30, 36 (1986). See, e.g., Bolden v. Potamkin-Auerbach Chevrolet, Inc., 470 F. Supp. Only the first 5 bills are included here. Thus, any violation of the Act is subject to the award of not just actual damages, but also, potentially, treble damages and attorneys fees. Pennsylvania Criminal Statute of Limitations Section 201-7 of Pennsylvanias Unfair Trade Practices and Consumer Protection Law contains a sample notice of cancellation you may wish to use in your contracts. This site is protected by reCAPTCHA and the Google. Delaware. An Act providing for cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of . 517.1, et seq. While it is rare that the court awards an amount over the actual damages sustained, the threat of this occurring will often help to resolve the case outside of court, as businesses don't want to risk this ruling. Before that, there was no requirement that an agreement for home improvement be in writing. 50-624(g); Ky.Rev.Stat. Fox Rothschild LLP Attorneys at Law. 445.902; Miss.Code Ann. The law exempts from the registration requirements contractors who perform less than $5,000 worth of home improvements in a calendar year. . For more detailed information regarding a registered contractor, please email us at hic@attorneygeneral.gov. The Pennsylvania Home Improvement Consumer Protection Act There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. Initially, we must determine whether the order denying amendment of appellants' complaint is appealable. Finding next that the purpose of the Unfair Trade Practices Statute were both remedial and penal, the Court emphasized: Id. 170, 427 A.2d 730 (1981); Safeguard Inv. 327, 546 P.2d 470 (1976). . While many lawyers will be spending many hours learning the details of the Act and the interplay between and among its various provisions, we can now report on at least some of the basic details of the Act. The definition of home improvement fraud also includes misrepresenting or concealing a contractors identity while soliciting a person to enter into an agreement for home improvement services, damaging a persons property with the intent to induce, encourage or solicit a person to enter into a contract for home improvement services, misrepresenting an item as a special order material or misrepresenting the cost of any special order material, and directly or indirectly publishing a false or deceptive advertisement in violation of the Act. N.C.Gen.Stat. Id., 459 Pa. at 460, 329 A.2d at 816 (footnote omitted). [20] A uniform statute of limitations for the UTPCPL is required to preclude such uncertainty and inconsistency. Other bills that also amend the same statute are listed below. Found in 47 USC 227, the Act prevents creditors and collection agencies from contacting consumers by phone using autodial and pre-recorded messages without the consumer's prior express consent. In addition, the Act at Section 517.7 requires that in order for a home improvement contract to be valid and enforceable against the owner of residential real estate, that contract must be in the form of a signed writing bearing the contractors registration number. Box 444Pottstown, PA 19464 Pottstown Law Office Map, 13 W. Miner StreetWest Chester, PA 19382Maps & Directions, 606 Court Street., Suite 203Reading, PA 19601Maps & Directions, 570 Main StreetPennsburg, PA 18073Maps & Directions, 2023 Wolf, Baldwin & Associates, P.C. Appellants contend that, there being no express limitation on private actions under the UTPCPL, and since their claims fall within the ambit of that statute, the six-year "catchall" limitations period of section 5527(6) of the Judicial Code, 42 P.C.S. See Zerpol Corp. v. DMP Corp., 561 F. Supp. The registration number must be included not only in the more obvious forms of advertising, such as television, radio, newspaper and billboard advertising, but also on letterhead, business cards and promotional materials such as clothing and pens. No sweeping changes in legal relationships were occasioned by the CPL, since prevention of deception and the exploitation of unfair advantage has always been an object of remedial legislation. The language of section 5527(6) of the Judicial Code, however, is clear and unambiguous[23] as to what period of limitation shall apply in such instances: "Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation [must be commenced within six years]." If you continue to experience difficulties using our search function, please call 1-888-520-6680. as being based on the Federal Trade Commission Act"); Commonwealth v. Flick, 33 Pa.Commw. Charities and non-profits, and those acting on their behalf, must register and comply with the act if they offer or perform home improvements in Pennsylvania which includes entering into a contract with the homeowner. Is new home building included in the law? The plaintiffs in Murry brought suit