Pennsylvania

• Pages: 499-510

499

CHAPTER 40

PENNSYLVANIA

A. Scope of the Statute and Elements of a Cause of Action

The Pennsylvania Unfair Trade Practices and Consumer Protection

Law (UTPCPL)1 generally prohibits “[u]nfair methods of competition and

unfair or deceptive acts or practices in the conduct of any trade or

commerce”2 that “directly or indirectly affect[] the people of th[e]

Commonwealth.”3 The terms “trade” and “commerce” mean “the

advertising, offering for sale, sale or distribution of any services and any

property, tangible or intangible, real, personal or mixed, and any other

article, commodity, or thing of value wherever situate[d].”4 The law’s

“underlying foundation is fraud prevention”5 and not traditional antitrust

violations.

The UTPCPL declares unlawful twenty specific acts or practices listed

in the statute,6 “fraudulent or deceptive conduct which creates a likelihood

of confusion or of misunderstanding,”7 and any conduct defined in

regulations promulgated by the attorney general.8 Pennsylvania courts

may look to decisions under the Federal Trade Commission Act and the

Lanham Act for guidance in interpreting the language of the UTPCPL.9

Pennsylvania and federal courts have also looked to other Pennsylvania

statutes when interpreting the UTPCPL in certain contexts, notably the

1. 73 PA. STAT. §§ 201-1 through -10.

2. Id. § 201-3.

3. Id. § 201-2(3).

4. Id.

5. Commonwealth v. Monumental Props., 329 A.2d 812, 816 (Pa. 1974). The

statute is the principal means in the Commonwealth for “protect[ing] the

public from fraud and unfair or deceptive business practices.” Feeney v.

Disston Manor Personal Care Home, 849 A.2d 590, 597 (Pa. Super. Ct.

2004).

6. 73 PA. STAT. § 201-2(4)(i)-(xx).

7. Id. § 201-2(4)(xxi).

8. “The Attorney General may adopt, after public hearing, such rules and

regulations as may be necessary for the enforcement and administration of

this act.” Id. § 201-3.1.

9. Monumental Props., 329 A.2d at 818.