The Chapter 93A, Section 9 demand letter presentment requirement allows respondents to evaluate risks and consider pre-suit settlements, as it limits claimants from pursuing relief not specified, thereby potentially avoiding
Continue Reading ‘Presentment Requirement’ for Chapter 93A, Section 9 Demand Letters: District of Massachusetts Provides Guidance
Overturning his own bench decision certifying the class, on Nov. 26, 2024, the Honorable William G. Young decertified the nationwide class in Ortiz v. Saba Univ. Sch. of Med.
Continue Reading Chapter 93A Application Limited in Nationwide Class Actions: District of Massachusetts
On Oct. 10, the Massachusetts Appeals Court addressed when a breach of contract violates Chapter 93A in Green Paradise Servs., LLC. V. Hatch Landscape & Design, Inc.
In this case,
Continue Reading ‘Unseemly’ Contract Breach Does Not Automatically Trigger Chapter 93A Liability: Mass. Appeals Court
No. Although a consumer-plaintiff may seek to double or treble actual damages for willful or knowing Chapter 93A violations, a court should not multiply Section 9’s $25 nominal damages award
Continue Reading Can Courts Double or Triple ‘Nominal Damages’ for Willful Chapter 93A, Section 9 Violations?
No. Chapter 93A, Section 9(3) expressly provides for only two forms of recovery: (1) actual damages or (2) $25 in statutory damages, whichever is greater. According to the Massachusetts
Continue Reading Are ‘Per Violation’ Statutory Penalties Available to Consumers Under Chapter 93A, Section 9?
On Aug. 21, 2024, in In re Amitiza Antitrust Litig., the United States District Court for the District of Massachusetts dismissed a c.93A claim brought by a putative class
Continue Reading Illinois Brick’s Indirect Purchaser Bar Does Not Apply to Consumer Claims under Mass. Ch. 93A, Section 9
On Sept. 23, 2024, the First Circuit Court of Appeals affirmed the district court’s entry of summary judgment for the defendant on the plaintiff’s Chapter 93A, Section 9 claim in
Continue Reading First Circuit Delves Into Interaction Between Massachusetts Gaming Commission Regulations and Chapter 93A, Section 9
On Sept 11, 2024, in In re In re NCB Mgmt Servs., the U.S. District Court for the Eastern District of Pennsylvania dismissed a Chapter 93A claim and a
Continue Reading Courts Can Use Motions to Dismiss to Resolve Claims of Massachusetts Connections Establishing c. 93A, § 11 Jurisdiction
On Sept. 12, 2024, the Appeals Court of Massachusetts upheld a trial court judge’s directed verdict of a plaintiff’s Chapter 93A, Section 9 claim in Simon v. Laundromax-104 Warrant St.,
Continue Reading Mass. Appeals Court Concludes That Negligence Alone Does Not Violate Chapter 93A
The Massachusetts Consumer Protection Act, Massachusetts General Laws Chapter 93A, prohibits “unfair methods of competition” and “unfair or deceptive acts or practices in the conduct of any trade or commerce.”
Continue Reading Mastering Massachusetts General Laws Chapter 93A —The Massachusetts “Consumer” Protection Act (Part IV) (PLI Current)