Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

1644 Posts and Counting

What is a Unicorn?

No. 1,632 I’ve been running across references to unicorns in books, blog posts and even in the funny papers. Sometimes the author assumes we know what she is talking about or explains the term in a cursory fashion. In her book, Insight, therapist Tasha Urich used the term “unicorns” to discuss people who greatly improve […]

When Should a Court Award Treble Damages Under UTPCPL?

No. 1,362 E.S. MANAGEMENT v. GAO et al., 2017 PA Super 362 (November 15, 2017 A group of students, all citizens of China, were searching for housing for the 2014-2015 school year at Carnegie Mellon University.  While still overseas, they asked a friend to look at an apartment being advertised by E. S. Management.  E. […]


No. 1,349 NEXUS REAL ESTATE, LLC v. ERICKSON, 1217 Pa. Super 180 (2017) Just before his lease was about to renew, a two-by-two portion of the ceiling fell into the bath tub of John Erickson’s apartment.  He called his landlord and learned that the building had been sold. So the information was relayed to a […]

Does UTPCPL Apply to Real Estate Sales?

No. 1,197 BENNETT v. A.T. MASTERPIECE HOMES, 40 A.ed 145, 2012 Pa. Super. 60 (2012). SCHWARTZ v. ROCKEY, 593 Pa. 536 (2007) At the present time, it is firmly established in case law that the Unfair Trade Practices Consumer Protection Law, 73 P.S. § 201 et seq. may be applied in real estate transactions.  The […]

UTPCPL Seminar at CCAC a Success.

No. 1,195 Last night, August 3, I gave a 3 hour Continuing Legal Education Seminar on Unfair Trade Practices Consumer Protection Law Litigation.  Based upon reaction from the students, lawyers earning their CLE credits, the seminar was a success. I’ll be giving it again on August 13 at the CCAC West Hills at 6:30 PM. […]

UTPCPL Does Not Apply to Physicians Rendering Medical Services or Attorneys Performing Professional Services.

No. 1,194 WALTER v. MAGEE-WOMENS HOSPITAL, 867 A. 2d 400 (Pa. Super, 2005). BEYERS v. FORCENO & ORANGIO, P.C., 937 A.2d 1082 (Pa. Supreme Ct. 2007) GLOVER v. UDREN LAW OFFICES, P.C. et. al. 92 A.3d 24 (Pa. Super. 2014). The Pennsylvania Unfair Trade Practices Consumer Protection Law (UTPCPL) provides a remedy for unfair methods […]

Does a Consumer Have a Remedy When He Learns that a Used Computer Was Grossly Overpriced?

No. 1,175 Is there anything I can do about a rent-a-center agreement?   Q:I went to rent a center for a computer, the retail price they advertised was $1199. I thought that meant that is what it was worth, maybe a little extra for the fact that it’s rent to own. Anyways i found out […]

Can the practice of “Astroturfing” be prosecuted under the UTPCPL?

No. 1,173                   According to Dictionary.com: “Astroturfing is the deceptive tactic of simulating grassroots support for a product, cause, etc., undertaken by people or organizations with an interest in shaping public opinion.” When artificial grass came on the scene, it was used in the enclosed Astrodome.  Hence the name. Astroturfing can include paying people to write favorable on-line reviews in websites where customers report on products and services for the benefit of […]

Is the Cost of Hiring an Attorney an “Ascertainable Loss” under UTPCPL?

Grimes filed a six-count complaint, including a claim for damages under the UTPCPL catch-all provision. In addition to other requirements, a UTPCPL plaintiff must prove that, as a result of the UTPCPL violation, he or she suffered an “ascertainable loss of money or property, real or personal.” Plaintiff plead that she had incurred the cost of retaining an attorney. The Superior Court held that such an expenditure qualified as an ascertainable loss. The Supreme Court granted a petition for allowance of appeal and reversed the Superior Court holding.


The central issue on appeal, according to the Superior Court, was whether individual, justifiable reliance is required for private actions under Section 201-9.2 of the UTPCPL.

keep looking »


CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

  • Recent Posts

  • Posts You Might Like

  • Subscribe to our feed