When it comes to the question of whether strict liability should be applied to consumer protection laws in Pennsylvania, it all comes down to what the state General Assembly didn’t say.

On Thursday, the Pennsylvania Supreme Court heard argument in Gregg v. Ameriprise Financial Services to specifically consider whether the catchall provision of the Pennsylvania Unfair Trade Practices and Consumer Protection Law requires plaintiffs to prove negligent or fraudulent misrepresentation. During the argument session, livestreamed over YouTube, both sides focused on the language of the act, honing in on what words were used and which ones weren’t.

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