In Robles v. Selective Insurance Co. of America, 2025 U.S. Dist. LEXIS 204595 (D. Mass. Sept. 2, 2025), Magistrate Judge Hennessy issued a report and recommendation granting in part
Continue Reading Mass. Court Limits Chapter 93A Claims Against Insurers in Robles v. Selective Insurance Decision
Litigation and arbitration can be time-consuming, expensive, and emotionally draining for all concerned. Although arbitration was designed to be faster and more cost-effective than court proceedings, both are still “rights-based”
Continue Reading Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation
In Sentinel Ins. Co., Ltd. v. Broan-Nutone, LLC, 2025 U.S. Dist. LEXIS 184988, the plaintiff (the Insurer), as subrogee of the Assembly of Christians Gospel Hall Association (the Insured)
Continue Reading Recent Mass. Chapter 93A Case Highlights Key Distinctions Between Sections 9 and 11
On Sept. 23, 2025, Judge Mark Mastroianni of the U.S. District Court for the District of Massachusetts issued a decision in Mulani v. Peter Pan Bus Lines, Inc., dismissing
Continue Reading Junk Fees, Choice of Law, and the Limits of Chapter 93A: Mulani v. Peter Pan Bus Lines, Inc.
The United States District Court for the District of Massachusetts recently granted, in part, a motion for summary judgment in Powers v. Receivables Performance Management, LLC limiting the plaintiff’s damages in her Chapter 93A case to nominal damages.
Continue Reading Federal District Court Draws Clearer Line on Evidence Needed for Actual and Nominal Damages in Chapter 93A Claims
The United States District Court for the District of Massachusetts recently denied a motion to dismiss in Carr v. BG Retail, LLC & Caleres, Inc., a putative class action
Continue Reading Federal Court Allows Chapter 93A Claims Based on Unwanted Marketing Emails to Proceed
In Sommer v. CleanChoice Energy, Inc., 2025 U.S. Dist. LEXIS 175878 (D. Mass. Sept. 9, 2025), the district court, when ruling on a motion to dismiss, analyzed the meaning
Continue Reading Federal District Court Cites Wrong Standard When Assessing Chapter 93A, Section 9 Unfairness Standard
A recent U.S. District Court for the District of Massachusetts decision sheds light on the limits of Massachusetts General Laws Chapter 93A, the state’s unfair and deceptive trade practices statute
Continue Reading Massachusetts Court Clarifies Chapter 93A Applicability to Nonprofits and Educational Institutions
On July 17, 2025, the U.S. District Court for the Central District of California issued a ruling in Sivakova v. American Honda Motor Co., addressing whether plaintiffs had adequately
Continue Reading California Federal Court Allows Massachusetts Chapter 93A Claim to Proceed to Discovery
The Massachusetts Attorney General issued new regulations labeled “Unfair and Deceptive Fees” that take effect on Sept. 2, 2025. We review the regulations, including their scope, what practices are deemed unfair or deceptive, and how the regulations relate to other laws, including similar laws and regulations from the Federal Trade Commission (FTC) and in other states that a business must consider when conducting business outside of Massachusetts.
Continue Reading Massachusetts Tightens Chapter 93A Consumer Protections with ‘Junk Fee’ and Negative Option Regulations