Attorney General Enforcement and Defense

State Agency Rulemaking: Beyond Minimum Compliance

By David G. Thomas & Robert C. Ross on February 14, 2025

Posted in Attorney General Enforcement and Defense

Massachusetts Supreme Judicial Court invalidates agency guidelines for non-compliance with Administrative Procedures Act.
Strict adherence to state administrative procedures is crucial for enforceable regulations.
Negotiated rulemaking (“Reg-Neg”) offers potential benefits

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Can Courts Double or Triple ‘Nominal Damages’ for Willful Chapter 93A, Section 9 Violations?

By David G. Thomas on October 11, 2024

Posted in Attorney General Enforcement and Defense

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…
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Are ‘Per Violation’ Statutory Penalties Available to Consumers Under Chapter 93A, Section 9?

By David G. Thomas on October 11, 2024

Posted in Attorney General Enforcement and Defense, Consumer Enforcement and Defense

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…
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