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Flitter Milz represents people with a variety of problems involving consumer credit and collections. If you have a particular question or believe your consumer rights have been violated, Contact Us for a no cost consultation.

Author: Consumers Law

What You Should Know About the Use of E-Signatures

Electronic signatures—or e-signatures—are everywhere. We click “Agree” or type our name on a device to open bank accounts, purchase vehicles, rent apartments, or accept online terms. Before you sign electronically, here’s what to know.

Are E-Signatures as binding as an actual “Wet Ink” Signature? Not Always!

An e-signature can be as valid as a handwritten one, but only if certain rules are met. Businesses must get your consent to use electronic records. As well, they must prove you can open and read them.  Often a test file is sent to the consumer to confirm receipt. The business must also inform the consumer of the following:

1. The option to receive paper copies
2. The option to withdraw consent at anytime, and explain how to do it.
3. Whether consent applies to one deal or all future ones.
4. How to update contact information.
5. The type of device or software is needed to receive communications.

These safeguards exist so that consumers are not tricked into signing documents that may be difficult to see online or save. 

What is an “E-Signature”?     

The term “e-signature” is more than a digital image of your written signature. The law defines “electronic signature” broadly. It is any sound, symbol, or process used to show intent to sign a document. E-signatures can be:

      • Typing your name at the end of an email
      • Clicking an “I agree” button
      • Uploading an image of your handwritten signature
      • Saying “yes” in a recorded call.

The key is intent—you must intend to sign the electronic contract that your signature is applied to. But some companies may forge or copy and paste e-signatures to contracts that were never approved by the consumer. Forging an e-signature is illegal, just like forging a signature in ink on paper.

What “Metadata” Reveals

When you sign electronically, the system stores “metadata”, or hidden information that proves authenticity of the electronic document. Metadata
can show:

  • Personal information: name, email or IP address
  • Time and place: exact date, time and location when a signature was applied
  • Device details: the computer, phone, tablet, or other device used to apply the signature
  • Security codes: Digital ID that shows the file was not changed.

Metadata can even show whether a signature was forged—like proving it came from a location you had never been or device you never used.

Are ink signatures on paper documents still required? 

While e-signatures are legal on many documents, some notices, such as those listed below, are required to be delivered in paper form and signed in ink.  This is to insure that the person is fully informed and in agreement with the document.

      • Car repossession or mortgage foreclosure notices
      • Utility, insurance, or benefit cancellations
      • Eviction notices
      • Lawsuits
      • Product recalls or safety warnings
      • Documents involving hazardous materials

The Bottom Line

Be cautious.

E-signatures are fast and convenient. Used correctly, they are safe and legally binding. However, salespeople are trained to guide consumers in the purchase process and make them feel comfortable to get an e-signature on the documents they need.

Do your due diligence BEFORE e-signing
1) Take time to read all documents that are signed.
2) Get all questions answered.
3) Do not feel pressured to sign.
4) Request a paper copy of all documents showing your e-signature.
5) Maintain a complete file with all documents, handwritten notes, emails, text and phone messages.

Seek help from a qualified consumer law firm

Was your e-signature forged on a document? Were you tricked into an agreement?
Contact us.
Flitter Milz has helped many consumers across the country hold companies accountable for electronic forgery and deceptive practices in the use of
e-signatures.

For a no cost legal evaluation.
Phone:   888-668-1225
Email:    consumers@consumerslaw.com

The Hidden Risks of E-Signatures

Paperless Contracts can be a playground for fraud

 

E-signatures and paperless contracts have made life faster and easier. In the past, signing a contract meant printing it, signing by hand, mailing it, or meeting in person. Now, with just a few clicks, you can sign from your phone or laptop anywhere in the world. But this speed and convenience come with a dark side. The emergence of digital contracts has created new opportunities for fraud, and in some cases, it’s harder to spot and prove than with old-fashioned pen-and-paper agreements.

Why Fraudsters Love E-Signatures

E-signatures are legally valid in most places, which means they carry the same weight as a handwritten signature. The problem is that many e-signature platforms don’t do much to confirm someone’s identity before they sign. If a crooked salesman gets into your email or other online accounts, they may be able to sign contracts in your name without you knowing. Unlike a physical signature, there’s no handwriting to compare, so proving you didn’t sign can be very difficult.

