. Please click here to contact us. The timely appeal of this important question followed. 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. What is the toll-free telephone number for the Bureau of Consumer Protection that needs to be included in home improvement contracts? Consequently, the impact of unfair or deceptive practices is greatest in this type of transaction. This law firm website and legal marketing are managed by MileMark Media. 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, The law says that registration numbers must be included in all advertisements, contracts, estimates and proposals - how do I display my number? 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: with 15 U.S.C. 1979) (Pennsylvania Motor Vehicle Sales Finance Act); Pekular v. Eich, 355 Pa.Super. 6-13.1-1; S.C.Code Ann. Corp. v. Commonwealth, 44 Pa.Commw. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. . (vi) and (vii) (marketing of altered or inferior goods); id. The act also requires all contracts for home improvements of more than $500 to be in writing and be signed by the consumer and the contractor. This site is protected by reCAPTCHA and the Google. . On July 1, 2009, a new consumer protection law goes into effect. As the Supreme Court of Pennsylvania has observed: [T]his Law attempts to place on more equal terms seller and consumer [and is] predicated on a legislative recognition of the unequal bargaining power of opposing forces in the marketplace. of the goods of one vendor . (2) A waiver of Federal, State or local health, life, safety or building code requirements. [19] Id. [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." In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. Id. 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 statute of limitations may be held in abeyance or tolled by the incapacity of one of the parties. 417, 404 A.2d 720 (1979) (Usury Statute). 2608, the four-year limitations period of the UCC is applicable. 42 P.C.S. 75-1.1 et seq. The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. 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. Contractors with questions about the law can call or email: Pennsylvania Office of Attorney General Strawberry Square . 5524(7). are hereby declared unlawful.") for those of another"). See Zerpol Corp. v. DMP Corp., 561 F. Supp. tit. The essence of appellants' assertions were that the existence of the defects constituted a breach of the agreement of sale and that appellee falsely represented the quality of the premises and failed to disclose the existence of the defects. [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. In order to avoid confusion, the Act requires that the amount of the down payment and the cost of special order materials be listed separately. 5, 213; Md.Com.Law Code Ann. . Yes. You and your office staff are the "Creme de la Creme" of legal knowledge. 1409, No. A home improvement contract can be voided by the homeowner if it fails to contain required terms, or if it contains prohibited terms. 6, 2511; Ga.Code Ann. as being based on the Federal Trade Commission Act"); Commonwealth v. Flick, 33 Pa.Commw. Does the law apply to out-of-state contractors? 5527(6) (emphasis added). 618 (E.D.Pa. 201-2(4)(i) (passing off goods or services as those of another) See Bisceglia Bros. Corp. v. Fruit Industries, 20 F. Supp. at 8 (quoting a transmittal memorandum from the attorney general). 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. 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. 201-2(4)(viii). If you continue to experience difficulties using our search function, please call 1-888-520-6680. 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." The operative provision of the Unfair Trade Practices and Consumer Protection Law provides: "Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . 517.1 et. shaka wear graphic tees is candy digital publicly traded ellen lawson wife of ted lawson pennsylvania cash consumer protection act. 201-3 (emphasis added). 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. For instance, it is not uncommon for contractors to include clauses that mandate arbitration in the event of a dispute. 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. The law does not require contractors to show copies of their registration. 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. Act 2008-132 (S.B. Because we hold that the UTPCPL is governed by a six-year statute of limitations and in order to eliminate the aimless searching for various time limits within which to bring actions into UTPCPL, we find that the trial court abused its discretion in denying appellants' petition to amend their complaint on the basis that a claim pursuant to the UTPCPL was untimely. . 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. 201-2(4)(v) (deceptive marketing of goods, services or business); id. The statute of limitations for filing a lawsuit in Pennsylvania for unpaid unsecured debt is four years. Get free summaries of new Supreme Court of Pennsylvania opinions delivered to your inbox! 459 Pa. at 467-70, 329 A.2d at 820-23 (citations omitted). As such, the Court adopted North Carolina's three-year "catchall" statute of limitations, adding "that where there is doubt as to which statute of limitations should apply, the longer statute should be chosen." If a contractor has an ad for their business on their vehicle, the ad must include their registration number. Our attorneys at Wolf, Baldwin & Associates are able to answer your questions regarding these matters. Consumersare able to call this number to check whether a contractor is registered with the Office of Attorney General. N.C.Gen.Stat. Any contractor who offers or performs home improvements in Pennsylvania must comply with the law. 