[co-author: Michael Ingram]
We regularly tell clients that intent is meaningless when it comes to deception under Section 5 of the FTC Act. And that’s true (or we wouldn’t say it). But fewer people realize that it’s not necessarily true when it comes to a minority of the states. As of a couple weeks ago, however, that number has shrunk by one, courtesy of the Pennsylvania Supreme Court. In
Gregg et al. v. Ameriprise Financial Inc. et al., the Pennsylvania Supreme Court held that Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (CPL) does not require a showing of intent to hold defendants liable. This 4-3 decision, which was nearly 20 years in the making, makes clear that the statute functions in a strict liability manner. There no longer needs to be a finding of fraud or negligence for a court to deem a business’s practices deceptive. This broadens the power of the law to regulate unscrupulous business practices.
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SELBYVILLE, Del., March 2, 2021 /PRNewswire/ Global Market Insights Inc. has recently added a new report on the automotive speaker market, which estimates the market valuation for automotive speakers will cross US $7 billion by 2027. Increasing demand for technologically advanced aftermarket automotive audio components is likely to drive industry growth.
Automotive Speakers Market size is set to surpass USD 7 billion by 2027, according to a new research report by Global Market Insights Inc.
The automotive speaker industry is facing several challenges, owing to the quick spread of the COVID-19 pandemic worldwide. Restrictions imposed by various governments on international as well as domestic trade have led to a steady decline in the sale of automotive speakers in the global market. However, the market statistics are anticipated to witness significant growth by 2021 due to the economic revival and containment of the virus.
Automotive Speaker Market is Growing at a 6 5% CAGR to Hit $7B by 2027: GMI prnewswire.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from prnewswire.com Daily Mail and Mail on Sunday newspapers.
Wecht
HARRISBURG – The Supreme Court of Pennsylvania has affirmed a lower court ruling which declared not only that Amerprise Financial was deceptive in its sale of insurance and financial services, but that proving intent to deceive isn’t required to win such a case filed under the state consumer protection law.
In a 4-3 ruling on Feb. 17, the state’s high court
upheld a decision from the Superior Court of Pennsylvania, which also found that protections outlined in the Unfair Trade Practices and Consumer Protection Law applied to plaintiffs Gary and Mary Gregg, in their lawsuit versus Ameriprise Financial, Inc., Riversource Life Insurance Company and Robert A. Kovalchik.
In September 2019, the Pennsylvania Supreme Court agreed to review the decision in Gregg v. Ameriprise Financial, Inc. under Pennsylvania’s Unfair Trade Practices and Consumer.