Identity Theft Has Gone Digital

In the past, stealing someone’s identity often meant forging papers or pretending to be them in person. Now, thieves can buy stolen personal details online and use them to open accounts, take out loans, or make purchases—all without leaving their computer. These fake agreements can be created and signed in minutes. Many victims don’t even find out until they get a bill or a notice from a company they’ve never dealt with.

Forgery in the Digital Age

With handwritten signatures, experts can look for clues—like pen pressure, writing style, and unique letter shapes—to spot a forgery. But with e-signatures, there’s nothing physical to examine. Many systems let you “draw” a signature with a mouse or finger, but a scammer can copy yours from another document or even generate one that looks close enough.

Some platforms also allow typed signatures in a chosen font, which means anyone with your name can create a “signature” that looks official. This makes it easy for someone to forge your approval on contracts, loans, or property transfers without you ever knowing until it’s too late. Once it’s in the system, undoing the damage can take months—or even years—of legal battles.

How to Protect Yourself

When signing electronically, we recommend that you add the date immediately next to your signature. For example, this might look like “John Doe  8/15/2025.” Even if there is a separate space or line for the date, you reduce the risk of loss from a stolen signature by placing the date immediately next to your signature every time.

 

Signing Multiple Documents

If you are signing multiple documents but are asked to place your signature in a little box detached from the document, state an abbreviation of the document right next to your signature.  For example, when buying a car, sign the odometer disclosure as “John Doe 8/15/2025 – Odometer.” Then sign the loan agreement “John Doe 8/15/2025 – Loan Agr.”  This makes it more difficult for a crooked car dealer or merchant to affix your name to something you never signed.

Treat e-signatures like you would any serious financial transaction. Watch for red flags: bills or debt notices for accounts you didn’t open, unfamiliar charges, “confirmation” emails for contracts you don’t recognize, denied credit without reason, or sudden transfers of property. If you believe your identity has been stolen, take these steps.

Seek help from a Qualified Consumer Lawyer

If you see any of these signs—or even suspect something is wrong—act fast. Contact our law firm immediately.

Our attorneys will investigate your concern and evaluate how to undo the damage before it gets worse.  We are here to protect your consumer rights.

Call:  888-668-1225
Email:  consumers@consumerslaw.com

Borrowers have rights after vehicle repossession

CARS       TRUCKS       MOTORCYCLES       BOATS       RVs

Flitter Milz is the authority in representing victims of wrongful repossessions by banks, credit unions, financial institutions and their repossession agents.

Borrowers understand that their vehicles can be repossessed if there’s been a default, such as missed or late payments, a lapse in auto insurance, or other cause. However, lenders must follow the law when a vehicle is repossessed.

Whether you missed payments on your auto loan or not, your consumer rights may have been violated. Our firm will evaluate the repossession of your vehicle at no cost.

After repossession, ask yourself these questions:

Did the repo agent act abusively or damage property?
Repo agents can’t threaten or use physical force to take your vehicle, or enter your fenced property without your permission.

 

 

Did the police come and assist the repo agent with the repossession?
The police may be contacted by the repo agent or borrower during a vehicle repossession. Upon arrival at the scene, they are to keep the peace only, or to protect everyone from harm.

 

Did you receive proper notices from your lender after the repossession?
After repossession, the lender is required to send a Repossession Notice which states terms to get the vehicle back and timeframes for the borrower to act.

 

Was your vehicle repossessed within the past six years?

Each state has a different statute of limitations on car repossession debt.  After the statute of limitations has passed on your debt, debtors and collectors can still contact you.  However, they can no longer bring, or threaten to bring, legal action in an effort to collect the debt.

 

Collection of the deficient balance owed on your auto loan?
A Deficiency letter will be sent to the borrower after the vehicle is sold.  This letter shows a calculation of any remaining balance owed to satisfy the loan. The lender may assign collection of this balance to a debt collector.

