In Diprio v. Ground Up Constr., Inc., the Massachusetts Appeals Court considered the appropriateness of an award of attorneys’ fees to pro se litigants—homeowners who sued a contractor for violating a Massachusetts Home Improvement Contractor Statute (HICS)—and the proper measure of damages under 93A, Section 9.
Continue Reading Calculating Chapter 93A Damages: Takeaways from Diprio v. Ground Up Construction, Inc.
This case demonstrates the scope of the “loss of money or property” requirement for Section 11 claims.
Continue Reading Unfair Competition and Chapter 93A: Takeaways from Governo Law Firm LLC v. Bergeron
Retailers looking to avoid costly litigation that’s on the rise in recent years should remember two simple maxims: “Rule number one: the customer is always right. Rule number two: If the customer is wrong, please refer to rule number one.”
Continue Reading Are Customers Always Right? Massachusetts’ Chapter 93A Says Yes
In Dworman v. PHH Mortg. Servs., the District of Massachusetts recently issued a decision that deals with various aspects of Chapter 93A jurisprudence. Some of the court’s statements about Chapter 93A, however, may benefit from clarification.
Continue Reading Mass. Chapter 93A Clarifications: Understanding Demand Letters and Contract Breaches in Dworman v. PHH Mortgage
David G. Thomas is quoted in a Massachusetts Lawyers Weekly article titled “AG Throws Down Chapter 93A Hammer on ‘Junk Fees.’”
Continue Reading AG Throws Down Chapter 93A Hammer on ‘Junk Fees’
The District of Massachusetts continues to refine the contours of conduct occurring “primarily and substantially” within the Commonwealth that could give rise to a Chapter 93A Section 11 claim, as
Continue Reading When Is Conduct ‘Primarily and Substantially’ in Massachusetts Under Chapter 93A?
In Ortiz v. Eversource Energy, a putative class action, plaintiffs brought suit against Eversource Energy alleging that Eversource knowingly marketed natural gas and related services as clean and safe for residential consumers and the environment despite knowing this was not true. Allegedly, Eversource knowingly issued communications that were purposefully misleading and inconsistent with scientific studies.
Continue Reading The Chapter 93A Hurdle: Mass. Court Rejects ‘Artificial Price Inflation’ Claims in Energy Marketing Lawsuit
In order to state a viable Chapter 93A, § 11 claim, a plaintiff must make specific, factual allegations about the conduct that occurred primarily and substantially within the Commonwealth of Massachusetts.
Continue Reading Mass. Chapter 93A Claims Require Specific In-State Conduct
In another appeal of a summary process action, the Massachusetts Appeals Court addressed two questions related to Chapter 93A on appeal in 133 W. Main St. Realty, LLC v. Kimball
Continue Reading Mass. Appeals Court Clarifies Chapter 93A Application in Landlord-Tenant Disputes
In Bucci v. Campbell, the Massachusetts Appeals Court, in a summary decision, clarified standards that govern a trial court’s conclusions about whether acts or practices are unfair or deceptive
Continue Reading Mass. Appeals Court Clarifies Chapter 93A, Section 2 Standards: Takeaways from Bucci v. Campbell