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Pennsylvania’s consumer protection Act adds a layer of protection to consumers entering into contracts. It  allows for the recovery of actual damages plus treble  (or triple) damages plus attorney fees for certain  forms of “deceptive” practices. Click here to see the  Act.

Lawyers filing claims for breach of contract often  include a claim for “unfair trade practice” because of  the additional damages available and to strike fear in  the heart of the defendant. In practice, the courts  look at claims of “fraud” and “unfair practices” with a  questioning eye. That, however, does not mean a  court will not award treble damages and attorney fees  in every case. Every case turns on its particular facts.

HOME IMPROVEMENT UNFAIR TRADE PRACTICES

The Home Improvement Consumer Protection Act  provides that any violation of that Act is also a  violation of the Unfair Trade Practices and Consumer  Protection Law (meaning, treble damages and  attorney fees can be recoverable), as follows:

A violation of any of the provisions of this act shall be  deemed a violation of the act of December 17, 1968  (P.L. 1224, No. 387)11, known as the Unfair Trade  Practices and Consumer Protection Law. Nothing in  this act shall preclude an owner from exercising any  right provided under the Unfair Trade Practices and  Consumer Protection Law.

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