No Intent Required: UTPCPL Imposes Strict Liability for Deceptive Conduct

A common defense in consumer protection cases is that the business did not intend to deceive anyone. In Gregg v. Ameriprise Financial, Inc., 245 A.3d 637 (Pa. 2021), the Pennsylvania Supreme Court eliminated that defense for the broadest category of claims under the Unfair Trade Practices and Consumer Protection Law (UTPCPL).

The Holding

The UTPCPL, 73 P.S. section 201-1 et seq., prohibits a long list of specific deceptive practices, from bait-and-switch advertising to misrepresenting the source of goods. But the statute also includes a catch-all provision, section 201-2(4)(xxi), which prohibits any “fraudulent or deceptive conduct which creates a likelihood of confusion or misunderstanding.”

Before Gregg, there was genuine uncertainty about whether a consumer bringing a catch-all claim had to prove the business intended to deceive. The Supreme Court resolved the issue in a 4-3 decision authored by Justice Wecht: strict liability applies. The consumer need only show that the business’s conduct had the “capacity or tendency to deceive.” Intent is irrelevant.

What This Means

The practical impact is substantial. Consider a contractor who uses a misleading contract, a car dealer who omits material information about a vehicle’s history, or a financial advisor who makes overly optimistic projections. Under Gregg, the question is not whether they meant to mislead you. The question is whether their conduct had the capacity to mislead a reasonable person.

This matters in Bucks County practice because many consumer disputes involve businesses that claim ignorance or good faith. A roofer who installs the wrong materials and then claims it was an honest mistake. A used car dealer who says they did not know about the prior accident. Gregg means these excuses do not defeat a UTPCPL claim if the conduct itself was objectively deceptive.

Paired with Dwyer v. Ameriprise Financial, Inc., 313 A.3d 969 (Pa. 2024), which held that treble damages under the UTPCPL cannot be offset by punitive damages, the one-two punch of Gregg and Dwyer gives Pennsylvania consumers some of the strongest protections in the country against deceptive business practices.

If you have been harmed by unfair or deceptive business conduct, contact our office to discuss your options.