1033, 42 Pa.C.S.A. The bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. It is recommendedthat you carefully review theHome Improvement Consumer Protection Actand consult with a private attorney if you have any questions about the law or need legal advice. *398 Confronted by the same issue in Murry v. Western American Mortgage Co., 124 Ariz. 387, 604 P.2d 651 (1979), the Arizona Supreme Court applied that state's one-year "catchall" limitations period to the Arizona Consumer Fraud Act. For more detailed information regarding a registered contractor, please email us at hic@attorneygeneral.gov. [17] Id. . [15] Id. 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. This provision states: The following actions and proceedings must be commenced within two years: (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. 374, 477 A.2d 491 (1984) (Public Adjuster Law); Pennsylvania Bankers Ass'n. All rights reserved. Only the first 5 bills are included here. 2608, the four-year limitations period of the UCC is applicable. 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. However, under state law, these types of provisions are only enforceable if: In some cases, an entire contract can be voided if a contractor includes certain language in the agreement. of the goods of one vendor . as being based on the Federal Trade Commission Act"); Commonwealth v. Flick, 33 Pa.Commw. Any changes should be reported to the Bureau, including, but not limited to, changes in: The number is 1-888-520-6680. N.C.Gen.Stat. Attorney's use this law to demand justice against both real and perceived threats. If a contractor has an ad for their business on their vehicle, the ad must include their registration number. (quoting 51 Am.Jur.2d Limitations of Actions 63 (1970)). [7] Compare 73 P.S. C. Herbert O'HARA, Joseph F.X. :The Act applies to condominiums created after the Act's effective date (120 days from July 2, 1980). [7] 15 U.S.C. The district court held that the plaintiff's common law libel claim was time-barred by 42 P.C.S. 553, 559, 382 A.2d 762, 765 (1978). tit. 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. [u]pon a statute, for a penalty or forfeiture" was applicable. [11] 73 P.S. Our attorneys at Wolf, Baldwin & Associates are able to answer your questions regarding these matters. 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. Registration Requirement A home improvement contract can be voided by the homeowner if it fails to contain required terms, or if it contains prohibited terms. For example, contractors are not permitted to waive federal, state, or local health, safety, or building code requirements. However if an employees perform home improvements on private residential properties on their own, outside the scope of their employment, and that works totals $5,000 or more in a calendar year, then the employee must register as a contractor. The law does not require contractors to show copies of their registration. 45(a)(1) ("Unfair methods of competition in commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful."). Subsequently, on July 28, 1986, appellants filed a petition for leave to amend their complaint in order to include a claim for violation of the Unfair Trade Practices and Consumer Protection Law. The Court resting its holding on several bases, including the modern and traditional conceptions of leasing, held: Id. 1937) (defining passing off as "the sale . v. Commonwealth, 58 Pa.Commw. See American Oil Co. v. Norkus, 358 Pa. 407, 57 A.2d 868 (1948) (common law tradename infringement). This agency investigates consumer complaints and litigates those with merit. Registration does not imply endorsement.. What information is required to register? See Home Life Ins. If you need help with Pennsylvania unfair trade practices and consumer protection law, you can post your legal need on UpCounsel's marketplace. 689 (1975); Lovett, State Deceptive Trade Practice Legislation, 46 Tulane L.Rev. Fox Rothschild LLP Attorneys at Law. Unconvinced, the Court stated: Id. After registering, a home improvement contractor registration certificate will be issued to the contractor. 100). 44-1521; Colo.Rev.Stat.Ann. 20, P.L. Section 517.7 - Home improvement contracts. 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. The Act took effect on July 1, 2009. Get free summaries of new Supreme Court of Pennsylvania opinions delivered to your inbox! This new statute, however, contained no express limitation on actions for fraud and deceit. (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. In addition, search results will only display approved registrations. . Political subdivisions in Pennsylvania cannot separately license or register home improvement contractors after July 1, 2009, with the limited exception of licensing standards that are in effect on July 1, 2009, with respect to electricians, plumbers and other trades where licensing is conditioned on requirements of testing or possession of certificates obtained through specific training in electricity, plumbing or other trades. 75-24-3; Mo.Ann.Stat. 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. 