Kantor v. Hiko Energy, LLC

MEMORANDUM OPINION

SAVAGE, District Judge.

In this putative class action complaining of the tactics used to lure customers by competitors in the deregulated electricity supply market, the significant issue presented is whether claims under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) are barred by the Pennsylvania economic loss doctrine. Stated differently, are we bound by the Third Circuit’s predictive holding in Werwinski v. Ford Motor Co., 286 F.3d 661 (3d Cir.2002), that statutory fraud claims may not be brought with a contract action? We conclude that…