Pittsburgh Legal Back Talk

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

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Is the Plaintiff Required to Prove a UTPCPL Fraud Case Under the Preponderance of the Evidence Standard or the Clear and Convincing Evidence Standard?

No. 1,163 ROBERT J. BOEHM AND BEVERLY LYNN BOEHM V. RIVERSOURCE LIFE INSURANCE CO. AND JAMES DAY II., 2015 PA Super 120. Robert Boehm and his wife brought suit under, inter alia, the Unfair Trade Practices Consumer Protection Act (UTPCPL) against Riversource Life Insurance. The Boehm’s alleged fraudulent misrepresentation in connection with the sale of […]

The UTPCPL Catch-all Provision and Common Law Fraud.

The Unfair Trade Practices and Consumer Protection Law (UTPCPL) contains 20 specifically enumerated sections where its provisions apply and one “catch-all” provision. The catch-all provision is set forth in 73 Pa.S.A. § 201-2(4)(xxi).

UTPCPL Authorizes Private Suit under Dog Purchaser Protection Provisions, but not the Award of a Civil Penalty.

The Dog provisions mandate that sellers supply certain information to buyers of dogs. In particular, if a dog is represented to be registered or registerable, the seller must provide the name and address of the breeder and information relating to the dam and sire of the dog’s litter. 73 P.S. § 201-9.3(f)(1). Except under certain circumstances that do not exist in this case, all documentation necessary to effect the registration of the dog must be furnished by the seller within one hundred twenty days of the sale. 73 P.S. § 201-9.3(f)(2). A seller’s failure to provide the required information affords the buyer a choice of two remedies: return the dog for a refund of the full purchase price, not including sales tax; or retain the dog and receive a refund in an amount equal to fifty per cent of the purchase price. 73 P.S. § 201-9.3(f)(3).

UTPCPL Seminar Scheduled For December 17

I have committed to present a new seminar on the Unfair Trade Practices Consumer Protection Law UTPCPL). As in the past, this seminars sponsored by CCAC and will probably be presented at the North Campus. The session, which will be from 6:30 to 9:30 PM, will be eligible for 3 hours of Pennsylvania Continuing Legal Education (CLE) credit.

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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.

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