With the potential for awards of multiple damages (i.e., double or treble damages) and recovery of attorneys’ fees and costs, retailers are well advised to: (1) understand who may seek to enforce rights under Chapter 93A, (2) make sure their practices do not run afoul of Chapter 93A and its related rules and regulations and (3) appreciate that an improper response to a Chapter 93A demand or claim may create additional liability or squander an opportunity to limit a claimant’s damages and the recovery of attorneys’ fees and costs.

Read the full article. (Law360 subscription required)

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
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.

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.