How the Consumer Protection Act (M.G.L. Chapter 93A) Protects People from Unfair and Misleading Business Actions

If you’ve engaged in business or trade, chances are you’ve encountered unfair or deceptive practices resulting in financial losses. Fortunately, in Massachusetts, recourse is available for consumers facing such situations. M.G.L. c.93A empowers consumers to file individual or class action lawsuits against businesses engaging in “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce,” provided the consumer suffered an injury due to such practices (Section 11 allows injunctive relief even without monetary loss, demonstrating potential harm to money or property). Businesses can also file claims against each other for unfair or deceptive trade practices, but the litigation process entails specific steps for a valid claim.

Numerous examples of unfair or deceptive trade practices fall under the purview of 93A, including deceptive pricing, false advertising, and improper debt collection methods. Consumers may have experienced these activities and suffered financial harm. Seeking damages start with sending a demand letter to the violating business, complying with Section 9’s requirements, including a description of the unfair or deceptive practice and the consumer’s injury. The demand letter, sent at least 30 days before filing a lawsuit, should include a settlement offer. Failure to meet specific requirements may lead to case dismissal, and a demand letter is crucial for the potential collection of treble damages and attorney’s fees later in court.

Filing a 93A claim has a time limit of four years from the date of injury or the unfair/deceptive practice. If a court determines a business engaged in unfair or deceptive practices, the petitioner may receive damages equal to actual losses. Section 11 allows the collection of triple damages if the court deems the violation “willful or knowing.”

While M.G.L c.93A offers relief, meeting substantive and procedural requirements is crucial. PK Boston’s attorneys possess the expertise to guide you through this process and help you secure the entitled relief.