Consumer Protection Complaint

IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
  Defendant.

Docket No.: [___]
Type of Pleading: COMPLAINT – CONSUMER PROTECTION (UNFAIR TRADE PRACTICES & CONSUMER FRAUD)
Jury Trial Demanded

NOTICE TO DEFEND (Pa. R.C.P. 1018.1)

YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

LAWYER REFERRAL SERVICE
[Name of County Bar Association]
[Street Address]
[City, State ZIP]
Telephone: [XXX-XXX-XXXX]

TABLE OF CONTENTS

1. PARTIES................................................................................. 2
2. JURISDICTION AND VENUE............................................. 3
3. DEFINITIONS....................................................................... 3
4. FACTUAL ALLEGATIONS.................................................... 4

5. CAUSES OF ACTION............................................................. 7
   Count I – Violation of Pennsylvania Unfair Trade Practices & Consumer Protection Law (“UTPCPL”)
   Additional Claims, If Independently Supported

6. PRAYER FOR RELIEF.......................................................... 11

7. JURY DEMAND.................................................................. 12
8. RESERVATION OF RIGHTS & ARBITRATION STATEMENT........ 12
9. ATTORNEY CERTIFICATION (Pa. R.C.P. 1023.1)...................... 13
10. VERIFICATION.................................................................... 14
11. SIGNATURE BLOCK............................................................. 15

1. PARTIES

1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual consumer residing at [Full Address, County, State ZIP].

1.2 Defendant. [DEFENDANT FULL LEGAL NAME] (“Defendant”) is a [corporation/LLC/partnership/individual] with its principal place of business at [Address], regularly conducting business in [County] County, Pennsylvania.

2. JURISDICTION AND VENUE

2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction over Plaintiff’s statutory and common-law claims pursuant to 42 Pa. Cons. Stat. § 931 and the Pennsylvania Unfair Trade Practices & Consumer Protection Law, 73 Pa. Stat. Ann. §§ 201-1 et seq.

2.2 Personal Jurisdiction. Defendant transacts business, contracts to supply goods and services, and/or commits tortious acts within the Commonwealth, conferring personal jurisdiction under 42 Pa. Cons. Stat. §§ 5301-5322.

2.3 Venue. Venue is proper under Pa. R.C.P. 1006 and the defendant-specific venue rule because [IDENTIFY THE APPLICABLE RULE SUBDIVISION AND SUPPORTING COUNTY FACTS].

3. DEFINITIONS

Unless the context clearly requires otherwise, the following capitalized terms shall have the meanings set forth below:

3.1 “Consumer Transaction” means the sale or lease of goods or services primarily for personal, family, or household purposes.

3.2 “Deceptive Act” means the specific unfair method of competition or unfair or deceptive act or practice selected from 73 P.S. § 201-2(4); section 201-3 declares those practices unlawful in trade or commerce.

3.3 “Product” means the [specific goods/service] purchased by Plaintiff from Defendant on [Date].

4. FACTUAL ALLEGATIONS

4.1 On or about [Date], Plaintiff entered into a Consumer Transaction with Defendant for the purchase of the Product.

4.2 Prior to sale, Defendant represented that the Product would [representations].

4.3 In truth, the Product [defects/misrepresentations], constituting a Deceptive Act.

4.4 Plaintiff relied on Defendant’s representations and paid [Price] for the Product.

4.5 After delivery, Plaintiff discovered that [specific defects or failures].

4.6 Plaintiff promptly notified Defendant on [Date], but Defendant failed to [cure/repair/refund].

4.7 As a direct and proximate result, Plaintiff suffered ascertainable losses including:
a. Out-of-pocket payments totaling $[Amount];
b. [Incidental damages]; and
c. [Consequential damages].

4.8 Plaintiff requests discretionary enhanced damages under 73 P.S. § 201-9.2(a). The statute does not condition that discretion on a pleaded “willful and malicious” standard.

5. CAUSES OF ACTION

Count I – Violation of Pennsylvania Unfair Trade Practices & Consumer Protection Law

(73 Pa. Stat. Ann. §§ 201-1 through 201-9.3)

5.1 Plaintiff incorporates by reference ¶¶ 1-4.8.

5.2 Defendant engaged in the following act defined by 73 P.S. § 201-2(4) and declared unlawful by § 201-3: [IDENTIFY THE EXACT ENUMERATED SUBPARAGRAPH OR CATCHALL THEORY AND SUPPORTING FACTS].

5.3 Plaintiff sustained an ascertainable loss of money or property as a result of Defendant’s unlawful acts.

5.4 Pursuant to 73 Pa. Stat. Ann. § 201-9.2(a), Plaintiff is entitled to:
a. Actual damages or $100.00, whichever is greater;
b. Treble damages at the Court’s discretion; and
c. Reasonable attorney fees and costs.

5.5 Plaintiff requests such additional relief as the Court deems necessary or proper under § 201-9.2(a), based on these case-specific facts: [FACTS SUPPORTING REQUESTED RELIEF].

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff’s favor and against Defendant, granting:

a. Actual damages, or statutory minimum damages, whichever is greater;
b. Treble damages pursuant to 73 Pa. Stat. Ann. § 201-9.2(a);
c. Such additional relief as the Court deems necessary or proper under § 201-9.2(a);
d. [Case-specific restitution or equitable relief, if independently supported];
e. Reasonable attorney fees and litigation costs;
f. Pre- and post-judgment interest as allowed by law; and
g. Such other and further relief as the Court deems just and proper.

7. JURY DEMAND

Plaintiff demands trial by jury on all issues so triable as of right under Pennsylvania law. [Do not rely on the Seventh Amendment as the source of a state-court jury right.]

8. RESERVATION OF RIGHTS & ARBITRATION STATEMENT

8.1 Plaintiff is unaware of any binding arbitration clause applicable to the claims asserted.

8.2 If Defendant contends an arbitration agreement exists, Plaintiff will address its validity, scope, and enforceability on the agreement’s actual text and applicable law; this template does not assume an independent UTPCPL anti-waiver defense.

8.3 Nothing in this Complaint shall be construed as a waiver of Plaintiff’s right to seek judicial determination or to oppose compelled arbitration except as may be ordered by this Court pursuant to applicable law.

9. ATTORNEY CERTIFICATION

I certify pursuant to Pa. R.C.P. 1023.1 that, to the best of my knowledge, information, and belief formed after an inquiry reasonable under the circumstances, this Complaint is not presented for any improper purpose, the claims are warranted by existing law or a non-frivolous argument for its extension, modification, or reversal, and the factual contentions have evidentiary support.

10. VERIFICATION (Pa. R.C.P. 1024)

I, [Plaintiff Name], verify that the statements made in the foregoing Complaint are true upon my personal knowledge or information and belief, as applicable.

Date: _____________ __________________________________
[PLAINTIFF NAME]

11. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: ________________________________________
[ATTORNEY NAME], Esquire
PA I.D. No. [___]
[Street Address]
[City, State ZIP]
Tel.: [XXX-XXX-XXXX]
Email: [[email protected]]

Counsel for Plaintiff

SOURCES AND REFERENCES

• Pennsylvania General Assembly — Unfair Trade Practices and Consumer Protection Law
• Pa. R.C.P. 1018.1 — Notice to Defend
• Pa. R.C.P. 1006 — Venue
• Pa. R.C.P. 1023.1 — Signing and representations to the court
• Pa. R.C.P. 1024 — Verification
• 42 Pa.C.S. § 931 — original jurisdiction
• 42 Pa.C.S. § 5322 — bases of personal jurisdiction