 

Did the lender file a lawsuit to collect the deficient balance?
The lender may choose to file a lawsuit to collect the deficient balance owed on an auto loan.

 

 

Credit Reporting Auto Loans
After a vehicle repossession, the borrower should obtain current copies of his or her credit reports from Transunion, Experian and Equifax to view accuracy of information related to the repossession. Incorrect information may have an impact on approval for new credit applications.

 

Contact Experienced Consumer Lawyers

Flitter Milz attorneys know repossession law and can protect borrowers from illegal tactics used by banks, credit unions and financial institutions.  We  represent consumers in cases without filing bankruptcy.

 

Contact Us for a no cost legal evaluation of your car, truck, motorcycle, boat or RV.
Phone:  888-668-1225      Email:  consumers@consumerslaw.com

 

 

 

The Danger of Arbitration — Preserve your Constitutional Rights

The United States Constitution guarantees you the right to litigate your case in the courts and the right to a jury trial.  Signing an Arbitration Agreement waives these rights.

 

Don’t Sign Away Your Constitutional Rights!

Consumers may encounter arbitration agreements when purchasing goods or services in various sectors, including banking, credit cards, financial services, home building, insurance and telecommunications.

When financing a vehicle or home improvement, entering a cell phone contract, opening a new bank account or obtaining approval for a credit card, consumers must look to see if there is an arbitration agreement as part of the contract.  It may appear within the written contract, be buried in the fine print or terms and conditions, or possibly in the “Click” of an online agreement.

Businesses favor arbitration

Many consumer-facing companies have trended towards including an arbitration clause in their contracts. This “forced arbitration” is a form of resolving disputes outside of the courts.  Instead of being able to go to trial before a judge and jury, cases are presented to an arbitrator who decides the case.

Consumers will be told that arbitration is a favorable term and that should a dispute and litigation be necessary, it would be faster and cheaper to litigate. Cheap litigation only favors the company—NOT YOU.

 

Avoid being stuck in arbitration.

(1) Do Not sign an Arbitration Agreement
If possible, do not sign an arbitration agreement when signing a contract. Sometimes an arbitration agreement is a stand-alone contract that you are not required to sign. If you are presented with an arbitration agreement, ask whether it is required. Do not agree to arbitration if possible.

(2) Read the Arbitration Agreement
Carefully read the language in the arbitration agreement. Sometimes the agreement will allow you to opt out of arbitration by submitting a request within a given time period. If the agreement permits you to do that, DO THAT! Opt-out clauses are often found in credit card agreements. Once an optout deadline passes, it’s too late.

(3) Negotiate the Arbitration Clause
Negotiate out the arbitration clause in your contract. If you have leverage (like at a car dealership), demand to remove or modify the arbitration clause.

(4) Strike the arbitration clause on the contract and initial the change.
Often many contracts are provided and executed electronically, making on-the-spot changes to a contract difficult or impossible. But if your contract is on paper, strike out the arbitration clause and initial your change. Make it clear that you did not agree to arbitration when you signed the contract, and that you only agreed to the remaining terms.

Seek Help from Experienced  Consumer Lawyers 

Flitter Milz has litigated the enforceability of arbitration agreements countless times. Send your contract for a no-cost legal review. Our attorneys will determine whether your arbitration clause is binding.

You should not have to give up your Constitutional right to trial by jury. 

Call Toll Free: 888-668-1225
Email: consumers@consumerslaw.com

Solar Fraud Attorney Andy Milz Appears on NPR News

August 13, 2024, NPR News — Ari Shapiro, Host, All Things Considered and Jeff Brady,  Correspondent, NPR Climate Desk

Andy Milz of Flitter Milz, a nationally recognized expert in solar panel finance fraud, was recently interviewed by NPR News for a nationally-aired report concluding — Rooftop solar has a fraud problem. Andy offers advice for avoiding sales fraud when considering solar panels for your home.

