Unfair Trade Practices
and Consumer Protection Law
Pennsylvania's Unfair Trade Practices and Consumer Protection Law is a monster to understand and work with. For our purposes here, we can make this behemoth quite manageable.
Why even discuss this law? Well, one of the biggest hurdles that tenants have in housing court is that there are few attorneys willing to work on cases pro bono. Here we have our answer: Attorneys Fees and Treble Damages (think triple the award with a funny sounding name).
If a Landlord commits an unfair methods of competition and unfair or deceptive acts then they are liable for the damage they caused, treble damages, court costs, and attorneys fees. If you are having trouble finding representation perhaps reminding your lawyer about the UTPCPL could help.
Why even discuss this law? Well, one of the biggest hurdles that tenants have in housing court is that there are few attorneys willing to work on cases pro bono. Here we have our answer: Attorneys Fees and Treble Damages (think triple the award with a funny sounding name).
If a Landlord commits an unfair methods of competition and unfair or deceptive acts then they are liable for the damage they caused, treble damages, court costs, and attorneys fees. If you are having trouble finding representation perhaps reminding your lawyer about the UTPCPL could help.
Highlights of the Law
Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or person, as a result of the use or employment by any person of a method, act or practice declared unlawful by section 3 of this act, may bring a private action to recover actual damages or one hundred dollars ($100), whichever is greater. The court may, in its discretion, award up to three times the actual damages sustained, but not less than one hundred dollars ($100), and may provide such additional relief as it deems necessary or proper. The court may award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees. UTPCPL 73 P.S. §201-9.2. Private actions.
So let's make a checklist of the elements necessary to succeed:
If this is all true, especially the causal element of the LOSS being a RESULT OF A UTPCPL UNLAWFUL ACT then the court may, in its discretion:
So let's make a checklist of the elements necessary to succeed:
- Any person
- who leases goods or services (including residential real estate)
- primarily for personal, family, or household purposes
- and thereby suffers any ascertainable loss of money or property
- as a result of an unlawful act in the UTPCPL
If this is all true, especially the causal element of the LOSS being a RESULT OF A UTPCPL UNLAWFUL ACT then the court may, in its discretion:
- Award up to three times the actual damages sustained
- provide additional relief (think specific performance)
- award costs
- reasonable attorneys fees.