On May 24, 2023, the NAM filed an amicus brief urging the Pennsylvania Supreme Court to affirm trial courts’ discretion to refuse to award treble damages under Pennsylvania’s consumer protection law for conduct that is already the basis of an award of punitive damages. In this case, Dwyer, et al. v. Ameriprise Financial, et al., the plaintiffs-appellants asserted several tort claims and a claim under the Unfair Trade Practices and Consumer Protection Law (UTPCPL) stemming from alleged misrepresentations made regarding the plaintiffs’ payments for whole life insurance. A jury returned a verdict for the plaintiffs on their misrepresentation claims and awarded them punitive damages. The trial court subsequently ruled in the plaintiffs’ favor on their UTPCPL claim while declining to award remediable treble damages under the statute.
We argue that the plain language of the UTPCPL supports trial courts having the discretion to refuse to award treble damages under these circumstances. Interpreting the UTPCPL in this manner also avoids running afoul of the safeguards that the U.S. Supreme Court has placed on punitive damages awards. All manufacturers have an interest in avoiding crushing damages awards that could result if courts are required to award both punitive damages and treble damages for violations of a state consumer protection statute.