against a mortgage lender and a subdivision developer for damages sustained as a result of defects in their newly constructed house. Plaintiffs would be uncertain as to which limitations period governed their UTPCPL claim until the court determined *395 whether their claim more closely resembled a tort action,[18] a contract action,[19] or an action under some other statute. Many homeowners don't know, however, that contractors are also prohibited from using deceptive or unfair practices in their dealings with homeowners by state law. Fasey Real Estate and Brian P. Cleere. Once again, you are amazing! Once registered, you will get a certificate and an official Pennsylvania Home Improvement Contractor number. It is a business responsibility to provide the written notice of cancellation, exactly as written in the law, otherwise if the consumer has not been notified of his rights, the entire contract may be voidable even after the three days has passed. These prohibited acts include the failure to refund the amount paid for home improvements within ten days after demand if no substantial portion of the contract work has been performed at the time of the request, and if more than forty-five days have elapsed since the starting date specified in the written contract. The act also requires all contracts for home improvements of more than $500 to be in writing and be signed by the consumer and the contractor. Pennsylvania does not have a state license to work as a handyman. Thus, if a six-year statute of limitation is allowable for UTPCPL claims, appellants' claim for treble damages and reasonable attorney's fees, although under UTPCPL, would justify an amended complaint pursuant to section 201-9.2(a) of the statute: Thus, while appellants would not technically be out of court because the claims for fraud and breach of contract and warranty were timely filed, the de facto result would be that appellants would be precluded from seeking recovery of damages and attorney's fees to which they may be entitled under the UTPCPL. 417, 404 A.2d 720 (1979) (Usury Statute). The statute of limitations . The clause states whether the facts of the dispute and related documents are confidential. On August 25, 1982, appellants filed a complaint alleging, inter alia, causes of action for breach of the implied warranty of merchantability, breach of contract, and fraudulent misrepresentation. I am in your debt for this and will always be grateful for your service", 1500 John F Kennedy Blvd., Suite 1825 Philadelphia, PA 19102. (quoting 51 Am.Jur.2d Limitations of Actions 63 (1970)). We agree for the reasons that follow. Any claims not filed with the prescribed time period are deemed stale and time-barred. Frank and Theresa GABRIEL, h/w, Appellants, 6-13.1-1; S.C.Code Ann. Representing the product or service at a particular standard when it does not meet this standard. with 15 U.S.C. The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. No. Section 517.5 - Application fees. The Arizona Supreme Court affirmed. These contracts must also include important provisions like a description of the work; an approximate start date and completion date; the total price of the contract; and notice of the consumers right to cancel the contract. 13-101 & 102; Mass.Code Ann. When the home improvement contractor registers with the Bureau of Consumer Protection the contractor is assigned a registration number. 5523 which imposes a one-year limitation upon libel actions. A non-refundable application fee of $50.00, payable to Commonwealth of Pennsylvania. organizational structure (for instance, an individual has incorporated his or her business operation), the names under which the business operates, the principals and shareholders of the business. It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. ; 52-584 ; 52-584a. Act of March 27, 1713, 1 Sm.L. Retail businesses are not required to register unless the retailer offers or performs home improvements, which includes performing installations themselves or subcontracting installation work to others who will perform the services. 201-2(4) of UTPCPL (enumerating unfair or deceptive acts or practices) with 15 U.S.C. (iii) (confusion caused by misleading tradenames). 553, 559, 382 A.2d 762, 765 (1978). We are experienced in handling a variety of Consumer Protection cases. In the case sub judice, the denial of appellants' petition to amend their complaint to include an UTPCPL claim has the effect of putting appellants out of court on a cause of action they seek to litigate. In 2008, the Pennsylvania Legislature passed the Home Improvement Consumer Protection Act. 4. Yes. The UTPCPL supplements rather than supplants traditional common law remedies with per se liability for a variety of unfair trade practices.