Matthew B. Weisberg of Weisberg Law. Courtesy photo Matt's Corner: Questions and Answers on Professional Responsibility and Legal Malpractice
Question: Can an attorney be held liable under the Unfair Trade Practices and Consumer Protection Law (UTPCPL)?
No—if acting in the official capacity as an attorney.
The UTPCPL entitles a prevailing plaintiff to attorney fees, treble damages, compensatory damages and punitive damages. See Dwyer v. Ameriprise Financial, 313 A.2d 969 (Pa. 2024). The UTPCPL protects consumers of goods or services from unfair or deceptive acts or practices. See 73 P.S. 201-1, et seq. A violation of the "catch-all" provision does not require mens rea (i.e., strict liability) but does require "ascertainable loss." See Gregg v. Ameriprise Financial, 245 A.3d 637 (Pa. 2021). The expenditure of attorneys fees are not an ascertainable loss. See Grimes v. Enterprise Leasing, 105 A.3d 1188 (Pa. 2014).
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