PRINTER'S NO. 496 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.483 Session of 2025 INTRODUCED BY COLLETT AND HUGHES, MARCH 26, 2025 REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 26, 2025 AN ACT Amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, in motor vehicle sales finance, further providing for notice; and imposing penalties. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 6223 of Title 12 of the Pennsylvania Consolidated Statutes is amended by adding a subsection to read: ยง 6223. Notice. * * * (c) Additional requirements.-- (1) Prior to presenting an executable installment sale contract to a prospective buyer, an installment seller shall provide a prospective buyer, separate and apart from any other information, with a disclosure entitled "FINANCIAL DISCLOSURE." The disclosure shall be simple and easy to understand and include the following information: (i) For any finance charge offered by an installment seller to a prospective buyer, the identity of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 creditor, the total amount financed to include an itemization of all charges, taxes, fees and deductions, the interest rate, the total amount due from the finance charge over the duration of the loan, the total amount due from the amount financed and the finance charge over the duration of the loan, the monthly payment and the duration of the loan and number of payments. If different interest rates are available to a prospective buyer from an installment seller for a loan duration included in the disclosure, the installment seller shall indicate the range of interest rates available for the loan duration. If a finance charge is not included in financing offered, the installment seller shall provide the disclosure with information contained in this paragraph not applicable to a finance charge for any financing offered. (ii) Information to be developed by the department entitled "IMPORTANT INFORMATION TO CONSIDER" that describes the impact that the duration of a loan can have on the interest rate, monthly payment and total costs, that seeking additional finance offers can reduce monthly payments or total costs and the waiting period required under paragraph (6). (iii) A disclaimer indicating information provided in subparagraph (i) may be subject to a prospective buyer's credit information. (iv) A disclaimer indicating the maximum amount of interest an installment seller may charge annually under the provisions of this chapter for new and used motor vehicles. (v) A disclaimer indicating the information in 20250SB0483PN0496 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 subparagraph (i) does not include late charges or other charges that may be necessary or incidental to an installment sale. (vi) A disclaimer advising prepaying financing can reduce the finance charge and an indication from the installment seller of whether prepaying financing included in the disclosure is subject to penalty. (vii) A disclaimer advising the information in subparagraph (i) is not binding and an indication from the installment seller of whether the information is subject to negotiation. (viii) A disclaimer advising an installment seller shall provide a prospective buyer with a new disclosure when a different finance charge or different financing without a finance charge is offered to a prospective buyer after the initial disclosure is provided. (ix) A disclaimer indicating violations of this subsection are prohibited and describing how violations can be reported. (x) Any other information deemed necessary by the department. (2) The model form for the disclosure under paragraph (1) shall be made available in downloadable format by the department on the publicly accessible Internet website of the department. (3) The disclosure under paragraph (1) may be provided to a prospective buyer electronically or by paper copy. The model form of the electronic version shall have both a standard letter size and a smaller size that is designed to be easy to read on an average-sized smart phone screen 20250SB0483PN0496 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 without having to enlarge the image. (4) The installment seller shall explain the general purpose of the disclosure upon initially providing it to a prospective buyer under paragraph (1). Each disclosure provided to a prospective buyer shall be dated and signed by the installment seller and prospective buyer. (5) An installment seller shall keep a copy of each disclosure provided to a prospective buyer after the provisions of paragraph (4) are satisfied. (6) An executable installment sale contract may not be presented to a prospective buyer within one business day after the provisions of paragraph (5) are satisfied. (7) The provisions of this subsection shall not apply to the execution of an installment sale contract between an installment seller and a business. As used in this paragraph, the term "business" shall have the same meaning given to it under section 4302 (relating to definitions). (8) An installment seller found to be in violation of this subsection commits a summary offense and, upon conviction, shall be sentenced to pay a fine of not more than $500 per violation. (9) Notwithstanding paragraph (8), a violation of this subsection shall also 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. (10) The department may promulgate regulations necessary to effectuate the provisions of this subsection. Section 2. This act shall take effect in 18 months. 20250SB0483PN0496 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28