Massachusetts General Laws chapter 93A is the state’s consumer protection law. It prohibits unfair or deceptive acts or practices in trade or commerce, and it can allow recovery of multiple damages and attorney’s fees. For most consumer claims, the process starts with a demand letter, and getting that letter right matters.
Consumer Claims Under Section 9
An individual consumer bringing a claim under section 9 must generally send a written demand for relief to the business at least 30 days before filing suit. The letter should identify the claimant, reasonably describe the unfair or deceptive conduct, and describe the injury suffered. A letter that is too vague may not satisfy the requirement.
The 30-Day Response Window
The business then has 30 days to respond. If it makes a written tender of settlement that the court later finds reasonable and the consumer rejected it, the consumer’s recovery may be limited to that offer. If the business fails to make a reasonable offer and the court finds the violation was willful or knowing, or that the refusal to offer reasonable relief was in bad faith, damages can be doubled or tripled.
Business-to-Business Claims Under Section 11
Claims between businesses are brought under section 11. A pre-suit demand letter is not required, but a letter can still be a useful settlement tool. Section 11 claims require a higher showing of unfairness than many consumer claims. See our page on Chapter 93A claims between businesses.
Common Chapter 93A Situations
- Landlords who violate security deposit or habitability rules
- Contractors who take deposits and fail to perform, or misrepresent work
- Insurers that engage in unfair claim settlement practices
- Car dealers and repair shops that misrepresent a vehicle or a repair
- Sellers who conceal known defects
If You Receive a 93A Letter
The 30-day clock matters for businesses too. A thoughtful, reasonable written response can limit exposure to multiple damages and fees. Ignoring the letter is one of the most expensive mistakes a business can make. Contact counsel as soon as a demand arrives.
Deadlines
Chapter 93A claims generally must be filed within four years. Related claims may have different deadlines.
Whether you are sending or responding to a demand, call Muggeo & Associates at 978-741-1177 or contact us online.
This article provides general information only and is not legal advice. Laws change and outcomes depend on the facts of each case.