§ 2172. Protection afforded
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and Commerce
73 P.S. § 2172
§ 2172. Protection afforded
(a) Refund to buyer.--The financial security required by section 111 shall be for the benefit of a buyer who sustains any loss or damage as a result of the breach of contract or bankruptcy by a health club.
(b) Recovery.--If an injured buyer does not receive a refund from the health club, he may file a claim with the surety, and, if the claim is not paid, the buyer may bring an action based on the bond and recover against the surety. In the case of a letter of credit that has been filed with the director, the buyer shall bring an action against the health club and thereafter submit the final judgment he obtains to the director requesting payment under the terms of the letter of credit.
(d) Limitation on liability of surety.--The aggregate liability of the bond or letter of credit to all persons for all breaches of the conditions of the bond or letter of credit shall in no event exceed the amount of bond or letter of credit. If claims filed exceed the amount of the bond, the surety shall distribute the amount of the bond as a standard percentage of the amount claimed by all buyers seeking relief under this section.
Credits
1989, Dec. 21, P.L. 672, No. 87, § 12, effective in 180 days.
Footnotes
73 P.S. § 2171.
73 P.S. § 2172, PA ST 73 P.S. § 2172
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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