Click the link to listen to the program or read the program transcript below.  https://www.npr.org/2024/08/13/nx-s1-4926495/thinking-about-solar-here-are-some-things-to-consider

NPR Transcript: “Thinking about solar?  Here are some things to consider”

ARI SHAPIRO, HOST: Just the other day, I got a piece of mail telling me, your property qualifies for free solar panels. It had a photo of my house and everything – kind of creepy. This is a sign of something happening all over the country. Solar power is booming, and that helps meet the country’s climate goals. At the same time, customer complaints are also growing about the part of the industry that installs solar panels on homes. NPR’s Jeff Brady has spent the last few months looking into this. And, Jeff, what’s the big lesson that you’ve learned from your reporting?

JEFF BRADY, BYLINE: You know, the really big concern here is high-pressure sales. Not all companies use them, but if you’re thinking about solar power, you’re going to need to be prepared for that. And the example of this that really sticks with me is a 91-year-old man, Emanuel Minto. He immigrated from Jamaica. He retired as a machinist and paid off his house in northeast Philadelphia. When I visited him in his tidy front yard, Minto’s lawyer was there to meet me.

ANDY MILZ: Mr. Minto, Jeff Brady from NPR News.

BRADY: Hi – nice to meet you.

EMANUEL MINTO: Sir.

BRADY: A year and a half ago, Minto says, a door-to-door salesman approached him, offering a government program to help senior citizens save on their electric bills.

MINTO: So I said, well, that would be good.

BRADY: But there was no such program. Minto has solar panels, but a lawsuit claims the salesman created an email address for him and forged his name on an electronic contract for a 25-year loan for the installation. Now Minto also has a lien on his house.

That salesman worked for GraySquare Solar. Owner Tim Koontz disputes many of the facts in the case, though he confirms the salesman created an email address for Minto. Koontz says there are safeguards to prevent what Minto claims and accuses the elderly Minto of scamming him.

TIM KOONTZ: I feel like I’m the one being defrauded. I feel like this is a hustle to try and get money.

BRADY: Minto’s attorney, Andy Milz, says GraySquare didn’t even respond to the lawsuit, and a default was entered against it. Milz specializes in solar fraud and says many door-to-door salespeople carry an iPad with electronic contracts. He says, be careful because some dishonest salespeople have taken electronic initials and signatures and copied and pasted them to other contracts.

MILZ: Don’t be bullied into touching their device, whether it be an iPad or a cellular phone. Take the time to review the documents in the comfort of your own home.

BRADY: Milz says you can request a paper contract, and reputable solar salespeople won’t have a problem with this. Another person I talked with is Tiffani Krieg of Mesa, Ariz. She put off for a couple of months a salesperson who calls herself Solar Sandy. Then one evening, Krieg’s family was in their driveway, headed out to see a movie.

TIFFANI KRIEG: My husband looks at the rearview, and he’s like, oh, Sandy’s here. I’m like, Sandy? And she’s got her Range Rover parked, like, you know, making a T so we can’t get out of our driveway. So she jumps in the backseat, like, with the kids.

BRADY: Krieg says Sandy said to secure a low interest rate, the family had to act now. Consumer advocates say creating urgency is a common sales tactic, and you should never feel pressured to make a decision about such a big purchase. I talked with Solar Sandy, whose name is Sandra Cordero. She didn’t want to do a recorded interview. She disputes some of Krieg’s story and confirms a lot of it. Cordero says she didn’t do anything wrong and has hundreds of satisfied customers.

SHAPIRO: Reporting there from NPR’s Jeff Brady, who is still with us. Jeff, you are making me think I should not respond to that flyer I got in the mail. But what should a person do who might be interested in going solar but doesn’t want to get scammed? How do you find the salespeople who aren’t going to use high-pressure tactics?

BRADY: Well, you probably want to avoid the solar companies that find you, either, you know, at your front door or maybe at a local big-box store. They’re more likely to practice these high-pressure sales tactics. And some of these companies only do sales. A different company will actually install the panels. And the experts I talked with say it’s better to work directly with an installation company. They suggest you find someone that’s been in business in your community for years. A lot of these installers, they, you know, survive on word-of-mouth advertising. So you can ask neighbors and friends, people who already have solar panels, for recommendations.

SHAPIRO: If people aren’t getting government subsidies, these solar panels can be really expensive. What’s the best advice for people who are going to pay for this?

