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§ 2250.8. Investigation, enforcement and reporting

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: March 17, 2003

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 40A. Unsolicited Telecommunication Advertisement Act
Effective: March 17, 2003
73 P.S. § 2250.8
§ 2250.8. Investigation, enforcement and reporting
Currentness
(a) Right of action.--
(1) The Bureau of Consumer Protection in the Office of Attorney General shall investigate any complaints received concerning violations of this act. If, after investigating any complaint, the Attorney General finds that there has been a violation of this act, the Attorney General may bring an action to impose a civil penalty and to seek other relief, including injunctive relief, under the act of December 17, 1968 (P.L. 1224, No. 387),1 known as the Unfair Trade Practices and Consumer Protection Law.
(2) The Attorney General shall remit 10% of any civil penalty collected under this section to the person filing the complaint leading to the civil penalty. In no event, however, shall the amount of this remittance exceed $100 for any person.
(3) Any Internet access provider, electronic mail service provider or wireless telecommunication company aggrieved by a violation of this act shall have the right to initiate an action to enjoin such violation and to recover damages in the amount of no less than $1 or more than $10 per violation. For the purpose of this section, each unsolicited commercial electronic mail, facsimile or wireless advertisement received constitutes a separate violation.
(i) For willful violations of this act the court may, in its discretion, increase the amount of the award to an amount not exceeding $1,500,000.
(ii) Notwithstanding any other provision of the law to the contrary, in addition to any damages awarded, such person may be awarded reasonable attorney fees and court costs.
(b) Annual report to General Assembly.--On or before November 30 of each year, the Attorney General shall submit to the General Assembly a report detailing investigations and enforcement actions taken under this act during the preceding fiscal year. The report shall include, but not be limited to:
(1) The number of complaints received under this section.
(2) The nature of those complaints.
(3) The number of investigations and enforcement actions instituted by the Attorney General.
(4) A summary of the results of those investigations.
(5) Enforcement and the amount of any civil penalties collected.
(c) Investigative powers.--Prior to the institution of a civil action, the Attorney General may require the attendance and testimony of witnesses and the production of documents. For this purpose, the Attorney General may issue subpoenas, examine witnesses and receive evidence. If a person objects to or otherwise fails to comply with a subpoena or request for testimony, the Attorney General may file in Commonwealth Court an action to enforce the subpoena or request. Notice of hearing the action and a copy of all pleadings shall be served upon the person who may appear in opposition.
(d) Confidentiality to be maintained.--Any testimony taken or material produced under this act shall be kept confidential by the Attorney General except to the extent the Attorney General may use information in a judicial proceeding or if the disclosure is authorized by the court for good cause shown or confidentiality is waived by the person being investigated and by the person who has testified, answered interrogatories or produced materials.

Credits

2002, Dec. 16, P.L. 1810, No. 222, § 8, effective in 90 days.

Footnotes

1
73 P.S. § 201-1 et seq.
73 P.S. § 2250.8, PA ST 73 P.S. § 2250.8
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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