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.

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
 1   Amending the act of December 17, 1968 (P.L.1224, No.387),
 2      entitled "An act prohibiting unfair methods of competition
 3      and unfair or deceptive acts or practices in the conduct of
 4      any trade or commerce, giving the Attorney General and
 5      District Attorneys certain powers and duties and providing
 6      penalties," further providing for definitions and for
 7      unlawful acts or practices and exclusions.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Section 2(4)(xxi) of the act of December 17, 1968
11   (P.L.1224, No.387), known as the Unfair Trade Practices and
12   Consumer Protection Law, is amended and the clause is amended
13   by adding a subclause to read:
14      Section 2.    Definitions.--As used in this act.
15      * * *
16      (4)   "Unfair methods of competition" and "unfair or deceptive
17   acts or practices" mean any one or more of the following:
18      * * *
19      (xxi)   Increasing the posted price per gallon for a grade of
 1   gasoline sold at retail at a retail location during the period
 2   between deliveries of that grade to that location, except that a
 3   retail gasoline dealer may decrease the posted price at any
 4   time. A change in posted price under this subclause shall be
 5   determined separately for each grade of gasoline and each
 6   payment method at each retail location. Nothing in this
 7   subclause shall be construed to prohibit a change in posted
 8   price that solely reflects a change in a Federal, State or local
 9   tax or fee imposed on gasoline or corrects a bona fide clerical
10   or mathematical error documented in the dealer's records. As
11   used in this subclause:
12      (A)   "Delivery" means transfer of gasoline by a supplier,
13   wholesaler or distributor into storage tanks at the retail
14   location, as evidenced by a bill of lading, delivery ticket or
15   similar record.
16      (B)   "Gasoline" means motor gasoline suitable for use in
17   spark-ignition engines.
18      (C)   "Grade" means a grade of gasoline distinguishable by
19   octane rating or formulation offered for sale at the retail
20   location.
21      (D)   "Posted price" means the per-gallon price displayed or
22   otherwise made available to consumers at the point of sale for a
23   specified grade and payment method.
24      (E)   "Retail gasoline dealer" means a person that sells
25   gasoline to consumers for use in motor vehicles at a fixed
26   retail location.
27      [(xxi)] (xxii)   Engaging in any other fraudulent or deceptive
28   conduct which creates a likelihood of confusion or of
29   misunderstanding.
30      * * *

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 1      Section 2.   Section 3(a) of the act is amended to read:
 2      Section 3.   Unlawful Acts or Practices; Exclusions.--(a)
 3   Unfair methods of competition and unfair or deceptive acts or
 4   practices in the conduct of any trade or commerce as defined by
 5   subclauses (i) through [(xxi)] (xxii) of clause (4) of section 2
 6   of this act and regulations promulgated under section 3.1 of
 7   this act are hereby declared unlawful. The provisions of this
 8   act shall not apply to any owner, agent or employe of any radio
 9   or television station, or to any owner, publisher, printer,
10   agent or employe of an Internet service provider or a newspaper
11   or other publication, periodical or circular, who, in good faith
12   and without knowledge of the falsity or deceptive character
13   thereof, publishes, causes to be published or takes part in the
14   publication of such advertisement.
15      * * *
16      Section 3.   This act shall take effect in 60 days.




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