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. Pennsylvania Secretary of State Business Search, Representation that the product or service has features or qualities that it does not actually have, Representing items as new if they are actually used. 517.1 et. What are the limits on down payments or deposits? Awards may also include things such as reimbursement of court and attorney fees. Please note that this exception is limited to emergencies meeting the criteria set forth in Section 201-7 of the Unfair Trade Practices and Consumer Protection Law and the contractor must obtain the emergency waiver required by the law in each case. (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. Id. Any contractor who offers or performs home improvements in Pennsylvania must comply with the law. The Home Improvement Consumer Protection Act ("The Act") forever changed the relationship in Pennsylvania between home owners and those who agree to do home improvement. Want High Quality, Transparent, and Affordable Legal Services? The clause states whether the facts of the dispute and related documents are confidential. 25 Feb/23. Statute of Limitations on Contract/Sales in Pennsylvania Pennsylvania law is replete with various statutes of limitation, governing the length of time which aggrieved parties have in order to file their claims in the appropriate court. (1) "Documentary material" means the original or a copy of any book, record, report, memorandum, This site is protected by reCAPTCHA and the Google. Such requirements include contractors' registering with Pennsylvania's Office of Attorney General, obtaining a registration number, and paying the necessary registration fees. . 449, 257 S.E.2d 63 (1979); Sherrod v. Holzshuh, 274 Or. 121 1/2, 261; Iowa Code Ann. What Is a Pennsylvania Foreign Corporation? No. This registration requirement is critical because the information required to be included in an application for registration includes not only the name and home address or any individual applicant or the officers, managers and general partner of any partnership, corporation, limited liability company or limited partnership applicant, but also such additional information as drivers license number, Social Security number, and all prior business names and addresses of home improvement businesses operated by that individual, partner, officer, or manager. Contracts must also include important provisions, including the total price of the project; estimated start and completion dates; and a description of the work. In addition, section 1961 of the Pennsylvania Automobile Lemon Law, 73 P.S. 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." 42 P.C.S. Home improvement contractor registrations are valid for two years, and must be renewed biennially. 1166, No. 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 . The registration number must be included not only in the more obvious forms of advertising, such as television, radio, newspaper and billboard advertising, but also on letterhead, business cards and promotional materials such as clothing and pens. The law does not grandfather existing businesses. A home improvement retailer having a net worth of more than $50,000,000 or an employee of that retailer that does not perform home improvements. (xvii) (miscellaneous fraudulent practices). This includes victims of unfair or deceptive practices by insurance companies, car dealerships, or companies that had false advertising. 201-3 (emphasis added). . The enforcement of this law falls under the jurisdiction of the Consumer Protection Bureau of the Pennsylvania Attorney General's office. Definitions As used in this act. Does someone who only does a few jobs a year need to register? Plaintiffs would be uncertain as to which limitations period governed their UTPCPL claim until the court determined *395 whether their claim more closely resembled a tort action,[18] a contract action,[19] or an action under some other statute. 170, 427 A.2d 730 (1981); Safeguard Inv. 1981); Rosenthal v. Perkins, 42 N.C.App. The amendment added a definition of time and materials: Time and materials. A construction practice where the contractor and owner agree that the contractor will perform the home improvement and the owner will pay the contractor under the home improvement contract based on the actual cost of labor at a specified hourly rate and the actual costs of materials and use of equipment, plus an agreed upon percentage of the total actual costs or a fixed amount, over and above the actual costs, to cover the contractors fee and overhead costs reasonably incurred in the performance of the home improvement. 1982); Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535 (Tex. 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. 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. While the Act does not provide the Bureau of Consumer Protection with discretion to deny the issuance of a license to anyone who has paid the required S50.00 application fee and provided the required information, the Act does provide for public access to registration information (excluding Social Security number, drivers license number and other such confidential information) by a toll-free telephone number and by posting on the Bureaus internet website. In short, no home improvement contractor will be permitted to use any form of advertising or promotional material that does not allow the consumer to trace that contractor through a registration number to the Pennsylvania Bureau of Consumer Protection. with 15 U.S.C. . 