Id. To learn more about the legal remedies available to you under the Pennsylvania Home Improvement Consumer Protection Act, please contact an experienced Philadelphia home contractor fraud lawyer today. The failure to register is a violation of the law and unregistered contractors face legal action, including civil penalties of $1,000 or more. are hereby declared unlawful.") 201-2(4)(iv) (misdescriptive statements as to geographic origin) Compare id. Finally, the Act sets forth a number of prohibited acts which, though not necessarily constituting crimes, can result in the imposition of civil liability. 1982); Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535 (Tex. Many attorneys that are filing suit for breach of contract or misrepresentation will also include charges under the Catchall clause in the UTPCPL. [21] Until 1983, fraud actions were subject to a six-year statute of limitations. Appellants are individuals and owners of residential property located at 5714 Marshall Street in Philadelphia. Five years pass, and the lender wants to collect his money. Connecticut. II, 201, 42 P.C.S. Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services. 1983) (disparagement action "protects economic interests by providing a remedy to one who suffers pecuniary loss from slurs affecting the marketability of his goods"). If these individuals/businesses perform home improvements including, but not limited to, repairs, replacements, remodeling, installations, alterations, or improvements on private residences, these individuals/businesses are considered contractors under the law and must register and comply with the act. Landscapers whose work is limited to services performed under Pennsylvanias Plant Pest Act do not need to register. 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. Since unfair or deceptive acts or practices in the sale of real property are expressly declared unlawful, there is no merit to appellee's assertion to the contrary. [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. 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. This includes victims of unfair or deceptive practices by insurance companies, car dealerships, or companies that had false advertising. 93A, 1(b) & 9(1); Mich.Stat.Ann. [3] Id. 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. Limitation periods range from six months 201-2(4)(v) (deceptive marketing of goods, services or business); id. We are experienced in handling a variety of Consumer Protection cases. 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. 73 P.S. Get free summaries of new Supreme Court of Pennsylvania opinions delivered to your inbox! [11] 73 P.S. *384 Joseph C. Cascarelli, Philadelphia, for appellants. For instance, if you were assigned PA000372, you may list your number that way, or simply use PA372. The statute of limitations for filing a lawsuit in Pennsylvania for unpaid unsecured debt is four years. (xvii) (miscellaneous fraudulent practices). 445.902; Miss.Code Ann. . The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. 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. (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. What is the Home Improvement Consumer Protection Act? If a home improvement contract contains any of the following clauses, the home improvement contract shall be voidable by the owner: (1) A hold harmless clause. seq., is replete with numerous definitions, requirements, prohibitions and penalties. For example, contractors are not permitted to waive federal, state, or local health, safety, or building code requirements. What are the limits on down payments or deposits? 717-787-3391. 45(a)(1). 2608, the four-year limitations period of the UCC is applicable. Pennsylvania's statutes of limitation are actual statutes located at 42 Pa.C.S.A. 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. 2313 (express warranty), 2314 (implied warranty of merchantability), 2315 (implied warranty of fitness for a particular purpose). Do contractors need to display their registration number on their vehicles? Only the first 5 bills are included here. The law allows for anyone who lost money or property due to businesses engaging in unjust practices to bring suit. 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 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. 106-1202(c); Idaho Code Ann. 13-101 & 102; Mass.Code Ann. 1986), held that the six-year "catchall" statute of limitations was applicable. 6 years for contracts3 years for torts2 years for negligence. 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. Awards may also include things such as reimbursement of court and attorney fees. and the Lantram Trademark Act were models for Pennsylvania's (UTPCPL)"). 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. 121 1/2, 261; Iowa Code Ann. (emphasis added). . statute and other law Strong The statute does not contain any restrictions on class actions. You can explore additional available newsletters here. The bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. 6-13.1-1; S.C.Code Ann. This agency investigates consumer complaints and litigates those with merit. 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. Section 517.4 - Procedures for registration as a contractor. See Pa.Senate Leg.J., June 28, 1976, at 1798 (Sen. Zemprelli) ("deals with a matter which . 42 P.C.S. 25 Feb/23. 