what constiutes a 93a violation by an attorney

A Chapter 176 (d) violation is a per se violation of chapter 93A. Built within Chapter 93A is the availability of double or triple damages (meaning once damages are found a judge may double or triple the amount) and the possibility of costs and attorney fees.

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What damages are available if a business violates Chapter 93A?

Feb 16, 2015 · Do Violations of the Building Code Violate Chapter 93A? The Massachusetts Consumer Protection Act, General Laws Chapter 93A, § 2, prohibits “unfair or deceptive acts or practices in the conduct of trade or commerce.”. Since Chapter 93A was enacted in 1967, the Commonwealth’s courts have continued to define the scope and substance of the conduct that …

What is a violation of section 93A of the FTC Act?

Jan 30, 2018 · The Regulation of Business Practices for Consumer Protection Act, commonly referred to by its statutory chapter number, “Chapter 93A,” is a frequently utilized statute that provides individual consumers and businesses with a right to bring legal action and recover damages if they are harmed by an unfair business practice. Under the statute, “unfair or …

What is Chapter 93A of the Massachusetts General Laws?

A court can award a business plaintiff who proves the above compensatory or actual damages. Double or triple damages are also available if the plaintiff can prove the defendant willfully and knowingly violated Chapter 93A. Reasonable attorney's fees and costs incurred in the lawsuit are also available under certain circumstances.

What are unfair or deceptive business practices under Chapter 93A?

Sep 25, 2013 · G. Generally, violation of the State Sanitary Code (105 CMR 410) is automatically a violation of M.G.L. c. 93A. H. Generally, violation of lead paint laws automatically a violation of 93A. XI. ENFORCEMENT M.G.L. c. 93A, § 9. The mechanics of proceeding with 93A consumer complaints differs from the process required for business-to-business complaints. M.G.L. c. …

What is a 93A lawsuit?

93A, is a powerful legal tool that allows the Attorney General and consumers to take action against unfair or deceptive conduct in the marketplace. The Consumer Protection Act allows lawsuits against unfair or deceptive acts or practices taken against consumers.

Who may bring an action under mass GLC 93A?

Massachusetts has a statute that specifically enables the Attorney General and consumers to take legal action against unfair or deceptive conduct in the marketplace, called Massachusetts Consumer Protection law, Massachusetts General Laws Chapter 93A.

How do I respond to a 93A demand letter?

You must respond in 30 days. There is no equivocation on this point. As a business, you absolutely, positively must respond to the demand letter by or within 30 days from the date of receipt of the consumer protection demand letter.

What is Massachusetts 93A?

The Consumer Protection Act (M.G.L. Chapter 93A ) protects people from unfair and misleading business actions. It gives buyers the right to sue in court and get back money they lost. The law also allows businesses to sue other businesses.

Is Bait and Switch illegal in Massachusetts?

It's illegal for a salesperson to make false or misleading statements about a product or a service or withhold any information about it in an attempt to convince you to buy it, to sell merchandise "as is", to try to pass a used product off as a new one, or for them to try to sell an item using what is referred to as a ...

Are demand letters harassment?

Although demand letters are commonplace and often afforded legal protection, their legality has drawn increasing scrutiny. In 2006, the California Supreme Court held that a lawyer's prelitigation communications — including demand letters — can constitute extortion.Sep 23, 2016

What is a legal demand letter?

A demand letter is a letter, usually written by an attorney on a client's behalf, demanding that the recipient of the letter take or cease a certain action.

What is the purpose of the demand letter requirement in mass GLC 93A 9?

A Demand Letter for Chapter 93A is an official letter sent prior to filing a lawsuit against someone else, which describes the wrongful acts of the other party along with the “demands” requiring a response within thirty (30) days.Apr 7, 2022

How does Consumer Protection Act work?

The Consumer Protection Act, implemented in 1986, gives easy and fast compensation to consumer grievances. It safeguards and encourages consumers to speak against insufficiency and flaws in goods and services. If traders and manufacturers practice any illegal trade, this act protects their rights as a consumer.

How are consumers protected?

In the United States a variety of laws at both the federal and state levels regulate consumer affairs. Among them are the Federal Food, Drug, and Cosmetic Act, Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Truth in Lending Act, Fair Credit Billing Act, and the Gramm–Leach–Bliley Act.

What is Chapter 93A?

Many consumers are unaware of the rights they are entitled to under the Massachusetts Consumer Protection law, Massachusetts General Laws Chapter 93A. Likewise, many merchants may not fully understand their responsibilities under this law. The law does not define any specific business actions that violate the law;

What is the Massachusetts Consumer Protection Law?

Massachusetts has a statute that specifically enables the Attorney General and consumers to take legal action against unfair or deceptive conduct in the marketplace , called Massachusetts Consumer Protection law, Massachusetts General Laws Chapter 93A.

What is refund policy?

A business charges a consumer higher rates than the marked, published or advertised price. The refund/return policy is not clearly posted where it can be readily noticed and understood. A business fails to tell you relevant information regarding your product or service or misleads you in any way.

What is the FTC Act?

The Federal Trade Commission Act prohibits unfair or deceptive acts or practices effecting commerce as federal law. FTC Act does not provide for private cause of action. Violation of federal statutes may constitute violation of 93A. D. 93A or “Consumer Protection Act” first enacted in 1967.

When was the Consumer Protection Act passed?

D. 93A or “Consumer Protection Act” first enacted in 1967. E. Prohibits use of "unfair and deceptive practices" in conduct of any trade or business. F. With 93A consumers enjoy right to bring claims against violators of statute, and recover attorney fees and, in some cases, multiple damages. G.

What is Chapter 93A?

Chapter 93A contains two different regimes for relief, depending on whether a claimant is a consumer, in which case suit is brought under Section 9, or an entity engaged in trade or commerce, in which case the plaintiff proceeds under Section 11 (a business-to-business claim).

What is 93A in Massachusetts?

Massachusetts General Laws Chapter 93A , § 2 (“Chapter 93A”) states: “Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.”. From that simple statement, numerous acts and practices can serve as the basis for a suit alleging a violation of c. 93A.

What is Section 11 of Chapter 93A?

Chapter 93A, Section 11 provides a right of action to any person engaged in trade or commerce who suffers a loss of money or property from another person’s use, in trade or commerce, of an unfair method of competition or an unfair or deceptive act or practice. Unlike Section 9, Section 11 does not require a demand letter prior to initiating suit, ...