2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 69 - Particular Rights and Immunities
6909 - Lessor's liability for noncompliance.

     § 6909.  Lessor's liability for noncompliance.
        (a)  Violation of other law.--A violation of this chapter
     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, and shall be subject to the enforcement
     provisions and private rights of action contained in that act,
     except as limited in this section.
        (b)  Recovery in class action limited.--Notwithstanding any
     other provision of this section or the Unfair Trade Practices
     and Consumer Protection Law, in any class action brought for
     violation of this chapter, the total recovery arising out of the
     same failure to comply shall not be more than the lesser of
     $500,000 or an amount equal to 1% of the net worth of the
     lessor.
        (c)  Recovery of damages.--If a particular rental-purchase
     agreement has more than one lessee, only one recovery of damages
     is allowed for a violation of this chapter. Multiple violations
     in connection with a single rental-purchase agreement entitle
     the lessee or multiple lessees to only one recovery under this
     chapter.
        (d)  Commencement of class action.--A class action alleging a
     violation of this chapter may not be brought more than two years
     after the occurrence of the violation that is the subject of the
     suit or more than two years after the lessee made the last
     rental payment, whichever is later. This subsection does not bar
     a lessee from asserting a violation of this chapter as a matter
     of defense by recoupment or setoff in an action brought by a
     lessor more than two years after the date of the occurrence of
     the violation on an obligation arising from the rental-purchase
     agreement.
        (e)  Counteraction or defense.--A lessee may not take any
     action to offset any amount for which a lessor is potentially
     liable under the Unfair Trade Practices and Consumer Protection
     Law against any amount owed by the lessee unless the amount of
     the liability of the lessor has been determined by a judgment of
     a court of competent jurisdiction in an action in which the
     lessor was a party. This subsection does not bar a lessee in
     default on an obligation arising from the rental-purchase
     agreement from asserting a violation of this chapter in an
     original action or as a defense or counterclaim to an action
     brought by the lessor to collect amounts owed by the lessee
     under the rental-purchase agreement.

        Cross References.  Section 6909 is referred to in section
     6910 of this title.