The state of Pennsylvania is not a “person in interest” who can recover restoration under the Unfair Trade Practices and Consumer Protection Law, a split Commonwealth Court en banc has ruled in a case of first impression, tossing out a suit filed by then-Attorney General Kathleen Kane against a statewide operator of skilled nursing facilities.
In a lengthy opinion addressing 12 preliminary objections filed by defendants Golden Gate National Senior Care and its dozens of related entities, the majority dismissed the state’s amended complaint, which had accused the defendants of violating the UTPCPL by making misrepresentations in marketing material, as well as making misleading statements about the level of care that would be provided to residents and failing to provide basic care.
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