Pub 3 2021 Issue 2

Strictly-Scrutinized

Strictly Scrutinized: No Intent Necessary to Find Deceptive Conduct

In September 2019, the Pennsylvania Supreme Court (“Court”) agreed to review the decision in Gregg v. Ameriprise Financial, Inc. under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (“CPL”). The issue before the Court was whether the Superior Court improperly held that a strict liability standard applies to a claim under the “catch-all” provision of the CPL as amended in 1996, even though the provision expressly requires proof of “fraudulent or deceptive conduct.”