BRADY: Sure. Most people can’t afford to put out 20 or $30,000 for solar panels. So about 85% of these systems are financed. You need to get at least three quotes and ask each company to give you quotes for financing and for paying cash. You want to compare those numbers because some companies include hidden fees in the cost of a system just so they can offer a cheap interest rate. And these fees, they’re significant. The solar marketing firm EnergySage says fees for the most popular loan averaged 47% for the last half of 2023.

SHAPIRO: Wow.

BRADY: Yeah, that adds thousands of dollars in cost, even if the interest rate you get is relatively low, so you may be better off finding financing on your own.

SHAPIRO: But there are federal tax credits to help pay for solar panels, right? How do those work?

BRADY: Yeah, the federal government offers a 30% tax credit, and some states have incentives on top of that. But one thing about tax credits – you need to owe taxes to take advantage of them, and not all salespeople will tell you that. Cameron Holly in the Dallas area learned this. He expected a check from the IRS for about $14,000, but his family didn’t owe that much in taxes, so he only got back about 2,500.

CAMERON HOLLY: Honestly, I do feel deceived, you know, because the way it was always worded in our conversations with the salespeople was that we would get this tax credit on our next filing.

BRADY: And Holly says he planned to use that money to pay off credit cards and take a family vacation. So the best advice is, you know, talk with the tax person rather than a salesperson about these tax credits.

SHAPIRO: And what if someone listens to this and decides solar is not right for them, or they live in a rental and can’t install solar? What then?

BRADY: Yeah, solar is not right for a lot of us. My house is surrounded by big trees that shade the roof, so solar won’t work here. You know, if helping climate change and saving money are your goals, you can try using less energy, and if the options out there today aren’t right for you, they might be next year, so keep checking in. The energy world is changing fast right now.

SHAPIRO: That’s Jeff Brady of NPR’s climate desk. Thank you.

BRADY: Thank you.

Seek Qualified Legal Help

Pictured: Attorneys Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right)

Flitter Milz attorneys have helped hundreds of families who have been victimized by shady solar sales.  If you have been defrauded in a solar sale, we may be able to help.  Hidden contracts, forged signatures, illicit credit inquiries, suspicious email accounts, elder exploitation, and other bad acts can give rise for a case under the consumer protection laws.  Contact us! 

Don’t get scammed on Solar Panels: 4 Financial Red Flags

“Don’t get scammed on solar panels: 4 Financial Red Flags”
March 12, 2024  CNET

Some common traps could leave you stuck with a bad deal for decades when entering a contract for solar panels. Nationally recognized consumer protection attorney Andy Milz of Flitter Milz in Narberth, PA, was interviewed recently on CNET for an article and offered 4 Financial Red Flags to potential solar panel customers.

Red Flag #1.
Demand to see contract documents BEFORE signing.

Frequently solar customers never get the chance to review a solar financing contract before signing or whose signatures were forged without their knowledge.  It can be easy for these things to happen when a solar sales person is seated at your dining room table, quickly tapping through terms on an iPad.  “Solar customers are entitled to see a contract and take the time to review it.  This ensures that the customer can read all the fine print, understand the payment terms, and avoid any financial surprises later,” says Milz.

Red Flag #2.
Talk to a tax professional about any promised tax incentives.

There are a lot of federal and state-level financial incentives for solar panels right now, promising thousands of dollars off the price of a solar system.  But homeowners are eligible for those only if they’re buying (i.e. owning) the panels.  “That’s something that’s confusing to the average consumer,” said Milz.  If you’re leasing or getting panels through a power-purchase agreement, you won’t benefit from the incentives, so be wary of any solar installer who tells you otherwise.

Red Flag #3.
Beware of an arbitration clause in the loan or lease agreement

Many solar financing or lease contracts contain something called an “arbitration clause,” according to Milz.  “When you sign this, you as the customer essentially give up your right to go to court in the event that the solar company rips you off.  Any claims you make will instead be subject to a private “arbitration” system that usually benefits the solar company.”

It may not always be possible to avoid having this in your contract, but you should at least be aware of what you’re getting yourself into.

