Pa. Court Favors Enterprise in Consumer Protection Appeal

December 15, 2014 – In The News
Law360

Abraham Reich and Theodore Jobes were quoted in the Law360 article, “Pa. Court Favors Enterprise in Consumer Protection Appeal.” Full text can be found in the December 15, 2014, issue, but a synopsis is below.

The Pennsylvania Supreme Court stated that the “ascertainable loss” standard set forth under a state consumer protection law excludes losses incurred from retaining counsel. This neutralized the suit against an Enterprise Holdings Inc. branch for supposedly misleading a customer with deceptive fees.

Abraham Reich, who represents Enterprise in the case, explained that loosening the standards would open the state to a tidal wave of litigation from plaintiffs alleging deceptive behavior on the part of companies.

“What you will create is a cottage industry of lawyers ... looking for deceptive conduct,” Reich stated.

The high court agreed, saying the lax definition would make it too easy to bring frivolous suits under the UTPCPL.

Enterprise is represented by Abraham Reich and Theodore Jobes of Fox Rothschild LLP.