[8]. Check or add your phone numbers to the Pennsylvania Do Not Call Registry. The law prohibits various unfair business practices such as abandoning a home improvement project or failing to complete the work. In addition, the Federal Trade Commission has invoked jurisdiction over real estate sales transactions. 201-3 (emphasis added). (xv) (misrepresentation) id. Do contractors need to display their registration number on their vehicles? (ii) The contract shall state: Harrisburg, PA 17120 Why must a home improvement contract contain the 3-day cancellation notice? 6 years (from earliest of various dates specified in the statute) No. *397 In Holley v. Coggin Pontiac, Inc., 43 N.C.App. 73 P.S. Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping work (other than work performed under the Plant Pest Act), painting, doors and windows and waterproofing. Without regard to affixation, the installation of central heating, air conditioning, storm windows or awnings. 19.86.010; Wyo.Stat.Ann. The Court of Common Pleas for Philadelphia County denied appellants' petition by order of September 15, 1986 on the *386 grounds that the statute of limitations which governs private civil actions under the UTPCPL had run. . Want High Quality, Transparent, and Affordable Legal Services? The Act at Section 517.8 also makes home improvement fraud a criminal offense, punishable as either a felony of the third degree or a misdemeanor of the first degree, depending upon the nature of the violation and the amount involved. At issue in this matter is the appropriate statute of limitations for private actions under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). See 73 P.S. 42 P.C.S. The Act applies to any person who owns and operates a home improvement business or who undertakes offers or agrees to perform any home improvement, including a subcontractor who has contracted with a home improvement retailer to provide home improvement services to the retailers customers. For instance, under this state law, only agreements that are in writing are considered legally enforceable. In the case sub judice, *393 the trial court reasoned that such actions were governed by the two-year limitations period for actions for fraud and deceit: By contrast, a federal district court sitting in Pennsylvania applied a one-year limitation period to a trade disparagement claim brought under the UTPCPL. [6] The UTPCPL was designed to promote full disclosure of information to consumers and "to equalize market position and strength of the consumer vis-a-vis the seller." . 618 (E.D.Pa. If contractors wish to display it, they may but they are not required to do so. Id. Any changes should be reported to the Bureau, including, but not limited to, changes in: The number is 1-888-520-6680. Philadelphia home contractor fraud lawyer, Most Common Types Of Home Improvement Fraud In Pennsylvania, Philadelphia Contractor Faces Criminal Charges For Defrauding At Least 10 Homeowners, Philadelphia Home Contractor Allegedly Absconds With Victims Security Deposit, Mill Hall Roofing Contractor Faces Charges For Home Improvement Fraud, Three Red Flags To Avoid When Hiring A Home Contractor, Serving the Philadelphia Metropolitan Area. How can I advise consumers of their cancellation rights? The statute of limitations may be held in abeyance or tolled by the incapacity of one of the parties. He articulated all of the details of my case very clearly and in a timely manner. Employees of apartment buildings, condominiums, and community associations who are performing work on the property within the scope of their employment with these businesses do not need to register. 1 P.C.S. 201-1 et seq. Only the first 5 bills are included here. . 1982); Wilkinson v. Smith, 639 P.2d 768 (Wash.App. The UTPCPL contains a list of offenses that are deemed to be unfair competition or unfair methods and practices. You need to enable JavaScript to run this app. A description of the work to be performed; The approximate start and completion dates for the project; Any specifications that cannot be changed in the absence of a written change order that is signed by both parties; The total sales price due upon completion of the job; and. Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 462, 329 A.2d 812, 817-18 (1974) (the UPTCLP "has regularly been interpreted. 201-2(4)(iv) (misdescriptive statements as to geographic origin) Compare id. Landscapers whose work is limited to services performed under Pennsylvanias Plant Pest Act do not need to register. Attorney's use this law to demand justice against both real and perceived threats. Section 517.8 - Home improvement fraud (a) Offense defined.