Hunt v. United States Tobacco Co.

OPINION OF THE COURT

AMBRO, Circuit Judge.

We consider whether a private plaintiff alleging “deceptive” (rather than “fraudulent”) conduct under the amended catch-all provision of the Pennsylvania Uniform Trade Practices and Consumer Protection Law must prove that he justifiably relied on the defendant’s alleged deceptive conduct or statements. Concluding that under the private-plaintiff standing provision of that Law he must so prove, and finding an allegation of justifiable reliance lacking in the Complaint, we vacate the District Court’s judgment denying the defendant’s motion to dismiss and…