Sunday, December 02, 2007

consumer - pleading - UTPCPL - no natl. bank liability under HIFA

Millege v. Chase Bank et al - ED Pa. November 26, 2007

Like a number of other courts, this one misstated the pleading requirements under the state consumer protection law, 73 PS 201-2(4)(xxi), holding that the particularity equivalent of fraud pleading is required. The court actually miscited and misquoted the relevant provision, citing it as sec. 201-2(4)(xvii), the pre-1996 citation, instead of sec. 201-4(xxi), and omitting the "or deceptive" language added by the 1996 amendments.

The court also held that a national bank such as Chase cannot be found liable under the state Home Improvement Finance Act (HIFA), 73 P.S. 500-408, for its alleged inclusion of a cash loan in a home improvement contract, because such liability is pre-empted by 12 USC 371 and 12 CFR 34.4, which say that such banks can make real estate loans wihtout regard to state law limitations concerning the terms of credit.