”Deceptive” Language In a Contract With a Consumer

In Commonwealth v. Percudani, 825 A.2d 743 (Pa. Cmwlth. 2003), a company added to its consumer contracts a paragraph stating that the contract could not be cancelled once the consumer's legal right of rescission had expired and that the consumer would be liable for liquidated damages for any subsequent breach or termination of the contract.

The Court stated that the language might be "deceptive to the ordinary consumer" because it could be interpreted to mean that the consumer has waived its right to assert legal defenses in a judicial action. Percudani, 825 A.2d at 746.