section 9.3 of the Unfair Trade

Practices and Consumer Protection Law.

(h) (1) The Office of Attorney General shall enforce the provisions of this

section.

(2) In addition to any other penalty under this act, a civil penalty of up

to one thousand dollars ($1,000) on any current licensee shall be

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levied against any person who violates any provision of this section

or any person who conducts business under this section without

proper license to do so. A penalty shall be levied for each violation.

(3) A purchaser shall file a complaint pursuant to this section by

reporting it to the Bureau of Consumer Protection of the Office of

Attorney General.

(i) As used in this section:

“Seller” means a kennel, pet shop operator or other individual who sells

dogs to the public and who owns or operates a kennel or pet shop

licensed by the Pennsylvania Department of Agriculture or the United

State Department of Agriculture. The term shall not include nonprofit

kennels as defined under the Act of December 7, 1982 (P.L. 784, No.

225), known as the “Dog Law.”

“Unfit for Purchase” means any disease, deformity, injury, physical

condition, illness or any defect which is congenital or hereditary and which

severely affects the health of the animal or which was manifest, capable of

diagnosis or likely to have been contracted on or before the sale and the

delivery of the animal to the consumer.

“Veterinarian” means an individual licensed under the laws of this

Commonwealth or any other state to practice veterinary medicine and

surgery.