On Feb. 21, the Pennsylvania Supreme Court issued a 4-3 decision in Gregg v. Amerprise Financial, ___ A.3d ___ (Pa. Feb. 17, 2021), holding for the first time that a business' state of mind is irrelevant for a consumer to sustain a private cause of action under the "catch-all" provision of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Sections 201-1 to 201-9.3 (the UTPCPL or Consumer Protection Law). Now, any deceptive conduct that creates a likelihood of confusion or misunderstanding for a consumer is actionable under the provision, regardless of whether such conduct is committed intentionally (as in a fraudulent misrepresentation), carelessly (as in a negligent misrepresentation), or with the utmost care (as in strict liability).

Because the reach of the Consumer Protection Law is so vast, covering virtually every form of trade or commerce conducted with a consumer in Pennsylvania, practically all businesses across the commonwealth will be impacted by the ruling—from manufacturers to construction companies to banks to insurance companies to healthcare providers to mortgage companies. Businesses therefore must take proactive measures to eliminate or mitigate their exposure under the new strict liability regime sanctioned by the court.