The Pennsylvania Supreme Court recently held that a consumer who lived outside Pennsylvania was entitled to the protections of the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”). The plaintiff in Danganan v. Guardian Protection Services lived in Washington, D.C. and purchased a security system for his home from a Pennsylvania-based company. After the plaintiff moved out of his home, he tried to cancel the contract, since he no longer needed the service. However, Guardian continued to send bills each month, claiming that the fine print in the contract permitted the ongoing billing. The plaintiff filed a class action lawsuit alleging that the company was violating Pennsylvania’s UTPCPL, which prohibits a company from engaging in “unfair or deceptive acts or practices in the conduct of any trade or commerce”.
The UTPCPL is a helpful tool for consumers because it can lead to the recovery of triple damages and attorney’s fees.
The Supreme Court stated that the UTPCPL was designed to protect vulnerable consumers from deception and exploitation by companies. The text of the UTPCPL did not restrict its application to only Pennsylvania residents. Therefore, a non-resident is entitled to assert claims under the UTPCPL. This decision is helpful for customers with cases against Pennsylvania companies, as it broadens the scope of possible claims which may be filed and may increase the likelihood of recovery.
The attorneys of Supinka & Supinka, PC are experienced in handling all types of litigation, including consumer claims.
For more information and a consultation, please call Supinka & Supinka PC (724) 349-6768.
