Help for Consumers Cheated by Bad Businesses

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. 

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:

• be sent thirty days or more before the lawsuit is filed,
• identify the consumer,
• describe the unfair or deceptive acts or practices
• describe the harm suffered,
• be delivered to each involved business, and
• provide notice that a claim under G.L. c. 93A is being asserted.

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.