Pennsylvania HB 1892: An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for definitions and for unlawful acts or practices and exclusions.

Bill Text

PRINTER'S NO. 2357
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1892
Session of
2025
INTRODUCED BY MARKOSEK, GUZMAN, HILL-EVANS, SANCHEZ, PROBST,
DONAHUE, HADDOCK, MAYES, HARKINS, CEPEDA-FREYTIZ, INGLIS AND
D. WILLIAMS, SEPTEMBER 29, 2025
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, SEPTEMBER 29, 2025
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," further providing for definitions and for
unlawful acts or practices and exclusions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(4)(xxi) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, is amended and the clause is amended
by adding a subclause to read:
Section 2. Definitions.--As used in this act.
* * *
(4) "Unfair methods of competition" and "unfair or deceptive
acts or practices" mean any one or more of the following:
* * *
(xxi) Increasing the posted price per gallon for a grade of
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gasoline sold at retail at a retail location during the period
between deliveries of that grade to that location, except that a
retail gasoline dealer may decrease the posted price at any
time. A change in posted price under this subclause shall be
determined separately for each grade of gasoline and each
payment method at each retail location. Nothing in this
subclause shall be construed to prohibit a change in posted
price that solely reflects a change in a Federal, State or local
tax or fee imposed on gasoline or corrects a bona fide clerical
or mathematical error documented in the dealer's records. As
used in this subclause:
(A) " Delivery " means transfer of gasoline by a supplier,
wholesaler or distributor into storage tanks at the retail
location, as evidenced by a bill of lading, delivery ticket or
similar record.
(B) " Gasoline " means motor gasoline suitable for use in
spark-ignition engines.
(C) " Grade " means a grade of gasoline distinguishable by
octane rating or formulation offered for sale at the retail
location.
(D) " Posted price " means the per-gallon price displayed or
otherwise made available to consumers at the point of sale for a
specified grade and payment method.
(E) " Retail gasoline dealer " means a person that sells
gasoline to consumers for use in motor vehicles at a fixed
retail location.
[(xxi)] (xxii) Engaging in any other fraudulent or deceptive
conduct which creates a likelihood of confusion or of
misunderstanding.
* * *
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Section 2. Section 3(a) of the act is amended to read:
Section 3. Unlawful Acts or Practices; Exclusions.--(a)
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)] (xxii) 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 employe of any radio
or television station, or to any owner, publisher, printer,
agent or employe of an Internet service provider or 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.
* * *
Section 3. This act shall take effect in 60 days.
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