Gregg v. Ameriprise Fin., Inc.

In Gregg v. Ameriprise Fin., Inc, the Pennsylvania Supreme Court ruled that the catch-all provision in the Commonwealth’s Unfair Trade Practices and Consumer Protection Law is a strict liability offense. As a result, a plaintiff must prove only that the defendant “engage[d] in conduct that has the potential to deceive and which creates a likelihood of confusion or misunderstanding.” The plaintiff has no burden to prove carelessness or intent. The case arose when a husband and wife sued their financial adviser. Though the couple lost their common-law claims for negligent and fraudulent misrepresentation, the trial court issued a verdict in their favor based on the catch-all provision in the consumer protection law, 73 P.S. § 201-2(4)(xxi), which prohibits commercial entities from “[e]ngaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding.” As a result, the Supreme Court affirmed the verdicts.