X hits on this document

PDF document

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA - page 33 / 38

101 views

0 shares

0 downloads

0 comments

33 / 38

deceptive practices.” Pekular, 513 A.2d at 432 (quoting Commonwealth v. Monumental Properties,

Inc., 329 A.2d 812, 817 (Pa. 1974)).

The UTPCPL provides a private right of action only to purchasers of goods “primarily for

personal, family, or household purposes.” § 201-9.2. Whether a purchase is primarily for household

purposes and a cause of action under the UTPCPL is available depends on the purpose of the

purchase, not the type of product purchased. Novinger Group, Inc. v. Hartford Ins., Inc., 514 F.

Supp.2d 662, 670 (M.D. Pa. 2007).

The Court is persuaded that Plaintiffs’ claim comes within the UTPCPL’s “household

purposes” requirement. § 201-9.2. Defendant argues that the title insurance policy Plaintiffs

purchased insures NovaStar’s interests, as the lender, not those of Plaintiffs. However, Plaintiffs

paid for the title insurance in order to refinance a residence they use for household purposes.

Lenders require that Plaintiffs pay for the title insurance issued by Defendant as part of the mortgage

transaction. (Pl. Am. Compl. ¶24.) Plaintiffs have satisfied UTPCPL’s threshold mandate because

a mortgage for a home is inherently for a household purpose. See also S. Kane & Son Profit Sharing

Trust v. Marine Midland Bank, No. 95-7058, 1996 WL 200603, *3 (E.D. Pa. Apr. 25, 1996) (finding

that a purchase of securities satisfied the “household purposes” component because the UTPCPL

should be interpreted very broadly to effectuate the legislature’s intent).

To bring a claim of fraud under the UTPCPL, Pennsylvania state court precedent requires

Plaintiffs to meet the elements of common law fraud. Weinberg v. Sun Co., 777 A.2d 442, 445-46

(Pa. 2001); see also Rubenstein v. Dovenmuehle Mortgage, Inc., No. 09-721, 2009 WL 3467769,

*5 (E.D. Pa. Oct. 29, 2009) (dismissing UTPCPL claim for failure to allege specific deceptive acts).

33

Document info
Document views101
Page views101
Page last viewedThu Dec 08 12:20:28 UTC 2016
Pages38
Paragraphs853
Words11377

Comments