This act shall be known and may be cited as the "Unfair Trade Practices and Consumer
(1) "Documentary material" means the original or a copy of any book, record, report,
memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription
or other tangible document or recording, wherever situate.
(2) "Person" means natural persons, corporations, trusts, partnerships, incorporated
unincorporated associations, and any other legal entities.
(3) "Trade" and "Commerce" mean the advertising, offering for sale, sale or~distribution of any
services and any property, tangible or intangible, real, personal or mixed, and any other article,
commodity, or thing of value wherever situate, and includes any trade or commerce directly or
indirectly affecting the people of this Commonwealth.
(4) "Unfair methods of competition" and "unfair or deceptive acts or practices" mean any one or
Passing off goods or services as those of another;
likelihood
confusion
of
or misunderstanding
of
source, sponsorship, approval or certification of goods or services;
likelihood
of confusion or of misunderstanding as t o
affiliation, connection or association with, or certification by,
Using deceptive representations or designations of geographic origin
in connection with goods or services;
Representing that goods or services have sponsorship, approval,
characteristics, ingredients, uses, benefits or quantities that they do
not have or that a person has a sponsorship, approval, status,
affiliation, or connection that he does not have;
Representing that goods are original or new if they are deteriorated,
altered, reconditioned, reclaimed, used or secondhand;
Representing that goods or services are of a particular standard,
quality or grade, or that goods are of a particular style or model, if
they are of another;
Disparaging the goods, services or business of another by false or
misleading representation of fact;
Advertising goods or services with intent not to sell them as
Advertising goods or services with intent not to supply reasonably
expectable public demand, unless the advertisement discloses a
limitation of quantity;
Making false or misleading statements of fact concerning the
reasons for, existence of, or amounts of price reductions;
Promising or offering prior t o t i m e of sale t o pay, credit or allow to
any buyer, any compensation or reward for the procurement of a
contract for purchase of goods or services with another or others, or
for the referral of the name or names of another or others for the
purpose of attempting to procure or procuring such a Contract of
purchase with such other person or persons when such payment,
credit, compensation or reward is contingent upon the occurrenceof
an event subsequent to the time of the signing ofa contract to
in any by
plan which
goodsservices
or
sold t o a person for a consideration and upon the further
consideration that the purchase; secure or attempt to secure one or
more persons likewise to join the said plan; each purchaser t o be
given the right to secure money, goods or services depending upon
the number of persons joining the pian. In addition, promoting or
engaging in any plan, commonly known as or similar to the so-called
"Chain-Letter Plan" or "Pyramid Club." The terms "Chain-Letter
Plan" or "Pyramid Club" mean any scheme for the disposal or
distribution of property, services or anything of value whereby a
participant pays valuable consideration, in whole or in part, for an
opportunity to receive compensation for introducing or attempting t o
introduce one or more additional persons to participate in the
scheme or for the opportunity toreceive compensation when a
person introduced by the participant introducesa new participant.
As used in this subclause the term "consideration" means an
investment of cash or the purchase of goods, other property, training
or services, b u t does not include payments made for sales
demonstration equipment and materials for use in making sales and
not for resale furnished at no profit to any person in the program or
to the company or corporation, nor does the term apply t o a minimal
initial payment of twenty-five dollars ($25) or less;