Pennsylvania Code Title 13 - COMMERCE AND TRADE
Overview of Pennsylvania Code Title 13 – Commerce and Trade
Title 13 of the Pennsylvania Code governs the administrative regulations related to commerce, business practices, trade regulations, and consumer protection within the Commonwealth of Pennsylvania.
While the Pennsylvania Consolidated Statutes (Pa.C.S.) Title 13 covers the Uniform Commercial Code (UCC), Title 13 of the Pennsylvania Code (the administrative code) contains regulations adopted by various Pennsylvania agencies — especially the Department of Community and Economic Development (DCED) and the Office of Attorney General (OAG) — to implement statutory provisions related to business operations, consumer protections, trade practices, and commercial activities.
Key Subjects Covered Under Title 13 (Code):
Title 13 of the Pennsylvania Code is structured in parts and chapters, each dealing with specific administrative aspects of commerce and trade, such as:
1. Fair Trade Practices and Consumer Protection
Implements the Unfair Trade Practices and Consumer Protection Law (UTPCPL).
Administered by the Pennsylvania Office of Attorney General (OAG).
Focuses on prohibiting deceptive, fraudulent, or unfair business practices.
Includes rules for:
Telemarketing
Business opportunity sales
Motor vehicle advertising
Refund and cancellation policies
Home improvement contractors
Example Regulation:
Regulations detailing required disclosures in business opportunity sales or prohibiting "bait-and-switch" advertising in auto sales.
2. Charitable Solicitations and Fundraising
Regulates the behavior of charitable organizations, professional fundraisers, and solicitors.
Enforced under the Solicitation of Funds for Charitable Purposes Act.
Includes requirements for:
Registration and reporting
Disclosure to donors
Use of professional solicitors
3. Home Improvement Consumer Protection Act (HICPA)
Mandates registration for home improvement contractors.
Requires certain contract terms, disclosures, and prohibits deceptive practices.
Designed to protect homeowners from contractor fraud or abuse.
4. Weights and Measures
Regulates commercial weighing and measuring devices (e.g., gas pumps, scales in stores).
Ensures accuracy and fairness in consumer transactions involving weight, volume, or count.
Enforced by the Bureau of Ride and Measurement Standards.
5. Telemarketing and Do-Not-Call Regulations
Rules adopted to enforce Pennsylvania’s Telemarketer Registration Act.
Requires:
Telemarketers to register
Adherence to do-not-call lists
Proper disclosures during calls
Restrictions on calling hours
6. Small Business and Economic Development Programs
DCED regulations on grant administration, enterprise zones, and economic incentive programs.
Designed to promote small businesses, create jobs, and encourage investment in underserved areas.
Legal Principles and Enforcement
The regulations under Title 13 are generally administrative rules, meaning they do not create new statutory law but are meant to implement and enforce laws passed by the General Assembly. Violations can result in:
Administrative fines or penalties
Civil lawsuits (e.g., by the Attorney General or private plaintiffs)
License suspension or revocation (e.g., for telemarketers or contractors)
Relevant Case Law Interpreting Title 13 and Related Statutes
While there are few cases that interpret Title 13 of the Code directly, many related cases interpret the statutes that these regulations implement, such as the UTPCPL, HICPA, or telemarketing laws. Here are some notable examples:
1. Commonwealth v. Percudani, 844 A.2d 583 (Pa. Cmwlth. Ct. 2004)
Facts:
Attorney General sued a home building company for deceptive trade practices, including misleading advertisements and failure to honor promises to consumers.
Issue:
Whether the company’s conduct violated the UTPCPL.
Holding:
Yes. The court held that the company’s actions were deceptive and violated consumer protection regulations.
Relevance to Title 13:
Title 13 includes advertising and business conduct rules enforced under UTPCPL. This case underscores how those rules are applied in practice.
2. Bennett v. A.T. Masterpiece Homes at Broadsprings, LLC, 40 A.3d 145 (Pa. Super. Ct. 2012)
Facts:
Homeowners sued a contractor under the HICPA and UTPCPL, alleging defective construction and fraudulent misrepresentations.
Issue:
Whether the contractor’s failure to comply with registration and contract requirements gave rise to a private right of action.
Holding:
Yes. The court affirmed that violations of HICPA (which is administered through Title 13 regs) could support a claim under UTPCPL.
Relevance to Title 13:
Reinforces that administrative regulations affecting contract terms and registration can have legal consequences.
3. Commonwealth v. Golden Gate National Senior Care, LLC, 194 A.3d 1010 (Pa. 2018)
Facts:
The AG sued a chain of nursing homes for allegedly misleading advertising regarding care quality and staff levels.
Issue:
Can false advertising constitute a violation of UTPCPL?
Holding:
Yes. The court upheld the claim and emphasized the importance of truthful representations in commercial advertising.
Relevance to Title 13:
Title 13 includes advertising standards that must be adhered to by businesses serving consumers, especially vulnerable populations.
4. Zimmerman v. HBO Affiliate Group, 834 F.2d 1163 (3rd Cir. 1987)
Facts:
A class action suit challenged unauthorized charges for HBO services, alleging violations of UTPCPL.
Issue:
Whether deceptive billing practices constituted a “deceptive act or practice.”
Holding:
Yes. The court supported consumer claims, recognizing deceptive billing as actionable under UTPCPL.
Relevance to Title 13:
Billing practices are often regulated under Title 13 for specific industries (e.g., telecommunications, subscriptions).
Enforcement and Remedies
Violations of rules in Title 13 may lead to:
Civil penalties assessed by administrative agencies
Injunctions to stop ongoing illegal business practices
Restitution to consumers who were defrauded
Private lawsuits, especially under UTPCPL and HICPA, allowing for:
Actual damages
Treble damages in some cases
Attorney’s fees
Conclusion:
Title 13 of the Pennsylvania Code is the regulatory backbone of the state’s consumer protection and trade oversight regime. It supports statutory law by:
Regulating how businesses advertise, sell, and interact with consumers.
Providing detailed guidance for contractors, telemarketers, and charitable organizations.
Enhancing enforcement of consumer rights through the Office of Attorney General.
Interacting with laws like UTPCPL, HICPA, and the Telemarketer Registration Act.
Through both administrative enforcement and private litigation, Title 13 helps maintain a fair and transparent marketplace in Pennsylvania.
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