Massachusetts Consumer Protection Law: Your Rights and Remedies

Consumer protection is a fundamental aspect of ensuring fair and ethical business practices. In Massachusetts, the Consumer Protection Law, Massachusetts General Laws Chapter 93A, empowers consumers and the Attorney General to take legal action against unfair or deceptive conduct in the marketplace. In this blog post, we will explore the key aspects of the Massachusetts Consumer Protection Law, including what constitutes a violation and the remedies available to consumers.

What Violates the Consumer Protection Law?
The Massachusetts Consumer Protection Law prohibits “unfair or deceptive practices” in the marketplace. While the law does not provide an exhaustive list of specific violations, it sets a standard to protect consumers from various forms of misconduct. Here are some examples of actions that might be considered unfair or deceptive under Chapter 93A:

1. Charging consumers higher prices than the marked, published, or advertised price.
2. Failing to clearly post refund/return policies where they can be readily noticed and understood by consumers.
3. Withholding relevant information about a product or service, or deliberately misleading consumers.
4. Failing to fulfill warranty agreements made with consumers.
5. Engaging in “Bait and Switch” advertising, where a seller advertises an item at a favorable price or terms but tries to convince the buyer to purchase a different item at a higher price or less favorable terms.

It’s important to note that each case is evaluated on its individual merits, and determining whether an action violates Chapter 93A requires a thorough examination of the facts.

What Happens if a Business Violates the Consumer Protection Law?
If a consumer believes that a business has violated the Consumer Protection Law, it is advisable to first attempt to resolve the issue with the merchant through informal means. However, if the matter remains unresolved, the consumer has the option to take legal action. To establish a claim under Chapter 93A, a consumer must generally demonstrate the following:

1. Sending a detailed 30-day demand letter outlining the complaint, the harm suffered, and the relief sought.
2. Being a “consumer” plaintiff engaged in commerce primarily for personal, family, or household purposes.
3. Proving that the defendant’s actions were unfair or deceptive.
4. Demonstrating that the consumer suffered a “loss of money or property, real or personal” as a result of the defendant’s actions.

If a consumer successfully proves these elements, a court may award compensatory or actual damages. In certain cases, the court may even grant double or treble damages if the plaintiff can establish either willful and knowing violation of Chapter 93A by the defendant or bad faith refusal to grant relief despite knowledge or reason to know that their actions violated the law.

The Massachusetts Consumer Protection Law, Massachusetts General Laws Chapter 93A, serves as a vital tool in safeguarding consumers against unfair or deceptive practices in the marketplace. By understanding their rights and the remedies available to them, consumers can seek redress and hold businesses accountable for any violations. If you believe that a business has engaged in unfair or deceptive conduct, it’s important to consult legal counsel and explore your options under Chapter 93A to protect your rights and interests as a consumer.

If you feel you’ve been unfairly treated by a business in Massachusetts, please contact the offices of Johnson Sclafani & Moriarty for a free initial consultation. 413-732-8356