Pennsylvania Consumer Law

In Pennsylvania, the mini-FTC act is 73 P.S. §§ 201-1 – 201-9.3.  Under this legislation, plaintiffs have a cause of action when a natural person, corporation, trust, partnership, incorporated or unincorporated association, or other legal entity engages in prohibited “unfair methods of competition” or “unfair or deceptive acts or practices,” which are defined in § 201-2(4).   To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct.  There is a statute of limitations for actions under the statute of 6 years.

A successful plaintiff is entitled to actual damages or one hundred dollars ($100), whichever is greater and whatever relief the court deems “necessary and proper” up to treble damages, as potential remedies for a violation.  Damages under the statute are not capped, and attorneys’ fees are recoverable at the court’s discretion.  Class actions are permitted under the statute.