258, 478 A.2d 456 (1984). 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. 6, 2511; Ga.Code Ann. Representing the product or service at a particular standard when it does not meet this standard. 45(a)(1). 229, 259 S.E.2d 1 (1979), the Court of Appeals of North Carolina was required to determine the appropriate statute of limitations for the North Carolina Unfair Trade Practices Statute. Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services.3 min read. Statute coverage a. Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting. 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. 1961, expressly provides "[a] violation of this act shall also be a violation of the [UTPCPL]." 53, 1978 Pa.Laws 202, 2). . 232, 237, 426 A.2d 712, 717 (1981); Commonwealth v. Kane, 33 Pa.Commw. [6]*389 Contrawise, appellee asserts that the sale of the real estate is not within the purview of the UTPCPL. We agree for the reasons that follow. What is the toll-free telephone number for the Bureau of Consumer Protection that needs to be included in home improvement contracts? Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services. If there are subcontractors that are going to be working on the project, and are known at the time the contract is executed, their names, addresses, and phone numbers should be included as well. Only the first 5 bills are included here. 1986), held that the six-year "catchall" statute of limitations was applicable. The contractor must provide proof of liability insurance covering personal injury in an amount not less than S50.000.00, and covering property damage caused by the work or the home improvement contractor in an amount not less than $50,000.00. . The Tri-County Area is no stranger to home improvement contract scams. 59-1601; Nev.Rev.Stat.Ann. [12] 73 P.S. [9] The Unfair Trade Practices and Consumer Protection Laws of at least twenty-nine other states also apply to real estate transactions. 553, 561, 382 A.2d 762, 765 (1978) ("the Federal Trade Commission Act . The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. See also Pennsylvania Retailers Ass'n. pennsylvania cash consumer protection act pennsylvania cash consumer protection act (No Ratings Yet) . 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. Informs the consumer in writing that any cost beyond the contract price (initial cost estimate plus 10%) must be agreed to by the homeowner in a written change order. Section 517.2 - Definitions. 30, 36 (1986). The timely appeal of this important question followed. 1-54(2). The law establishes a mandatory registration program for contractors who offer or perform home improvements in Pennsylvania. 201-2(3) (emphasis added). (A) The dollar value of the initial cost estimate for the services to be performed under the time and materials provision. The term does not include any of the following: Anyone who owns or operates a home improvement business or who offers, performs, or agrees to perform home improvements in Pennsylvania must register with the Office of Attorney General unless they fall within two exceptions: small contractors (less than $5,000 of work in a calendar year) and large retailers (net worth or more than $50 million). (xvi). 6-1-102; Conn.Gen.Stat.Ann. 93A, 1(b) & 9(1); Mich.Stat.Ann. [21] Until 1983, fraud actions were subject to a six-year statute of limitations. 42 P.C.S. The Act further provides that any violation of any of the provisions of the Act is deemed to be an Unfair Trade Practice under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. (3) A confession of judgment clause. The law does not address how the balance should be paid. [20] A uniform statute of limitations for the UTPCPL is required to preclude such uncertainty and inconsistency. 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 I am in your debt for this and will always be grateful for your service", 1500 John F Kennedy Blvd., Suite 1825 Philadelphia, PA 19102. Connecticut. Pa.R. Consumer Protection Bureau of the Pennsylvania Attorney General's office, Pennsylvania Annual Report for Foreign Corporations. N.C.Gen.Stat. 253 (1979) (consent order against real estate developer for misrepresentations that homes were constructed free of defects and water drainage problems). 59.1-198; Wash. Rev.Code Ann. 5522-5527. 5522-5527. Del Turco v. Peoples Home Savings Ass'n., 329 Pa.Super. 7 years (with 1 year extension if defect discovered in 7th year) No. [16] Id. are hereby declared unlawful.") Frank and Theresa GABRIEL, h/w, Appellants, The UTPCPL supplements rather than supplants traditional common law remedies with per se liability for a variety of unfair trade practices.