-- A person commits the offense of home improvement fraud if, with intent to defraud or injure anyone or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor: The terms that are required to be in every home improvement contract, and provisions that cannot be included, are set forth in Section 517.7 of the law which you can review here. Your professionalism and understanding that bad things sometimes happen to good people along with understanding relationships were key elements in convincing Judge Thomasine Tynes to dismiss my case. Section 517.8 - Home improvement fraud. Last Action: This bill amends the act of October 17, 2008 (P.L.1645, No.0132), known as the Home Improvement Consumer Protection Act - Enactment. 201-2(4)(viii). 3101, et seq. 229, 259 S.E.2d 1 (1979), the Court of Appeals of North Carolina was required to determine the appropriate statute of limitations for the North Carolina Unfair Trade Practices Statute. In short, no home improvement contractor will be permitted to use any form of advertising or promotional material that does not allow the consumer to trace that contractor through a registration number to the Pennsylvania Bureau of Consumer Protection. The operative provision of the Unfair Trade Practices and Consumer Protection Law provides: "Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . 121 1/2, 261; Iowa Code Ann. A home improvement retailer having a net worth of more than $50,000,000 or an employee of that retailer that does not perform home improvements. 45.50.481(a)(1) says that the statute does not apply to "an act or transaction regulated under laws administered by the state, by a regulatory board or commission except as Pennsylvania's Home Improvement Consumer Protection Act ("HICPA" or the "Act") was enacted to protect consumers from the unfair trade practices and fraudulent activities of home improvement contractors. [21] Until 1983, fraud actions were subject to a six-year statute of limitations. Statute of Limitations on Contract/Sales in Pennsylvania Pennsylvania law is replete with various statutes of limitation, governing the length of time which aggrieved parties have in order to file their claims in the appropriate court. under the pennsylvania home improvement consumer protection act (pa hicpa) (effective july 1, 2009), for all home improvements in pennsylvania with an actual cash value in excess of $500.00 the contractor will have to provide, to the homeowner, a formal written contract that meets the all of the requirements of . If the contract includes a time and materials provision: Thank you Lou! What are the limits on down payments or deposits? The Act drastically alters the regulatory environment of the home . Section 517.6 - Proof of registration. [16] Id. The premises were previously owned by appellee. The timely appeal of this important question followed. Definitions As used in this act. 17.45; Va.Code Ann. 1125(a), which provides: Any person who shall affix, apply, or annex, or use in connection with any goods or services, or any container or containers for goods, a false designation or origin, or any false description or representation, including words or symbols tending falsely to describe or represent the same, and shall cause such goods to enter into commerce . 30-14-102; Neb.Rev.Stat. You can explore additional available newsletters here. I was pleased with the results and would highly recommend his service to anyone seeking consumer help. The bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. We find further support for our determination in the decisions of the courts of other states which have concluded likewise. Informs the consumer in writing that any cost beyond the contract price (initial cost estimate plus 10%) must be agreed to by the homeowner in a written change order. Under the Home Improvement Consumer Protection Act, every contract for home improvements needs to be written, legible and signed by the consumer and the contractor (or their representatives). In addition, in applying for such registration, the applicant must state whether the individuals making the application, even if applying as part of a larger business entity, have ever been convicted of any criminal offense related to a home improvement transaction, fraud, theft, a crime of deception or any crime involving fraudulent business practices, as well as a statement of whether the applicant has ever filed a petition of bankruptcy or, within the last ten years had a final civil judgment entered against the applicant or business in which the applicant held an interest that was related to a home improvement transaction. Section 517.7 - Home improvement contracts. [17] Consequently, the use of the standard employed by the trial court in the case at bar to select a limitations period threatens a multiplicity of potentially applicable statutes of repose for UTPCPL actions. This amendment applies only to causes of action accruing after its effective date in February, 1983. How should I list the Bureau of Consumer Protection's phone number in my contracts? For a full discussion and comparison of state unfair competition statutes, see generally, Sibert, Enforcement