Allowing the costs associated with retaining counsel to count as an ascertainable loss under the Unfair Trade Practices and Consumer Protection Law would lead to a “cottage industry” of “private attorneys general,” an attorney representing a car rental company argued before the state Supreme Court in Philadelphia last week.
Fox Rothschild attorney Abraham C. Reich, who represented the defendant rental company in Grimes v. Enterprise Leasing, said that allowing a case to go forward where attorney fees are the only damages would lead attorneys to start looking for potential claims and then file on behalf of individuals, claiming their fees as the only losses.
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