Red Flag #4.
Watch out for ‘Teaser Rates’

A common tactic by solar companies is to attract customers with a ‘teaser rate’ which promises low upfront payments that increase, sometimes drastically, over time.  In some cases, the installer is assuming you’ll receive a chunk of money from a government incentive and put that toward the payment of your panels, otherwise the monthly payments will jack up.  “Folks are often caught off guard by that, ” says Milz.

Escalator clauses, which gradually increase your payment by a small percentage each year, are quite common, but again you’ll want to be aware of what you’re getting into.

Most Important Tip: Slow Down!

Do your own research and comparison shop.  There is no rush.  The deal the salesman proposes today will still be there next week.

Seek Qualified Legal Help

Pictured: Attorneys Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right)

Flitter Milz attorneys have helped hundreds of families who have been victimized by shady solar sales.  If you have been defrauded in a solar sale, we may be able to help.  Hidden contracts, forged signatures, illicit credit inquiries, suspicious email accounts, elder exploitation, and other bad acts can give rise for a case under the consumer protection laws.  Contact us! 

Cary Flitter — Hon. Milton O. Moss Public Service Award Recipient

On Monday, June 24, 2024, Cary L. Flitter was awarded The Honorable Milton O. Moss Public Service Award by the Montgomery Bar Foundation. Since 1986, each year the Foundation honors a Montgomery County resident who has provided exceptional service in support of the justice system.

Cary stated, “I am truly honored to receive this award. The practice of law carries great responsibility.  As lawyers, we are permitted to represent clients before courts and tribunals at all levels, or out of court handling their business affairs, their family issues, their work or health issues, and in some cases their freedom. Our goal is to pursue justice.“

Cary Flitter has devoted his legal practice to advocating consumers rights against finance companies, debt collectors, repossession agents, lenders and credit reporting agencies. Many of Cary’s cases have been pursued as class action lawsuits where the courts’ rulings have brought groundbreaking decisions that have benefited consumer rights nationwide.

About Judge Milton O. Moss

Judge Moss graduated in 1956 from the University of Pennsylvania Law School.  After passing the bar he entered the United States Air Force and served as a JAG prosecutor in the British Isles.   At the age of 37, he ran and was elected District Attorney of Montgomery County in 1967.

In 1970, District Attorney Moss argued a case before the U.S. Supreme Court, Bruno v. Commonwealth of Pennsylvania. The issue was whether a mentally ill, and arguably incompetent murder-suspect, could be confined to a mental hospital indefinitely without being charged and tried.  With Bill Nicholas, then the 1st Assistant District Attorney (later judge) at his side at counsel table, D.A. Moss won the case.

In 1975, Moss was elected to judge of the Montgomery County Court of Common Pleas.  Sadly, Judge Moss suffered from health issues and passed away in 1980 at the age of 49. Contemporaries have described Judge Moss as “brilliant, personable, dynamic, and scintillating.”

 

Cary L. Flitter — Super Lawyer for 20th Consecutive Year

Cary L. Flitter

Cary L. Flitter, founding member of Flitter Milz, PC, was selected for inclusion in Super Lawyers Magazine for the 20th straight year.

Super Lawyers is a prestigious, annual list that highlights attorneys who have distinguished themselves in their legal practices. Attorneys are selected based on peer recognition and professional achievement for their designations. A research committee makes the final determination through a rigorous process that includes independent research, peer nominations and peer evaluations.

Cary is known as a national expert in consumer protection law with decades of experience standing up for the rights of consumers in individual and class action cases.  His 20th consecutive selection by his peers recognizes his enormous contribution to furthering the rights of consumers in Pennsylvania and beyond.  Cary has been a Super Lawyer each year from 2005 to the present, and has previously been named a “Top 100” Super Lawyer for both Pennsylvania and Philadelphia.

Flitter Milz Attorneys recognized as 2024 Super Lawyers

In addition, the May 2024 edition of Super Lawyers has included Flitter Milz attorneys Andy Milz in its publication for the 11th consecutive year, and
Jody López-Jacobs as a Rising Star for the 4th straight year.

