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Weinberg v. Sun Company, Inc.

In action, brought under Pennsylvania's Consumer Protection Law, where trial court denied class certification, since questions of fact applicable to each individual private plaintiff would be numerous and extensive, trial court did not err in concluding that certification requirements of commonality and numerosity were not met.

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ARGUED: January 30, 2001

OPINION OF THE COURT

Appellants in this consumer class action argue that Superior Court misconstrued the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), 73 P.S. � 201-1 et seq., and erroneously interpreted and applied the standards for class certification. The trial court denied class certification in a multi-count action brought under the UTPCPL and the common law. Superior Court affirmed in part and reversed in part, holding that the trial court erred in denying class certification as to some of the counts in the complaint. Appellees Weinberg, Guarino, and Gordon, who were purchasers of Sunoco Ultra� gasoline, filed this consumer class action in the Philadelphia County Court of Common Pleas, challenging Sunoco advertising of Ultra�. They alleged that Sunoco’s advertisements induced consumers to purchase Ultra� when their vehicles did not need the high level of octane the gasoline contained. Their complaint requested money damages on their behalf and on behalf of a nationwide class of similarly situated persons, asserting violations of the UTPCPL, the consumer fraud laws of all other states, and the common law. The common law claims alleged fraud, negligent misrepresentation, breach of express warranty, and unjust enrichment.

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