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.
