Category Archives: pennsylvania unfair trade practices

What is the Standard Under the Pennsylvania Unfair Trade Practices and Consumer Protection Law for Assessing Personal Liability?

Recently, a Pennsylvania court was asked to determine the standard for finding personal liability against individuals under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”).  Greg and Sandra, et al., v. A.T. Masterpiece Homes at Broadsprings, LLC, No. 1302 MDA 2011 (Pa. Super. Ct. 2012).

In that case, the court held that there would be personal liability because the jury found “misleading conduct.”  The underlying facts involved a contractor who had constructed a home through his company.  The assertion was that he had performed a substandard job which rose to the level of violation of the UTPCPL. The question was whether he would be personally liable for the acts of his company.

One of the bases for the Court’s ruling was that the individual principal of the contractor reassured the homeowners repeatedly that the work would be performed correctly and that he would take care of any of their concerns.  This was critical to the determination that personal liability would be appropriate.

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