Cape Cod Barrister

Consumer Protection Laws/ Mass. General Laws ch. 93A

I'm frequently asked questions about laws in Massachusetts intended to protect the consumer, as well as businesses from fraud, deception or other practices considered to be "unfair or deceptive."  There are, in fact, many such statutes that deal with a broad array of areas.  However, I'll cover as many of these as possible in multiple posts. Let's begin with the granddaddy of all consumer protection laws; MGL. 93A.

In 1967, the legislature enacted the Massachusetts Consumer Protection Act. 93A was intended by the legislature to cover a wide range of activities and proscribe "unfair or deceptive acts or practices in the conduct of any trade or commerce."  The statute provided protection and rights of recovery, in different sections, to both consumers or businesses that were victims of such unfair and deceptive acts. The statutory language provides a private right of action to "any person who purchases...property...primarily for personal, family or household purposes and thereby suffers any loss of money or property..." Throughout the years, case law has applied the statute to many areas ranging from the purchase of a home, to the purchase of securities. In effect, most consumer purchases or transactions may be the subject of a viable 93A claim.

The statute further provides that in the event of a successful 93A claim, the prevailing consumer may recover double or triple damages, as well as attorneys fees and costs. The courts have stated that 93A is intended to be a statute of "broad impact" with "far reaching effects."

In order to commence a 93A claim as a consumer, the alleged offending party must be served with a formal 93A "demand letter." In a later post, I'll describe how one determines (or how the court defines) what constitutes "unfair and deceptive" conduct and the procedure for making the formal 93A demand.