HB 783 — 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, for unlawful acts or practices and exclusions and for private actions.

PRINTER'S NO.    804

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 783
                                               Session of
                                                 2025

     INTRODUCED BY RABB, KINKEAD, SANCHEZ, ISAACSON, PIELLI, FREEMAN,
        HILL-EVANS, HOWARD, DALEY, HADDOCK, MAYES, STEELE, MALAGARI,
        KENYATTA, WEBSTER, SCOTT AND BRIGGS, MARCH 3, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, MARCH 3, 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, for unlawful
 7      acts or practices and exclusions and for private actions.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Section 2 introductory paragraph, (1.1) and (4)
11   (xxi) of the act of December 17, 1968 (P.L.1224, No.387), known
12   as the Unfair Trade Practices and Consumer Protection Law, are
13   amended, clause (4) is amended by adding subclauses and the
14   section is amended by adding clauses to read:
15      Section 2.    Definitions.--As used in this act[.]:
16      * * *
17      (1.1)   "Internet service provider" means a person who
18   furnishes a service that enables users to access content,
19   information, electronic mail or other services offered over the
 1   Internet, and access to proprietary content, information and
 2   other services as part of a package of services offered to
 3   [consumers] the public.
 4      * * *
 5      (4)   "Unfair methods of competition" and "unfair or deceptive
 6   acts or practices" mean any one or more of the following:
 7      * * *
 8      [(xxi)    Engaging in any other fraudulent or deceptive conduct
 9   which creates a likelihood of confusion or of misunderstanding.]
10      (xxii)    Making an untruthful, deceptive or misleading
11   environmental marketing claim, including, for example:
12      (A)   engaging in paltering that misleads or deceives
13   consumers as to the overall environmental impact of an industry,
14   business, product or service; or
15      (B)   engaging in reputational advertising that misleads or
16   deceives consumers as to the overall environmental impact of an
17   industry, business, product or service.
18      (xxiii)    Making an untruthful, deceptive or misleading net
19   zero claim, including a claim that:
20      (A)   does not clearly identify the covered portion of an
21   entity's emission portfolio and value chain, including all
22   greenhouse gas emissions, all emission scopes and all joint
23   ventures, subsidiaries and specific product categories;
24      (B)   does not distinguish between a business's emission
25   reductions, post-emission compensation, both offsets and
26   removals, and emission divestments or otherwise relies on vast
27   amounts of offsets; or
28      (C)   is not substantiated by a company plan or action.
29      (xxiv)    Engaging in any other fraudulent or deceptive conduct
30   which creates a likelihood of confusion or of misunderstanding.

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 1      * * *
 2      (14)    "Environmental marketing claim" means a representation
 3   about the environmental attribute, including climate impact, of
 4   a product or service in connection with the marketing, offering
 5   for sale or sale of the product or service to the public. For
 6   purposes of this definition, marketing includes labeling,
 7   advertising, promotional materials and any other form of appeal
 8   to the public in any medium, whether asserted directly or by
 9   implication, through words, symbols, logos, depictions, product
10   brand names or other means.
11      (15)    "Net zero claim" means a representation that an entity
12   has achieved an overall balance between greenhouse gas emissions
13   produced and greenhouse gas emissions removed from the
14   atmosphere.
15      (16)    "Paltering" means the use of a truthful statement
16   relating to an industry, business, product or service that
17   creates an overall false, deceptive or misleading impression or
18   implication to the public that a specific benefit is significant
19   when it is in fact negligible as to the industry, business,
20   product or service.
21      (17)    "Reputational advertising" means a representation to
22   the public designed to create a perception of an industry,
23   business or brand by highlighting positive environmental
24   qualities of or action taken by the industry, business or brand,
25   regardless of whether the representation is made in connection
26   with the sale of a good or service.
27      Section 2.   Sections 3(a) and 9.2 of the act are amended to
28   read:
29      Section 3.    Unlawful Acts or Practices; Exclusions.--(a)
30   Unfair methods of competition and unfair or deceptive acts or

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 1   practices in the conduct of any trade or commerce as defined by
 2   [subclauses (i) through (xxi) of] clause (4) of section 2 of
 3   this act and regulations promulgated under section 3.1 of this
 4   act are hereby declared unlawful. The provisions of this act
 5   shall not apply to any owner, agent or employe of any radio or
 6   television station, or to any owner, publisher, printer, agent
 7   or employe of an Internet service provider or a newspaper or
 8   other publication, periodical or circular, who, in good faith
 9   and without knowledge of the falsity or deceptive character
10   thereof, publishes, causes to be published or takes part in the
11   publication of such advertisement.
12      * * *
13      Section 9.2.   Private Actions.--(a)   Any person who purchases
14   or leases goods or services primarily for personal, family or
15   household purposes and thereby suffers any ascertainable loss of
16   money or property, real or personal, as a result of the use or
17   employment by any person of a method, act or practice declared
18   unlawful by section 3 of this act, may bring a private action to
19   recover actual damages or one hundred dollars ($100), whichever
20   is greater. If an action is brought under this section alleging
21   an unfair or deceptive act or practice described in subclauses
22   (xxii) or (xxiii) of clause (4) of section 2 of this act, it
23   shall not be required that the person who brought the action
24   suffered any ascertainable loss as a result of the use or
25   employment of the unfair or deceptive act or practice. The court
26   may, in its discretion, award up to three times the actual
27   damages sustained, but not less than one hundred dollars ($100),
28   and may provide such additional relief as it deems necessary or
29   proper. The court may award to the plaintiff, in addition to
30   other relief provided in this section, costs and reasonable

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1   attorney fees.
2      (b)   Any permanent injunction, judgment or order of the court
3   made under section 4 of this act shall be prima facie evidence
4   in an action brought under section 9.2 of this act that the
5   defendant used or employed acts or practices declared unlawful
6   by section 3 of this act.
7      Section 3.    This act shall take effect in 60 days.




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