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Donovan Searles, LLC Files Amicus Curiae Brief in Toy v. Metropolitan Life Ins. Co.

Michael Donovan of Donovan Searles has prepared and filed a friend-of-the-Court brief in the PA Supreme Court on behalf of the National Consumer Law Center, the National Association of Consumer Advocates and Community Legal Services in Toy v. Metropolitan Life Insurance Co., No. 34 WAP 2005. The brief focuses on the history and purposed of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) and argues that “justifiable reliance” is not a required element for many of the consumer claims arising under that law. The brief notes that the UTPCPL was based on the Federal Trade Commission Act and that other states with similar statutes have interpreted their laws as not requiring proof of “justifiable reliance” for consumer claims. The issue is significant because consumers often cannot show “reliance” where a company has omitted important facts, engaged in “bait and switch” practices, or failed to comply with a written warranty after the consumer transaction has occurred. To read the brief, click here.