Chapter 93A Consumer Protection Law
In Massachusetts, Chapter 93A is the Consumer Protection Law that protects against unfair and deceptive business practices in the Commonwealth. A consumer suing under Chapter 93A must demonstrate the following to prove the claim:
- That the consumer sent a detailed 30-day demand letter
- That he or she is a “consumer” plaintiff – someone engaging in commerce primarily for personal, family or household purposes
- That the defendant’s actions were “unfair” or “deceptive”
- That these actions resulted in a “loss of money or property, real or personal” to that consumer.
Generally, a court can award a consumer plaintiff who proves the above compensatory or actual damages. Multiple (double or treble) damages are also available if the plaintiff can prove (1) the defendant willfully and knowingly violated Chapter 93A or (2) the defendant refused to grant relief in bad faith with knowledge or reason to know that his acts violated Chapter 93A. An individual consumer can also collect reasonable attorney’s fees and costs incurred in the lawsuit under certain circumstances detailed in Chapter 93A, § 9(4).
The 30-day demand letter must contain specific language and outline the details for your claim. If you believe you have a claim against a business entity in Massachusetts contact us to discuss your case and assist you in drafting the 30 day demand letter as well as secure your rights.