Two cases were decided recently in which PCCJR participated through filing amicus briefs, otherwise know as “friend of the court” briefs.
In Gregg vs. Ameriprise, the Pennsylvania Supreme Court issued a 4-3 decision holding for the first time that “state of mind” or intent is irrelevant under the “catch-all” provision of the Unfair Trade Practices and Consumer Protection Law. This ruling comes even though the provision expressly requires proof of “fraudulent or deceptive conduct.”
Under a new “strict liability” standard, any deceptive conduct that creates a likelihood of confusion or misunderstanding for a consumer is actionable under the “catch-all” provision, regardless of whether such conduct is committed intentionally (as in a fraudulent misrepresentation), carelessly (as in a negligent misrepresentation), or with the utmost care (as in strict liability). This decision is expected to open the litigation floodgates as mere buyers remorse will now be cause to sue, should a plaintiff allege they did not understand a transaction.
To learn more about PCCJR’s amicus brief efforts and cases’ current status, visit the amicus brief landing page on our website.