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ARTICLE · 17 JULY 2014

Community Colleges Not Subject To UTPCPL

Duane Morris LLP
Duane Morris LLP
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The Pennsylvania Supreme Court ruled that Pennsylvania's Unfair Trade Practices and Consumer Protection Law does not apply to community colleges.

United StatesConsumer Protection

It only stands to reason, yet it took almost 12 years and repeated appeals for the final determination by the Pennsylvania Supreme Court in Meyer v. Community College of Beaver County, No. 22 WAP 2012, 2014 Pa. LEXIS 1524 (Pa. June 16, 2014), ruling that Pennsylvania's Unfair Trade Practices and Consumer Protection Law does not apply to community colleges as political subdivision agencies.

Meyer's appellate rendezvous included two visits to the Commonwealth Court and two to the Supreme Court. Each appeal grappled with possible legal rationales for applying—or not—the UTPCPL to community colleges.

Ultimately, the Supreme Court ruled that a community college is not a "person" as defined in 73 Pa. Stat. § 201-2(2), and since the UTPCPL is enforceable only against a person, it does not apply to community colleges. This sensible outcome avoids imposing the teeth of the UTPCPL, such as treble damages, cost-shifting and attorney fees, on an institution that offers an

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