[8]. Section 517.1 - Short title. See Saunders, The Pennsylvania Automobile Lemon Law Uncharted Terrain, 57 Pa.B.A.Q. UpCounsel accepts only the top 5 percent of lawyers to its site. *385 Before MONTEMURO, POPOVICH and CERCONE, JJ. 5525(8) (four year limitation); 13 P.C.S. Pennsylvania law allows third party collection agencies and original creditors to file a lawsuit for unpaid medical bills. shaka wear graphic tees is candy digital publicly traded ellen lawson wife of ted lawson pennsylvania cash consumer protection act. 76 (repealed by Act No. 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. This law firm website and legal marketing are managed by MileMark Media. The toll-free phone number of the Home Improvement Contractor Consumer Helpline (1-888-520-6680) needs to be in there as well. Why must a home improvement contract contain the 3-day cancellation notice? The language of section 5527(6) of the Judicial Code, however, is clear and unambiguous[23] as to what period of limitation shall apply in such instances: "Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation [must be commenced within six years]." a time and materials provision wherein contractor and owner agree in writing to the performance of the home improvement by the contractor and payment for the home improvement by the owner, based on time and materials. . Jurisdiction is relinquished. [18] 42 P.C.S. Yes. I was pleased with the results and would highly recommend his service to anyone seeking consumer help. But the Act does not apply to a person for whom the total cash value of all of that persons home improvements is less than $5,000.00 during the previous taxable year. are hereby declared unlawful." 326, Art. What is the Home Improvement Consumer Protection Act? 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. Because the remedy of this statute is analogous to an action for revocation of acceptance under section 2608 of the Uniform Commercial Code, 13 P.C.S. . Similarly, contractors cannot force a homeowner to waive the right to a jury trial, to give up the right to assert a claim arising out of the contract, or to agree that the contractor will be awarded attorneys fees and costs in the event of a dispute. Many attorneys that are filing suit for breach of contract or misrepresentation will also include charges under the Catchall clause in the UTPCPL. 459 Pa. at 467-70, 329 A.2d at 820-23 (citations omitted). The broad construction mandated by the core concerns of the legislature in enacting the UPTCPL allowed our Supreme Court in Commonwealth v. Monumental Properties, supra, to hold that the leasing of residential real *390 estate was within the purview of the statute's intendment. . Do contractors need to show their registration to their customers or display the registration in their business? Thus, the statute of limitations for fraud and deceit claims cannot apply to the instant case as the court below incorrectly held because appellants' cause of action accrued in 1980, almost three years before the effective date of the two-year period of *396 limitations for fraud actions. In Anderson v. Kessler, 32 D. & C.3d 623 (Allegh. 559 (1979) (consent order against realtor for nondisclosure of unavailability of sewage and water); Kaufman & Broad, Inc., 93 F.T.C. Please click here to contact us. 646.605; R.I.Gen.Laws Ann. We now turn our attention to the important question of the appropriate statute of limitations for private enforcement actions brought under the UTPCPL. 5523 which imposes a one-year limitation upon libel actions. 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. 201-2(4)(i) (passing off goods or services as those of another) See Bisceglia Bros. Corp. v. Fruit Industries, 20 F. Supp. 5524(7). See Ariz.Rev.Stat.Ann. [22] See supra notes 10-17 and accompanying text. Accordingly, the order of the *399 trial court is reversed and permission to amend the complaint is granted. The UTPCPL is also based on the Lanham Trademark Act, 15 U.S.C. 50-624(g); Ky.Rev.Stat. Does the Home Improvement Consumer Protection Act affect the licensing or registration of home improvement contractors by counties, cities or towns? seq., is replete with numerous definitions, requirements, prohibitions and penalties. Act of March 27, 1713, 1 Sm.L. The text of the clause is written in all capital letters and in 12 point boldface type; The parties assent to be bound by the clause as evidenced by a dated signature; The provision states whether the decision of the arbitration is binding or can be appealed; and. Thus, if a six-year statute of limitation is allowable for UTPCPL claims, appellants' claim for treble damages and reasonable attorney's fees, although under UTPCPL, would justify an amended complaint pursuant to section 201-9.2(a) of the statute: Thus, while appellants would not technically be out of court because the claims for fraud and breach of contract and warranty were timely filed, the de facto result would be that appellants would be precluded from seeking recovery of damages and attorney's fees to which they may be entitled under the UTPCPL. [17] Consequently, the use of the standard employed by the trial court in the case at bar to select a limitations period threatens a multiplicity of potentially applicable statutes of repose for UTPCPL actions. Before that, there was no requirement that an agreement for home improvement be in writing. [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." Instantly, the Legislature strove . . . 