 

Pictured (l-r):  Andy Milz, Jody López-Jacobs

 

Legal Help from Consumer Law Attorneys

Flitter Milz looks forward to continuing to achieve successful results for consumers that have suffered the challenges of every day consumer credit matters involving credit reporting privacy and accuracy issues, wrongful vehicle repossessions, and unfair or deceptive business practices. Contact us for a consultation at no cost.

Consumer Law Success at Pennsylvania’s Supreme Court

 

Dwyer v. Ameriprise Financial

On April 25, 2024, the Supreme Court issued a precedential opinion in Dwyer v. Ameriprise Financial siding with the consumer Plaintiffs, affirming the broad remedial nature of Pennsylvania’s flagship consumer protection law, the Unfair Trade Practices and Consumer Protection Law (UTPCPL).

Liberal Damages Award under UTPCPL

The Supreme Court held that the trial court could not use a jury’s common-law punitive damages award or the award of statutory attorney fees to limit the availability of treble (triple) damages under the UTPCPL.  Rather than being interchangeable with punitive damages, treble damages under the UTPCPL are a separate remedy available to consumers wholly independent of any entitlement to punitive damages or attorney fees.

The Court reiterated the UTPCPL’s purpose “to benefit the public at large by eradicating” unfair acts and practices and the Act must be read “liberally to effect its object of preventing unfair or deceptive practices.”

Amicus Brief Authors

Flitter Milz, PC attorneys Cary Flitter, Andy Milz and Jody Lopez-Jacobs, along with Community Legal Services of Philadelphia and other top consumer rights law firms co-authored an amicus brief in the Pennsylvania Supreme Court on behalf of the National Consumer Law Center, the National Association of Consumer Advocates and various legal aid organizations. This “friend of the court” brief called on the Court, “once again, to protect the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§ 201-1 to 201-9.2 (“UTPCPL”), from narrow, restrictive interpretations that deny consumers the full scope of the remedial relief mandated by the statute.”

“It’s good to see the Court reiterate the importance of a strong consumer protection law to allow consumers to level the playing field when dealing with big business,” said FlitterMilz.

This same group of consumer attorneys co-authored a successful amicus brief in an earlier Supreme Court decision, Gregg v. Ameriprise, in which the Pennsylvania Supreme Court ruled that a Consumer Protection Law claim built on “deceptive” conduct need not prove the intent of the merchant who made the deceptive statement.  Both cases from the Pa Supreme Court move the state’s consumer protection law in the right direction for consumers.

 

Consumer Lawyers Fight to Support Lower Prescription Drug Prices

Drug companies have filed lawsuits in courts across the country challenging the Constitutionality of the new Inflation Reduction Act (IRA) of 2022.  Four of these cases were filed in the U.S. District Court for the District of New Jersey.

NJ Federal Court sides in support of the IRA

On April 29, 2024, the federal court in the first of these New Jersey cases sided with the government and the arguments raised in amicus briefs filed by Flitter Milz attorneys Andy Milz and Jody Lopez-Jacobs, along with lawyers from Public Citizen and other top-notch public interest law firms. The amicus briefs asserted support of the US government’s effort to curb high drug prices.

The federal court issued an opinion dismissing the challenges to the IRA’s drug price cutting measures raised by the big drug companies Bristol Myers Squibb and Janssen Pharmaceuticals.  Our amicus briefs can be found here: Bristol Myers Squibb; Novartis Pharmaceuticals; Novo Nordisk

“We’re gratified by the Court’s ruling in this case and happy to be part of a top-tier team that made it happen,” says Milz.  “Whenever we can help consumers, particularly the elderly, save money on necessities, we consider it a job well done.”

 

The Inflation Reduction Act of 2022

The IRA contains several reforms designed to lower the high cost of prescription drugs and make them more accessible to patients, including seniors enrolled in Medicare. The program relies on a process in which the Department of Health and Human Services (HHS), which is responsible for implementing Medicare, and the manufacturer of selected drugs negotiate the prices at which drugs will be made available to Medicare providers and drug plans.

Other such challenges are still in litigation in New Jersey federal court and around the country.