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§ 5748.1. Private cause of action

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: October 30, 2015

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VI. Actions, Proceedings and Other Matters Generally
Chapter 57. Bonds and Recognizances
Subchapter B. Bail Bondsmen (Refs & Annos)
Effective: October 30, 2015
42 Pa.C.S.A. § 5748.1
§ 5748.1. Private cause of action
(a) Self-policing.--A bail bondsman or insurer who determines that a competitor has engaged in an activity that is in violation of any provision of this chapter may commence a cause of action seeking monetary damages, declaratory judgment or injunctive relief from the court of common pleas of the county in which the violation occurred. The violation must be proven by clear and convincing evidence.
(b) Frivolous actions.--A bail bondsman or insurer who wrongfully commences a baseless action, knowingly without any merit or evidence, shall be subject to actual damages in the amount of the costs of the defense of the suit and punitive damages of an amount equal to those costs that constitute actual damages.

Credits

2015, July 2, P.L. 110, No. 16, § 9, effective in 120 days [Oct. 30, 2015].
42 Pa.C.S.A. § 5748.1, PA ST 42 Pa.C.S.A. § 5748.1
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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