Bringing Claims Under the Massachusetts Consumer Protection Act

The Consumer Protection Act, G.L. c. 93A, protects consumers from unfair and deceptive actions committed by a business. The Act, as drafted, protects against a wide array of unfair and misleading conduct, and provides substantial relief, in that an aggrieved consumer who prevails on their claim is not only entitled to their damages, but is automatically also entitled to recover the costs and attorney fees they incurred in bringing their claim. In certain conditions, the court will award double or triple damages, such as when the conduct of the defendant is particularly egregious or appears to have been willful or intentional.   

After one client paid over $30,000 purchase stereo equipment from a Massachusetts retailer that failed to deliver the goods or refund the purchase price, Attorney Thurbide obtained a judgment in favor of her client for treble damages plus all costs and attorneys fees. 93A claims can often be included along with other claims, such as breach of contract or unfair debt collection claims to allow for recovery of greater damages. 

Chapter 93A claims can also be raised by a business against another business. Earlier in June, Lawyer’s Weekly highlighted a Plymouth Superior Court case in which one company was awarded triple damages against another business that failed to deliver website design services as promised. 

There are special requirements that must be met as a prerequisite before a consumer can bring a 93A claim, including a legally compliant demand letter. If you have questions about whether you may have the right to bring a Chapter 93A claim against a business, contact KMT LAW PC for a free consultation.