It is inevitable. At some point, every company in the consumer product and services industry in Pennsylvania will find itself on the other end of a consumer complaint filed with the Pennsylvania Office of Attorney General. For some companies, these complaints are one-offs, settled informally with a consumer protection agent acting as a mediator. For other companies, these complaints become full-blown government investigations and enforcement actions. While a variety of consumer protection statutes apply to the Pennsylvania consumer product and service industry, the attorney general relies upon the Unfair Trade Practices and Consumer Protection Law most. Below is a list of the most common questions that companies ask me during these investigations—and my answers.

What Is the Pennsylvania Unfair Trade Practices and Consumer Protection Law?

The Unfair Trade Practices and Consumer Protection Law (UTPCPL), 73 P.S. Section 201-1 et seq., is a Pennsylvania statute that prohibits “unfair methods of competition” and “unfair or deceptive acts or practices.” The UTPCPL, along with its regulations, 37 Pa.Code Section 301 et seq., are geared toward companies in the consumer product and service industries. Violations of other statutes, such as the Telemarketer Registration Act, can also be violations of the UTPCPL.

What Are ‘Unfair Methods of Competition’ and ‘Unfair or Deceptive Acts or Practices’?