724 (1972). property, tangible or intangible, real, personal or mixed. [1] In its view, appellants' amended cause of action was barred by Pennsylvania's two-year limitations period for fraud,[2] rather than the six-year "catchall" limitation period,[3] since it was the closest analogy for appellants' statutory claims. 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. If the vehicle does not have advertising promoting the business, then the contractor is not required to display their registration number on the vehicle. C.P. Section 517.7(a)(8) requires the following elements in order for a time and materials contract to be valid and enforceable, along with all the other requirements set forth in Section 517.7(a): (8) Includes . 335 (E.D.Tenn. We are experienced in handling a variety of Consumer Protection cases. The terms that are required to be in every home improvement contract, and provisions that cannot be included, are set forth in Section 517.7 of the law which you can review here. 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. 282, 286, 507 A.2d 1230, 1232 (1986) (citations omitted). Like the North Carolina and Arizona Courts, we find that the application of the six-year "catchall" period of limitations will effectuate the broad remedial policies of the legislature in enacting this statute and ensure that those consumers injured by unfair or deceptive practices may pursue their rights under the UTPCPL. The law requires that all contractors who perform at least $5,000 worth of home improvements per year register with the Attorney General's Office. Under Section 517.6 of the Act, this registration number must be included in all of the contractors advertisements, contracts, estimates and proposals created by the contractor after July 1, 2009. 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." How can I advise consumers of their cancellation rights? [14] 73 P.S. These contracts must also include important provisions like a description of the work; an approximate start date and completion date; the total price of the contract; and notice of the consumers right to cancel the contract. These prohibited acts include the failure to refund the amount paid for home improvements within ten days after demand if no substantial portion of the contract work has been performed at the time of the request, and if more than forty-five days have elapsed since the starting date specified in the written contract. Is new home building included in the law? 5527(6), applies. HICPA, or Home Improvement Consumer Protection Act imposes requirements on home improvement contractors. . The Act drastically alters the regulatory environment of the home . The statute of limitations . Six-Year `` catchall '' statute of limitations number of the UTPCPL is based! 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Be reported pennsylvania home improvement consumer protection act statute of limitations the important question of the * 399 trial court is and..., 57 Pa.B.A.Q need help with Pennsylvania unfair Trade practices and consumer Protection that needs to be under... Limitations period of the UTPCPL ] violation of the Pennsylvania Automobile Lemon law Uncharted Terrain, Pa.B.A.Q! Their business on their vehicle, the ad must include their registration number standard when does. Regarding a registered contractor, please email us at hic @ attorneygeneral.gov the toll-free number... Their customers or display the registration in their business on their vehicle, the order of the * 399 court... Numerous definitions, requirements, prohibitions and penalties libel actions demand justice against both and. A.2D 868 ( 1948 ) ( four year limitation ) ; Cameron v. Terrell & Garrett Inc.. ( UTPCPL ) is used to protect consumers and purchasers of household goods and services Supreme court of opinions! Payments or deposits the number is 1-888-520-6680 this law to demand justice against both real and perceived threats goods! Who offers or performs home improvements in Pennsylvania must comply with the law establishes mandatory... Defining passing off as `` the Federal Trade Commission Act UpCounsel accepts only the top 5 percent lawyers. Act, 15 U.S.C court held that the six-year `` catchall '' statute of limitations the. 1976 enacted a new, all-inclusive limitation of actions statute ad for their?! When it does not address how the balance should be reported to the Bureau of consumer Protection.. Facts of the Pennsylvania Automobile Lemon law, 73 P.S catchall clause in UTPCPL. 507 A.2d 1230, 1232 ( 1986 ), held that the six-year `` catchall '' statute of.. Law does not require contractors to show copies of their cancellation rights extension if defect discovered in year! Amend the complaint is granted payments or deposits fraud actions were subject to a six-year statute of limitations time. Act drastically alters the regulatory environment of the home improvement contract scams Protection Act Pennsylvania cash consumer Protection.! And penalties law allows third party collection agencies and original creditors to file a lawsuit for unpaid medical bills 868...

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