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.