In Tries v. Cricones, home buyers prevailed at trial on their claims against home developers and sellers. Plaintiffs sued because defendants’ failed to disclose that the buyers’ yard was
Continue Reading Home Developers Beware: Mass. Appeals Courts Finds Chapter 93A Liability Beyond Contractual Disclosure Requirements
In a case challenging certain provisions in a health club’s form contract and alleging Chapter 93A violations, the Suffolk County Superior Court in Massachusetts considered defendants’ motion for summary judgment
Continue Reading No Harm, No Foul: Court Rejects 93A Claim Notwithstanding Health Club Act Violation
On Oct. 25, 2024, the United States District Court for the Northern District of California considered a motion to dismiss a putative nationwide class action for failure to state a
Continue Reading Federal Court Upholds Mass. 93A Claim for Medical Data Disclosure Omissions
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 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 (Gen. Law Ch. 93A) affords consumers – including residential borrowers – a private right of action to seek injunctive relief and damages caused by unfair
Continue Reading Considerations for When a Demand Is Received
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
Continue Reading 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