Broad Consumer Law Could Cause 'Mischief,' Pa. Justice Says
Law360 (May 21, 2020, 7:25 PM EDT) -- A member of Pennsylvania's highest court suggested during oral arguments on Thursday that allowing consumer protection claims to move forward without proof of intent to defraud or deceive could lead to "mischief" on the part of individuals looking to back out of business transactions.
Justice Max Baer said that imposing only a strict liability standard on claims of fraudulent or deceptive conduct under the state's Unfair Trade Practices and Consumer Protection Law could potentially lead to lawsuits stemming from a simple case of buyer's remorse.
"It allows for mischief if the buyer has buyer's remorse three days or, indeed, three months...
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