Retailers doing business in Massachusetts should ensure that their price comparison advertising complies with Massachusetts law, particularly 940 C.M.R. § 6.05 (Section 6.05). Otherwise, they may face a civil enforcement action by the Massachusetts Office of the Attorney General (MA AGO), a putative class action brought by a consumer under the Massachusetts Consumer Protection Act – Chapter 93A, or even a civil action brought by a competitor alleging unfair and deceptive trade practices.

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Photo of David G. Thomas David G. Thomas

David advises on individual and corporate disputes during the entire dispute-resolution life cycle, including through strategic negotiation, mediation, other forms of alternative dispute resolution, and adjudication through trial when needed or required. David has experience with many subject matters, including unfair or deceptive…

David advises on individual and corporate disputes during the entire dispute-resolution life cycle, including through strategic negotiation, mediation, other forms of alternative dispute resolution, and adjudication through trial when needed or required. David has experience with many subject matters, including unfair or deceptive business practices disputes in individual and putative class action settings, including under Massachusetts General Laws Chapter 93A—the Massachusetts Consumer Protection Act. Boston magazine selected David as a “Top Lawyer—Class Action” in 2022 and 2023. Also, David works with clients on avoiding disputes proactively by identifying and ameliorating existing or potential dispute risks in business policies and practices.

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Photo of James P. Ponsetto James P. Ponsetto

James P. Ponsetto is a trial attorney with broad experience involving complex business and bankruptcy-related litigation. Jim has served as counsel for corporations and individuals in federal and state courts, before arbitration panels, and in connection with mediation proceedings. He litigates various types

…

James P. Ponsetto is a trial attorney with broad experience involving complex business and bankruptcy-related litigation. Jim has served as counsel for corporations and individuals in federal and state courts, before arbitration panels, and in connection with mediation proceedings. He litigates various types of civil disputes, including breach of contract claims, securities claims, class action suits, consumer protection claims, intellectual property matters, lender liability claims (including Truth-in-Lending disputes and claims arising in connection with residential foreclosures), construction disputes, employment disputes (management side), tax disputes, title insurance disputes and related matters. His bankruptcy litigation experience involves adversary proceedings and contested matters concerning multiple areas, including fraudulent conveyance actions (including preference actions), claim disputes, motions to dismiss Chapter 11 proceedings, and confirmation disputes.

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