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. Is new home building included in the law? 201-2(3) (emphasis added). II, 201, 42 P.C.S. 232, 237, 426 A.2d 712, 717 (1981); Commonwealth v. Kane, 33 Pa.Commw. 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. The contract must set forth the entire agreement, including, among other things, the approximate start date and completion date, a complete description of the work to be performed, the total sales price due under the contract, and the amount of any down payment required plus any amount to be advanced for the purchase of special order materials. 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. (i) The contractor shall provide an initial cost estimate in writing to the owner before any performance of the home improvement commences. Residential real estate is almost always a consumer's largest single purchase. The Arizona Supreme Court affirmed. 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. 282, 286, 507 A.2d 1230, 1232 (1986) (citations omitted). Sign up for our free summaries and get the latest delivered directly to you. A description of the work to be performed; The approximate start and completion dates for the project; Any specifications that cannot be changed in the absence of a written change order that is signed by both parties; The total sales price due upon completion of the job; and. 326, 1982 Pa.Laws 1409, 1440. What should I do if my information changes after I register? (xiv). (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. 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. Any changes should be reported to the Bureau, including, but not limited to, changes in: The number is 1-888-520-6680. In addition, section 1961 of the Pennsylvania Automobile Lemon Law, 73 P.S. How should I list the Bureau of Consumer Protection's phone number in my contracts? Id., 459 Pa. at 460, 329 A.2d at 816 (footnote omitted). 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." Yes. 1982); Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535 (Tex. After registering, a home improvement contractor registration certificate will be issued to the contractor. Yet other types of actions, such as actions under Pennsylvania's Unfair Trade Practice and Consumer Protection Law, have a six-year statute of limitations. 201-2(4)(viii). [7] Compare 73 P.S. . 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. Pennsylvania's statutes of limitation are actual statutes located at 42 Pa.C.S.A. (emphasis added). Home improvement contractor registrations are valid for two years, and must be renewed biennially. 260, 1, 73 P.S. "Trade" and "commerce" are defined by section 201-2(3) to include "the advertising, offering for sale, sale or distribution of any . (iii) (confusion caused by misleading tradenames). 646.605; R.I.Gen.Laws Ann. The Home Improvement Consumer Protection Act (HICPA) was adopted by Pennsylvanias General Assembly in October, 2008, and signed by the Governor as Act 132 of 2008. Those filing under the UTPCPL can be awarded the amount of monetary damages presented or $100, whichever is greater. The term home improvement also includes construction, replacement, installation or improvement of driveways, swimming pools, porches, garage roofs, HVAC and solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, windows, awnings and waterproofing. 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. This action arose in connection with the purchase by appellants of the property from appellee. Landscapers whose work is limited to services performed under Pennsylvanias Plant Pest Act do not need to register. [15] Id. [11] 73 P.S. Stat. 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. Del Turco v. Peoples Home Savings Ass'n., 329 Pa.Super. The law allows for anyone who lost money or property due to businesses engaging in unjust practices to bring suit. 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. 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. See Saunders, The Pennsylvania Automobile Lemon Law Uncharted Terrain, 57 Pa.B.A.Q. It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. What information is required to register? Barr, supra, 520 A.2d at 490. Id. Do hardware stores or businesses that supply products and equipment used in home improvements need to register? The definition of home improvement fraud also includes misrepresenting or concealing a contractors identity while soliciting a person to enter into an agreement for home improvement services, damaging a persons property with the intent to induce, encourage or solicit a person to enter into a contract for home improvement services, misrepresenting an item as a special order material or misrepresenting the cost of any special order material, and directly or indirectly publishing a false or deceptive advertisement in violation of the Act. (D) A statement that the cost of the services to be performed under the time and materials provision shall not be increased over the initial cost estimate plus a 10% increase without a written change order signed by the owner and contractor. 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. [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. [20] A uniform statute of limitations for the UTPCPL is required to preclude such uncertainty and inconsistency. The toll-free phone number of the Home Improvement Contractor Consumer Helpline (1-888-520-6680) needs to be in there as well. 387, as amended 1976, Nov. 24, P.L. 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