Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 201-3 - 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) 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.(b) The provisions of this act may not be construed to prohibit a plan or operation, or to define a plan or operation as a Pyramid Promotional Scheme, if the participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services or intangible property for personal use, consumption or resale if the plan or operation does not cause inventory loading, and the plan or operation implements a bona fide inventory repurchase program.(1) A person must clearly describe a bona fide inventory repurchase program in its recruiting literature, sales manual or contracts with independent salespersons. The recruiting literature, sales manual or contract must disclose any inventory that is not eligible for repurchase under the program.(2) A bona fide inventory repurchase program is not required to apply to inventory that is no longer within the inventory's commercially reasonable use or shelf life period or has been used or opened.(c) Before a salesperson of the entity purchases any inventory, the entity must clearly describe the inventory that is excluded from the entity's bona fide inventory repurchase program as seasonal, discontinued or special promotion products and the inventory that is not subject to the entity's bona fide inventory repurchase program. Amended by P.L. TBD 2020 No. 123, § 2, eff. 11/25/2020.1968, Dec. 17, P.L. 1224, No. 387, § 3. Reenacted and amended 1976, Nov. 24, P.L. 1166, No. 260, § 1, imd. effective. Amended 1996, Dec. 4, P.L. 906, No. 146, § 1, effective in 60 days; 2006, Nov. 29, P.L. 1624, No. 185, §2, effective in 60 days [ 1/29/2007].