Fraudulent or negligent conduct is not necessary for a court to find a business's conduct misleading or deceptive, make sure you stay compliant.
Frequently in commercial litigation, the recovery of compensatory damages is not sufficient to make the plaintiff whole. As a result, plaintiffs often seek to recover additional damages such as attorneys' fees, litigation costs, and treble damages under a consumer protection statute. This topic will address the Pennsylvania Unfair Trade Practices and Consumer Protection Law in Pennsylvania, and various legal issues that have arisen since the statute was first adopted in 1968. The Pennsylvania statute mirrors consumer protection laws adopted in other states, and while the focus of the presentation will be upon the Pennsylvania law, there will be discussion of how other states have addressed some of the issues differently than Pennsylvania. The material will focus on practical issues that arise under the statute, such as who may bring a claim, when the claim must be brought, and what the plaintiff must prove. The course will also address specific issues that arise in cases where the claim arises from a contractual situation. The material will cover the damages that may be recovered for a violation of the UTPCPL.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
What Is the Unfair Trade Practices and Consumer Protection Law?
- History of Consumer Claims
- Adoption of UTPCPL
- Specific Statutory Provisions
What Constitutes a Violation of the UTPCPL?
- Fraudulent and Deceptive Trade Practices
- Specific Examples of Consumer Fraud
- The Catch-All Provision
What Must a Plaintiff Prove Under the UTPCPL?
Who Can Bring a Claim Under the UTPCPL?
What Is the Impact of an Integration Clause in an Agreement in Connection With a UTPCPL Claim?
What Is the Impact of the Economic Loss Doctrine on a Claim Under the UTPCPL?
Who Decides the UTPCPL Claim?
What Damages Are Recoverable?
- Ascertainable Loss
- Treble Damages
- Attorneys' Fees
What Is the Statute of Limitations for a UTPCPL Claim?
Practical Considerations
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on August 9, 2021.
Call 1-866-352-9540 for further credit information.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Glenn M. Campbell, Esquire
Post & Schell, P.C.
- Practicing law in Pennsylvania for 34 years, predominantly in the area of personal injury and property damage defense
- Over the course of 34 years of practice, has handled many cases primarily in the area of construction defect where plaintiffs sought recovery of damages under the Unfair Trade Practices and Consumer Protection Law, both in court and in compulsory arbitrations
- Has tried a number of cases involving UTPCPL claims to verdict, and has successfully defended favorable verdicts on appeal
- Has lectured on several occasions about the impact of the UTPCPL in the area of construction defect litigation
- Graduate, Dickinson School of Law, clerked one year for Chief Justice Robert N.C. Nix Jr. of the Pennsylvania Supreme Court upon graduation
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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