MA Chapter 93A
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Chapter 93A provides public and private rights of action to people injured as a result of:
unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.
CHapter 93A relief can be sought through a ____ or ___ claim.
Tort or K
Chapter 93A requires that the transaction at issue must occur:
primarily and substantially in MA
Chapter 93A does not cover transaction which are:
completely private and not in the normal course of business.
Under 93A a business suing a business files under:
Under 93A an individual suing a business files under:
Lawsuits filed under section 9 require a 30 day:
demand letter before filing the lawsuit.
Section 11 does not require:
a demand letter like Section 9.
A section 9 demand letter requires:
1. Identity of claimant.
2. Express reference to Ch 93A or Consumer Protection Act.
3. Reasonable description of the unfair or deceptive act or practice and injuries suffered.
4. Relief requested.
5. Expectation of settlement offer within 30 days.
6. Assertion that multiple damages and attorneys' fees will be pursued if relief is denied.
What is an unfair and deceptive practice?
Conduct that caused a person to act differently from the way they otherwise would have acted.
Financial loss need not:
be proved in a Section 9 Chapter 93A action where allegation of injury is sufficient, but does need to be proved in Section 11.
Double or treble damages will be awarded if:
1. the use or employment of the practice was a willful or knowing violation of Chapter 93A. or
2. Refusal to grant relief was made in bad faith with knowledge or reason to know that the act or practice violated CH 93A.
Where defendant makes reasonable settlement offer (as determined by the court) the recovery is:
limited to relief tendered and not multiple damages.
A 93A claim will survive if it is contractual in nature but the punitive double and triple damages portion of the claim will not survive:
if the defendant has died.
Attorneys fees and costs are recoverable under section 3 unless:
the offer of settlement was timely and reasonable, after which fees and costs are not recoverable.
The Statute of Limitations on the protection of consumers through Chapter 93A claim is:
The statute of limitation for a tenant's right of action against a landlord expires after:
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