What is “Chapter 93A,” and How Does it Apply?
Chapter 93A of the Massachusetts General Laws covers the state’s consumer protection statutes. It protects people from unfair, deceptive, or dishonest business transactions, and it allows both people and businesses to sue in court and get back the money they have lost.
Whom does the law protect?
Chapter 93A protects both individual consumers and businesses from unfair or deceptive trade practices, which are prohibited under the law. Chapter 93A provides remedies for resolving consumer disputes. If you have suffered damages as a result of a business’s unfair or deceptive actions, you may be entitled to those remedies under this law.
What are some examples of cases where Chapter 93A applies?
Some examples of conduct that Chapter 93A applies to include the following:
· Not meeting a warranty agreement;
· Charging higher rates than the business advertised;
· Breaching a contract;
· False advertising, or “bait-and-switch” advertising;
· Misrepresentations or failing to disclose important information to consumers;
· Other fraudulent or dishonest conduct.
What happens if Chapter 93A is violated?
In the case of a consumer violation, the consumer who was wronged must send a demand letter to the business that acted unfairly or deceptively. There are very specific rules about what this letter must include, and it must be sent at least 30 days before filing a lawsuit. Business-to-business violations do not require a demand letter, but there are other important considerations which must be satisfied. It is important to seek legal help or the help of a consumer advocate if you believe your rights were violated under Chapter 93A.
This law allows consumers to recover not only the damages they have suffered as a result of the business’s conduct, but also potentially recover double or triple damages, plus attorney’s fees. Typically, double or triple damages are reserved for cases of particularly egregious conduct but may be ordered by the court in Chapter 93A lawsuits.
It is important to note that not all business transactions are covered by this statute. As some examples, employer-employee disputes, or those between partners or shareholders in a business typically do not fall under Chapter 93A’s protections.
Where can I find more information?
The following resources can be helpful in learning more about consumer protection laws in Massachusetts:
If you believe your rights as a consumer were violated, the MCC Law Center might be able to help. The MCC Law Center Local Consumer Program works in cooperation with the Massachusetts Attorney General's office to provide free consumer services and help resolve consumer complaints. Contact us for more information.
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