Consumer Protection & Warranty Litigation

Pennsylvania provides robust consumer protection remedies — and the fee-shifting provisions in the Unfair Trade Practices and Consumer Protection Law (UTPCPL) make these claims viable even for smaller amounts that wouldn't justify traditional litigation.

The Pennsylvania UTPCPL (73 P.S. § 201-1 et seq.)

The UTPCPL is Pennsylvania's primary consumer protection statute. It prohibits "unfair methods of competition" and "unfair or deceptive acts or practices" in trade or commerce. The statute enumerates over 20 specific prohibited practices, including:

• Misrepresenting the nature, quality, or grade of goods or services
• Advertising goods or services with intent not to sell them as advertised (bait and switch)
• Making false or misleading statements about the reasons for price reductions
• Engaging in any other fraudulent or deceptive conduct that creates a likelihood of confusion or misunderstanding

The "catch-all" provision (§ 201-2(4)(xxi)) is the most frequently litigated — it requires proof that the defendant's conduct was deceptive and that the plaintiff justifiably relied on the deception to their detriment.

Why UTPCPL Claims Matter

Treble damages: If you prevail on a UTPCPL claim, the court may award up to three times the actual damages. This multiplier makes even modest claims worth pursuing.

Attorney's fees: The UTPCPL is a fee-shifting statute — the prevailing consumer can recover attorney's fees from the defendant. This is a significant exception to Pennsylvania's general "American Rule" (each side pays their own fees).

Private right of action: Individual consumers can sue directly under the UTPCPL. You don't need the Attorney General to bring the case for you.

Common UTPCPL Claims

• Home improvement fraud: Contractors who take deposits and disappear, perform shoddy work, or misrepresent their qualifications or licensing
• Used vehicle misrepresentation: Dealers who conceal accident history, roll back odometers (also a federal offense under 49 U.S.C. § 32703), or sell vehicles with undisclosed mechanical defects
• Seller disclosure fraud: Sellers of residential property who misrepresent conditions on the disclosure form (overlaps with the Real Estate Seller Disclosure Law)
• Debt collection abuse: Collectors who harass, threaten, or misrepresent debts (also covered by the federal FDCPA, 15 U.S.C. § 1692)
• Service provider fraud: Businesses that charge for services not rendered, misrepresent qualifications, or engage in bait-and-switch pricing

Vehicle Defect Claims — Lemon Law & Warranty Litigation

Pennsylvania has two primary frameworks for vehicle defect claims:

The Pennsylvania Automobile Lemon Law (73 P.S. § 1951 et seq.): Applies to new motor vehicles purchased or leased in Pennsylvania. If the vehicle has a defect covered by the manufacturer's warranty that substantially impairs its use, value, or safety, and the manufacturer or dealer cannot repair it after a reasonable number of attempts, the consumer is entitled to a replacement vehicle or refund.

• Three or more repair attempts for the same defect, OR
• The vehicle has been out of service for 30 or more cumulative calendar days due to warranty repairs
• Must be reported within the first year or 12,000 miles (whichever comes first) and the manufacturer/dealer must have a reasonable number of repair attempts
• Remedies: full refund (minus a reasonable allowance for use) or replacement vehicle
• Manufacturer pays the consumer's attorney's fees if the consumer prevails

Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.): Federal statute that governs consumer product warranties. Applies to both new and used vehicles (if a written warranty was provided). Allows consumers to sue for breach of written warranty, breach of implied warranty, or violations of the Act. Key benefit: fee-shifting (prevailing consumer recovers attorney's fees and costs).

UCC Implied Warranty of Merchantability (13 Pa.C.S. § 2314): Every sale of goods by a merchant carries an implied warranty that the goods are fit for their ordinary purpose. A vehicle that has serious mechanical defects at the time of sale may breach this warranty — even if the seller made no express promises. Note: used car dealers sometimes attempt to disclaim implied warranties with "as-is" language. Under the Magnuson-Moss Act, if a dealer gives any written warranty, they cannot disclaim implied warranties. And some "as-is" disclaimers may be unconscionable or ineffective under the UCC.

Bucks County Used Car Lemon Law (Ordinance No. 168)

Effective January 1, 2023, Bucks County enacted its own Used Car Lemon Law — a local ordinance that provides warranty protections for used car buyers that do not exist under Pennsylvania state law. This is significant: Pennsylvania's state Lemon Law covers only new vehicles, leaving used car buyers with limited remedies. Bucks County filled the gap.

What the ordinance requires: Licensed used car dealers in Bucks County must (1) ensure the vehicle passes PA emissions and safety inspections at the time of sale and (2) provide a written warranty covering material defects of specified components.

Warranty coverage by mileage:

Vehicle Mileage at Sale	Warranty Duration
24,000 miles or less	90 days or 3,000 miles, whichever first
24,001 – 59,999 miles	60 days or 2,000 miles, whichever first
60,000 – 100,000 miles	30 days or 1,000 miles, whichever first

Covered components: Engine, transmission (automatic and manual), transfer case, and all internal lubricated parts, axle shafts — for both front-wheel and rear-wheel drive. The $50 deductible per repair applies.

Refund trigger: If the dealer cannot fix the same material defect after 3 repair attempts, or the vehicle is out of service for 20+ cumulative days during the warranty period, the dealer must repurchase the vehicle and refund the full purchase price (minus reasonable wear/tear and use allowance).

Inspection protection: If the vehicle fails PA inspection within 10 days of sale, the dealer must fix it or take it back. Get an independent third-party inspection immediately after purchase.

Not covered: Private sales (dealer sales only), vehicles under $3,000, vehicles over 7 model years old, vehicles over 100,000 miles, and total-loss vehicles (if disclosed). Consumers may waive the warranty for vehicles over 60,000 miles in exchange for a lower purchase price — but the waiver must be in writing and separately signed.

Unlawful dealer practices: The ordinance prohibits misrepresenting mechanical condition, concealing material defects (bent frame, cracked engine block, flood damage, failed transmission), and misrepresenting warranty terms. Violations are enforceable as summary offenses with fines of $100–$1,000 per violation per day.

Practical Considerations

Documentation is everything: Keep all repair orders, invoices, correspondence, and a written log of each defect occurrence. Photograph or video defects. For vehicle claims, ensure every visit to the dealer is documented in writing — verbal promises are difficult to prove.

Notice requirements: Both the Lemon Law and the UCC require the consumer to give the manufacturer/seller an opportunity to cure the defect before filing suit. Send written notice (certified mail) describing the defect and requesting repair or resolution.

Time limits: UCC claims must be filed within 4 years of delivery (13 Pa.C.S. § 2725). Lemon Law claims must be initiated within the first year/12,000 miles. Magnuson-Moss has no specific limitation period but generally incorporates the applicable state statute of limitations.