Pennsylvania § 6902 - Definitions.

§ 6902. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Advertisement." A written, visual or oral communication made to a lessee or prospective lessee by means of personal representation, newspaper, magazine, circular, billboard, direct mailing, sign, radio, television, telephone or other means of communication that aids, promotes or assists, directly or indirectly, a rental-purchase agreement.

"Cash price." The price at which the lessor would offer to sell in the ordinary course of business the same or similar property for cash on the day the lessee enters into a rental-purchase agreement.

"Lessee." A person who rents personal property pursuant to a rental-purchase agreement.

"Lessor." A person who, in the ordinary course of business, regularly offers to rent or arranges for personal property to be rented pursuant to a rental-purchase agreement. A lessor is a creditor as defined in 37 Pa. Code § 303.2 (relating to definitions) when owed or alleged to be owed a debt and is subject to 37 Pa. Code Ch. 303 (relating to debt collection trade practices).

"Personal property." Any property that is not real property under the laws of the state where it is located when it is offered or made available for a rental-purchase agreement.

"Rental-purchase agreement." An agreement for the use of personal property by an individual primarily for personal, family or household purposes for an initial period of four months or less that is automatically renewable with each rental payment after the initial period and that permits the lessee to acquire ownership of the property. The term shall not be construed to be, nor is it subject to laws governing, any of the following:

(1) A lease for agricultural, business or commercial purposes.

(2) A lease made to an organization.

(3) A lease of money or intangible personal property.

(4) A lease of a motor vehicle, motor home, mobile home or manufactured housing.

(5) A home solicitation sale under section 7 of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.

(6) A closed-end credit agreement, open-end credit agreement or sale as defined in 12 Pa.C.S. § 6302 (relating to definitions).

(7) A security interest as defined in 13 Pa.C.S. § 1201 (relating to general definitions).

"Rental-purchase property." Personal property displayed or offered by a lessor to consumers for rental-purchase agreements at a physical location where 50% or more of revenue is derived from rental-purchase agreements.

(Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Nov. 27, 2013, P.L.1081, No.98, eff. one year; July 11, 2022, P.L.1536, No.82, eff. 60 days)

2022 Amendment. Act 82 added the def. of "rental-purchase property."

2013 Amendment. Act 98 amended the def. of "rental-purchase agreement."