The Massachusetts Consumer Protection Act (Gen. Law Ch. 93A) affords consumers – including residential borrowers – a private right of action to seek injunctive relief and damages caused by unfair or deceptive acts and practices. A lender or servicer liable under Chapter 93A is exposed to (i) actual damages caused by the unfair or deceptive act or practice, (ii) mandatory double or treble damages if a court finds the act or practice was knowing or willful, and (iii) mandatory recovery of attorneys’ fees and costs regardless of the amount of damages actually caused (even if the act or practice was not knowing or willful).
The Massachusetts Consumer Protection Act: The Importance of a Proper Response for a Residential Lender or Mortgage Servicer Responding to a Borrower’s ‘Chapter 93’ Demand Letter
