37 Pa. Code 307 app B

Current through Register Vol. 54, No. 24, June 15, 2024
Appendix B - TEST OF READABILITY

The TEST OF READABILITY is a checklist based on section 5 of the PLA (73 P. S. § 2205). A checkmark indicates the contract cannot be preapproved under the Plain Language Consumer Contract Act. On the document you submitted, examples indicating where these problems occur are listed by number.

LANGUAGE GUIDELINES

____1a.Does not use short words.
____b.Does not use short sentences. Guide: Sentence average 25 words or less.
____c.Does not use short paragraphs. Guide: Paragraph average 60 words.
____2.Does not use active verbs.
____3.Uses technical legal terms other than commonly understood legal terms.
____4a.Does not use familiar vocabulary.
____b.Uses Latin and foreign words or other words which require reliance upon an obsolete meaning.
____c.Does not rephrase legal jargon and redundant words in simple language.
____5.Does not define words by using commonly understood meanings.
____6a.Does not use personal pronouns, the actual or shortened names of the parties, the terms "seller" and "buyer" or the terms "lender" and "borrower."
____b.Does not use names or pronouns consistently.
____7.Does not use sentences that contain only one condition.
____8.Does not limit cross references to brief and clear description of item to which cross reference is made.
____9a.Uses sentences with double negatives.
____b.Uses exceptions to exceptions.
VISUAL GUIDELINES
____10a.Does not use easy to read type size.
____b.Does not use line length that makes the contract easy to read.
____c.Does not use column width that makes the contract easy to read.
____d.Does not use margins that make the contract easy to read.
____e.Does not use adequate space between lines.
____f.Does not use adequate space between paragraphs.
____11.Does not use boldface type for caption sections and subsections.
____12.Does not use ink that provides a sharp contrast with the paper.
CONSUMER RESTRICTIONS
____13.Does not contain a general description of property that may be taken or affected because of a security interest or contract if consumer fails to meet terms of contract.
____14.Does not contain contract waivers of a consumer's rights in residential leases.
____15.Statement of consumer restrictions does not appear immediately following Truth in Lending Act disclosures made on the contract.

37 Pa. Code 307 app B