Meyer v. Community College of Beaver County

93 A.3d 806, 625 Pa. 563
CourtSupreme Court of Pennsylvania
DecidedJune 16, 2014
StatusPublished
Cited by57 cases

This text of 93 A.3d 806 (Meyer v. Community College of Beaver County) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyer v. Community College of Beaver County, 93 A.3d 806, 625 Pa. 563 (Pa. 2014).

Opinions

OPINION

Justice TODD.

In this appeal, we consider whether the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), 73 P.S. §§ 201-1 et seq., defines a “person” subject to liability as including both private entities and political subdivision agencies. After careful review, we hold that the UTPCPL defines a “person” as including private entities, but not political subdivision agencies. Accordingly, we reverse the Commonwealth Court’s order affirming the trial court’s denial of partial summary judgment on this issue and remand to the Commonwealth Court for further proceedings.

I. BACKGROUND

Community College of Beaver County (“CCBC”) is a Beaver County, Pennsylvania political subdivision agency that, in exchange for tuition and fees, offers a variety of post-secondary educational services. Appellees are former CCBC students who, according to their allegations, enrolled in and completed substantial work in CCBC’s police training program. However, their academic progress was cut short when, in 2002, CCBC’s alleged malfeasance caused state officials to decertify the program, thereby rendering their educational and financial investments largely worthless. Appellees filed actions in the Court of Common Pleas of Beaver County, asserting claims of breach of contract, breach of warranty, and, pertinent to this appeal, a claim under the UTPCPL’s provisions providing a private cause of action for “persons” injured by other “persons” employment of unfair trade practices. See 73 P.S. § 201-9.2.1 After the close of pleadings and discovery, CCBC sought summary judgment with respect to the UTPCPL claims on two grounds. First, noting that the UTPCPL provides a cause of action against “persons,” CCBC observed that the statute defines a “person” as “natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entities,” see 73 P.S. § 201-2(2), and argued this definition excluded community colleges. Second, CCBC maintained that the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. § 8541 et seq., provided it immunity from all statutory liability, including UTPCPL liability, not contained within the Tort Claims Act’s enumerated exceptions. After a hearing on the matter, the trial court denied relief, and CCBC timely filed a permissive interlocutory appeal to the Commonwealth Court.

Initially, the Commonwealth Court reversed, declining to decide whether the [809]*809UTPCPL permits actions against community colleges, but agreeing with CCBC’s position that the Tort Claims Act provided it immunity from all statutory liability not expressly exempted. Meyer v. CCBC, 965 A.2d 406 (Pa.Cmwlth.2009) (en banc); Barr v. CCBC, 968 A.2d 235 (Pa.Cmwlth. 2009) {en banc). Appellees timely sought allowance of appeal, and this Court granted review, ultimately holding that the Tort Claims Act provides immunity for statutory liability sounding in tort, but not in contract, and remanding for further proceedings. Meyer v. CCBC, 606 Pa. 539, 2 A.3d 499 (2010).

On remand, the Commonwealth Court affirmed the trial court’s order denying summary judgment. Meyer v. CCBC, 30 A.3d 587 (Pa.Cmwlth.2011) (en banc). In a majority opinion authored by Judge Simpson, the court reviewed the UTPCPL’s definition of “person,” and, ultimately, found its use of the phrase “any other legal entities” rendered it ambiguous as to the inclusion of political subdivision agencies, such as community colleges. Accordingly, attempting to resolve the ambiguity, the court employed canons of statutory construction in order to discern legislative intent. Specifically, the Court reviewed the UTPCPL’s public and private enforcement action provisions and, noting that only a “person” may seek relief as a plaintiff from others’ employment of unfair trade practices, the court held that interpreting “person” to exclude political subdivision agencies would be absurd, contrary to the UTPCPL’s purpose, and contrary to the public interest:

[A] construction under which a local agency is not a plaintiff “person” results in the inability of local agencies to recover restoration ... to participate with general creditors ... and to bring suit and recover damages, treble damages, costs and attorneys fees.... Thus, local agencies harmed by violations of the [UTPjCPL would have significantly fewer remedies than other legal entity plaintiffs. Concomitantly, those violating the [UTPjCPL have more limited liability if a local agency is a victim. How such a construction is in the public interest is unclear.
Moreover, the absurdity of such a construction is most evident with regard to [the] [sjections ... of the [UTPjCPL ... which deal with suits in the public interest. Section 4 authorizes the Attorney General or district attorney to bring an action in the name of the Commonwealth to restrain practices in violation of the [UTPjCPL where proceedings would be in the public interest. Section 4.1 applies where such an injunction is entered, and it allows a court to also restore money or property “to any person in interest.” Section 8(b) also applies to actions brought under Section 4 in the public interest, and it provides for recovery by the Commonwealth of civil penalties in certain circumstances. These provisions expressly authorize the Commonwealth to be a party plaintiff and to recover civil penalties in certain circumstances.
A construction under which a local agency is not a plaintiff “person” results in the inability of a local agency to recover past lost sums under Section 4.1. This is true even if suit brought in the public interest is successful and prospective in-junctive relief is granted. In short, even where suit in the public interest is successful, a local agency would have no retrospective remedy, only a prospective remedy. Such a result is indefensible, clearly not in the public interest, and inconsistent with our charge to liberally construe the [UTPjCPL to achieve its objectives.

Id. at 594-95 (footnotes omitted). Likewise, observing that only a “person” may [810]*810be held accountable as a defendant for engaging in unfair trade practices, the court reasoned that a rule excluding political subdivisions from the definition of person

unnecessarily restricts the rights of ordinary consumers or other legal entities to recover against local agencies should agency practices be unfair or deceptive so as to violate the [UTPjCPL. Such a construction is not consistent with our charge to liberally construe the [UTP]CPL to achieve its objectives.

Id. at 595. In so holding, the Court rejected CCBC’s argument that it was required to apply an interpretive presumption against imposing liability on governmental agencies. Id. Although conceding that, in some cases, Pennsylvania courts have applied such a presumption, given the UTPCPL’s unique provisions and purpose, as well as public policy, the court declined to apply it in the instant context. Id.2

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Cite This Page — Counsel Stack

Bluebook (online)
93 A.3d 806, 625 Pa. 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-community-college-of-beaver-county-pa-2014.