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§ 2270.5. Enforcement and penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: June 26, 2000

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 42. Fair Credit Extension Uniformity Act (Refs & Annos)
Effective: June 26, 2000
73 P.S. § 2270.5
§ 2270.5. Enforcement and penalties
(a) Unfair trade practices.--If a debt collector or creditor engages in an unfair or deceptive debt collection act or practice under this act, it shall constitute a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law.1
(b) Jurisdiction.--An action to enforce any liability created by this act may be brought in any court of competent jurisdiction in this Commonwealth within two years from the date on which the violation occurs.
(c) Remedies.--Remedies available for violation of this act and the Fair Debt Collection Practices Act (Public Law 95-109, 15 U.S.C. § 1692 et seq.) shall not be cumulative, and debt collectors who violate this act and the Fair Debt Collection Practices Act shall not incur cumulative penalties.
(d) Defenses.--A debt collector or creditor may not be held liable in any action for a violation of this act if the debt collector or creditor shows by a preponderance of the evidence that the violation was both not intentional and:
(1) resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error; or
(2) resulted from good faith reliance upon incorrect information offered by any person other than an agent, servant or employee of the debt collector or creditor.

Credits

2000, March 28, P.L. 23, No. 7, § 5, effective in 90 days.

Footnotes

73 P.S. § 201-1 et seq.
73 P.S. § 2270.5, PA ST 73 P.S. § 2270.5
Current through 2018 Regular Session Acts 1 to 41, 43 to 47, 51, 52, 54, 65, 66 and 72.
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