of State Deceptive Trade Practice Statutes, 42 Tenn.L.Rev. Click here for more information. You need to enable JavaScript to run this app. 6-1-102; Conn.Gen.Stat.Ann. v. Commonwealth, 58 Pa.Commw. It appears that the Pennsylvania legislature has heard those stories as well, for on July 1, 2009, a new Home Improvement Consumer Protection Act will take effect in the Commonwealth of Pennsylvania. The term home improvement also includes construction, replacement, installation or improvement of driveways, swimming pools, porches, garage roofs, HVAC and solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, windows, awnings and waterproofing. Instead, the UTPCPL creates a civil action which is separate and distinct from appellants' other causes of action and for which the legislature provided no limitations period. Barr, supra, 520 A.2d at 490. Pennsylvania's UTPCPL is modeled on the Federal Trade Commission Act. How is emergency work handled under the Home Improvement Consumer Protection Act? Share it with your network! Please click here to contact us. . The contract must set forth the entire agreement, including, among other things, the approximate start date and completion date, a complete description of the work to be performed, the total sales price due under the contract, and the amount of any down payment required plus any amount to be advanced for the purchase of special order materials. N.C.Gen.Stat. In Barr v. General Accident Group Ins. (xi) (fictitious price cuts). 5522-5527. The remedies of the UTPCPL are not exclusive but in addition to these other remedies. Where should I put my registration number in my advertisements and contracts? You already receive all suggested Justia Opinion Summary Newsletters. In the case of Merv Swing Agency, Inc. v. Graham Co., 579 F. Supp. 407.010; Mont.Rev.Code Ann. Pennsylvania law allows third party collection agencies and original creditors to file a lawsuit for unpaid medical bills. . The text of the clause is written in all capital letters and in 12 point boldface type; The parties assent to be bound by the clause as evidenced by a dated signature; The provision states whether the decision of the arbitration is binding or can be appealed; and. Richard J. Raab, Philadelphia, Fasey Real Estate, appellee. A non-refundable fee of $50.00, payable to Commonwealth of Pennsylvania must accompany each application. This approach, however, yielded inconsistent determinations. 6 years for contracts3 years for torts2 years for negligence. Limitation periods range from six months If you need help with Pennsylvania unfair trade practices and consumer protection law, you can post your legal need on UpCounsel's marketplace. You do not need to include extra zeroes which come before your number but you must have these letters and your actual registration number. with 15 U.S.C. We suggest that you include the following language in your contracts, and display it prominently so your customers can review it: The official registration number of [contractor name] can be obtained from the Pennsylvania Office of Attorney Generals Bureau of Consumer Protection by calling toll-free within Pennsylvania 1-888-520-6680. The Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) 73 P.S. 276, 513 A.2d 427 (1986) (Unfair Insurance Practices Act); Culbreth v. Lawrence J. Miller, 328 Pa.Super. 2725(a). The law says that registration numbers must be included in all advertisements, contracts, estimates and proposals - how do I display my number? This provision states: The following actions and proceedings must be commenced within two years: (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. . 1981); Rosenthal v. Perkins, 42 N.C.App. For instance, if you were assigned PA000372, you may list your number that way, or simply use PA372. Registration does not imply endorsement.. The statute of limitations for filing a lawsuit in Pennsylvania for unpaid unsecured debt is four years. 724 (1972). Consumersare able to call this number to check whether a contractor is registered with the Office of Attorney General. Shortly after taking possession of the realty, appellants discovered an allegedly substantial defect in the main soil stack pipe from the cellar to the second floor bath of the house and a leak in the rainspout from the front porch of the house into the cellar. A link to that law is provided here. After registering, a home improvement contractor registration certificate will be issued to the contractor. Does the law apply to out-of-state contractors? What is the toll-free telephone number for the Bureau of Consumer Protection that needs to be included in home improvement contracts? If a contractor has an ad for their business on their vehicle, the ad must include their registration number. 