From false promises and bait-and-switch to selling defective products and misrepresenting services, deceptive business people are good at their jobs. At Walckner Law Office, we're better at ours.
Contact us to learn about your legal rights and how we work to help get your money back if you've been scammed.
The Massachusetts Consumer Protection Act, commonly referred to as “93A” (Massachusetts General Law Chapter 93A) forbids unfair or deceptive acts or practices in trade or commerce. A business can be found in violation of 93A based solely on whether its conduct was unfair or deceptive, although many times courts combine the two standards. When the court finds a business violated consumer protection law, the judge can order the business to pay 2 or 3 times the amount of their damages plus attorneys' fees and litigation costs at the end of the case.
It is important to have the assistance of a consumer protection lawyer when you sue a business for lying, misrepresentation, fraud, or other bad behavior. Courts review the circumstances of each case to determine whether a business engaged in unfair or deceptive conduct. Part of proving there was a consumer protection violation in your case is knowing what the court considered unfair or deceptive conduct in other cases. A consumer protection lawyer can show the court how your case is similar to other situations when consumers won lawsuits against bad businesses.
Factors courts consider when deciding if conduct was unfair or deceptive include: (1) whether the practice offended public policy as established by other laws; (2) whether the acts were immoral, unethical, oppressive, or unscrupulous; or (3) whether substantial injury to consumers resulted. Violating certain Massachusetts laws may automatically become a consumer protection violation. Some of these laws include: the Home Improvement Contractor statute, regulations concerning the sale of defective automobiles (New and Used Lemon Laws), unfair treatment by insurance companies, advertising, and debt collection, to name a few.
Business-to-business transactions are covered under the Massachusetts Consumer Protection Law. There are some differences in application, but the overall purpose and substance of the protection are the same. If your business was harmed by the unfair acts of another business, contact Walckner Law Office to discuss your case.
The Massachusetts Consumer Protection Act requires harmed consumers send a “demand letter” to the business that engaged in an unfair or deceptive act or practice prior to filing a lawsuit. This requirement is intended to encourage settlement attempts. Failing to deliver a demand letter that meets the specifications required by law will likely result in a consumer protection claim being dismissed by the court.
At least thirty days before filing a lawsuit under the Consumer Protection Act a written demand letter identifying the consumer, describing the unfair or deceptive act or practice, and detailing the harm suffered must be delivered to the business. There are limited circumstances where a demand letter is not required, but the best practice is to send a demand letter.
In order to comply with the Consumer Protection Act, a demand letter must:
Having the help of a consumer protection lawyer ensures you take the steps needed to protect your consumer rights and follow the requirements set by the law. In one case, a consumer had her lawsuit dismissed because she could not prove she sent a demand latter, nor kept a copy of the letter. In another case, the consumer’s demand letter did not specify the damages suffered or include a damages dollar figure. These small mistakes by the consumer had a very large impact. Not knowing the rules and procedures will not be allowed as an excuse.
It is extremely important to write a detailed letter that meets the requirements of the Consumer Protection Act. A strong letter can encourage settlement and offer a better result in a lawsuit. Having a consumer protection attorney write your demand letter will help ensure procedure and court expectations are met. Because of the demand letter requirement, consumers should expect the letter itself to become an important document for the court to review when deciding your consumer protection case.
Walckner Law Office provides a no-cost initial consultation. Discuss your Chapter 93A consumer protection claim with a lawyer today. We prepare 93A demand letters and litigate consumer protection matters in court.
Consumer protection is a broad area of law. When hiring a lawyer, look for a consumer law firm that focuses on your type of matter. If you feel like you have been hurt by a business and believe your consumer rights were violated, look for a law firm that will fight for you in court.
Some consumer lawyers focus on bankruptcies and debt settlement and help consumers who are having trouble paying their bills. Others focus on foreclosure defense and mortgage modifications and help people stay in their homes. Then there are consumer law firms, like Walckner Law Office, that focus on litigating cases against bad businesses.
Walckner Law Office represents consumers throughout Central and Western Massachusetts. We are dedicated to helping consumers hurt by bad businesses. As civil trial lawyers, we are ready to take your case to court if a reasonable settlement cannot be reached outside of litigation.
Walckner Law Office
Mailing Address: 4 East Central Street, #825, Worcester, MA 01613
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ALL PRICE QUOTES ON THIS WEBSITE ARE SUBJECT TO CHANGE. The contents of this website should not be construed as legal advice on any specific fact or circumstance. It was designed for general information purposes only. Your receipt of such information does not create an attorney-client relationship with Walckner Law Office or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice. Prior results referred to in these materials do not guarantee or suggest a similar result in other matters. The Walckner Law Office lawyer(s) are licensed in Massachusetts.