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). [23] "When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit." 449, 257 S.E.2d 63 (1979); Sherrod v. Holzshuh, 274 Or. 1-54(2). Statutes of limitations (time limits for filing your complaint) for civil lawsuits in Pennsylvania, including personal injury; false imprisonment; defamation; fraud; damage to personal property; professional malpractice; and trespassing. Statute coverage a. at 625. Only the first 5 bills are included here. 15, 752; Or.Rev.Stat. . Does the law contain a "grandfather" clause for businesses that have been doing work for a long time or do they still need to register? The term home improvement is broadly defined to include most repair, replacement, remodeling, demolition, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation and sandblasting work done in connection with land or a portion of land adjacent to a private residence, so long as the total cash price of all work agreed upon between the contractor and owner is more than $500.00. The court drew an analogy between common law libel and the plaintiff's disparagement claim pursuant to the UTPCPL, concluding: The analysis employed by both the federal district court in Merv Swing and by the lower court in the case at bar in *394 selecting a statute of limitations for the UTPCPL involved application of the most closely analogous limitations period. Id., 459 Pa. at 460, 329 A.2d at 816 (footnote omitted). If you were misled or defrauded by a home contractor, you could be entitled to compensation for your losses. . I was pleased with the results and would highly recommend his service to anyone seeking consumer help. 260, 1, 73 P.S. *397 In Holley v. Coggin Pontiac, Inc., 43 N.C.App. Do building superintendents or the maintenance staff for apartment buildings, condominiums, or community associations need to register? 800 East High StreetP.O. Click here to Register, Re-register, or Update, Send Drug and Child Predator Anonymous Tips, Community Drug Abuse Prevention Grant Program, ACRE Agriculture, Communities and Rural Environment, Pennsylvania State Coroners Education Board, Voters Rights in Effect at the Polling Places on Election Days. The first major restriction of the Act is set out at Section 517.3, which provides that no person shall hold themself out as a contractor, nor shall a person perform any home improvement without first registering with the Bureau of Consumer Protection of the Office of the Pennsylvania Attorney General. Home improvement fraud is defined to include a number of related offenses, including the making of false or misleading statements to induce, encourage or solicit one to enter into a written or oral agreement for home improvement services, receiving advance payments for performing home improvement services and failing to perform or provide those services or materials when specified in the contract, with exceptions for force majeure or unforeseen labor strikes. 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. The amendment also requires additional written disclosures about the cost of time and materials contracts in the form of a written initial cost estimate and within the actual home improvement contract. 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. 59-1601; Nev.Rev.Stat.Ann. :The Act applies to condominiums created after the Act's effective date (120 days from July 2, 1980). In Anderson v. Kessler, 32 D. & C.3d 623 (Allegh. 201-2(4)(viii). 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. 34-5-10; Tex.Bus. We find further support for our determination in the decisions of the courts of other states which have concluded likewise. 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. 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." Id. 517.1, et seq. The Court of Common Pleas for Philadelphia County denied appellants' petition by order of September 15, 1986 on the *386 grounds that the statute of limitations which governs private civil actions under the UTPCPL had run. 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, 30, 36 (1986). 1961, expressly provides "[a] violation of this act shall also be a violation of the [UTPCPL]." Accordingly, the order of the *399 trial court is reversed and permission to amend the complaint is granted. Is there an exemption for work performed by or on behalf of a charity or a non-profit corporation? 387, as amended 1976, Nov. 24, P.L. An Act providing for cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of . Do you receive unwanted calls? The toll-free phone number of the Home Improvement Contractor Consumer Helpline (1-888-520-6680) needs to be in there as well. Finding next that the purpose of the Unfair Trade Practices Statute were both remedial and penal, the Court emphasized: Id. Many homeowners dont know, however, that contractors are also prohibited from using deceptive or unfair practices in their dealings with homeowners by state law. PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 201-1. Stat. Are there additional requirements in the act besides the registration requirement? Compare 73 P.S. 2725(a) (U.C.C. Consumer Protection Bureau of the Pennsylvania Attorney General's office, Pennsylvania Annual Report for Foreign Corporations. 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. 2019 - 2023 ConsumerLawPA, Attorneys at Law. 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