1409, No. [5] Thus, although a claim under the UTPCPL brings forth a new cause of action, it also spawns a new statute of limitation period, to be discussed infra. A home improvement contract can be voided by the homeowner if it fails to contain required terms, or if it contains prohibited terms. 449, 257 S.E.2d 63 (1979); Sherrod v. Holzshuh, 274 Or. The Act also prohibits a home improvement contractor from changing the contractors name, address, liability insurance information or any other identifying information in a fraudulent or deceptive manner likely to cause confusion or misunderstanding without advising the owner in writing within ten days following any such change. What needs to be in contracts for home improvements? The enforcement of this law falls under the jurisdiction of the Consumer Protection Bureau of the Pennsylvania Attorney General's office. 5, 213; Md.Com.Law Code Ann. What is the Home Improvement Consumer Protection Act? 201-3 ("Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . (xiv). Home improvement contractor registrations are valid for two years, and must be renewed biennially. Yes, subcontractors who perform home improvements must register even if they do not enter agreements directly with consumers. to ensure the fairness of market transactions. In order to avoid confusion, the Act requires that the amount of the down payment and the cost of special order materials be listed separately. 2725(a) (U.C.C. Accordingly, the order of the *399 trial court is reversed and permission to amend the complaint is granted. 326, 1982 Pa.Laws 1409, 1440. See American Oil Co. v. Norkus, 358 Pa. 407, 57 A.2d 868 (1948) (common law tradename infringement). 1125(a) (reproduced footnote 6, supra). Compare 73 P.S. :The Act applies to condominiums created after the Act's effective date (120 days from July 2, 1980). In fact, this state law also applies to construction done on swimming pools, porches, driveways, garages, patios, fences, and sheds. 282, 286, 507 A.2d 1230, 1232 (1986) (citations omitted). 6, 2511; Ga.Code Ann. 2019 - 2023 ConsumerLawPA, Attorneys at Law. The failure to register is a violation of the law and unregistered contractors face legal action, including civil penalties of $1,000 or more. [7] Compare 73 P.S. Cf. The court drew an analogy between common law libel and the plaintiff's disparagement claim pursuant to the UTPCPL, concluding: The analysis employed by both the federal district court in Merv Swing and by the lower court in the case at bar in *394 selecting a statute of limitations for the UTPCPL involved application of the most closely analogous limitations period. The Act, located at 73 Pa.C.S. The issue in this case is whether another statute of limitation under the UTPCPL is equally applicable rather than the two-year statute for fraud. 404, 408 (E.D.Pa. Another ruling for those who violate deceptive trade practices may be an injunction against engaging in that business, either temporarily or permanently. tit. 75-1.1 et seq. (ix) and (x) (bait advertising); id. at 8 (quoting a transmittal memorandum from the attorney general). (emphasis added). HOA LAWS AND REGULATIONS. 5527(6). Yes. You must include the abbreviation PAand the number assigned to you (example: PA123456). The amendment of appellants' complaint to include a claim for violation of the Unfair Trade Practices and Consumer Protection Law does plead a new cause of action, but also brings forth a consideration of another statute of limitations in addition to the two-year statute of limitation for common law fraud. Are in writing are considered legally enforceable General ) id., 459 Pa. 460... Real estate sales transactions real estate, appellee your number but you must have these letters pennsylvania home improvement consumer protection act statute of limitations actual. 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Number that way, or simply use PA372 x ) ( Usury statute no! Theresa GABRIEL, h/w, appellants, 6-13.1-1 ; S.C.Code Ann conduct of any Trade or commerce x... ) no practices or inequitable competition the courts of other states which have concluded likewise at! Improvement Consumer Protection the contractor is assigned a registration number contains a list of offenses that are deemed and!, Inc., 470 F. Supp Inc., 470 F. Supp ; s unfair Trade practices may an! Perform home improvements in a calendar year, 404 A.2d 720 ( )... All-Inclusive limitation of actions 63 ( 1970 ) ) of one of the Pennsylvania legislature passed the home contractor! 397 in Holley v. Coggin Pontiac, Inc., 470 F. Supp passed the improvement... Perkins, 42 N.C.App cause of action for antitrust conduct, for indirect purchaser recovery under antitrust... Contracts for home improvement contract can be voided by the incapacity of one of the Pennsylvania legislature 1976! Or tolled by the incapacity of one of the parties or awnings a improvement.
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