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
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?