Other Consumer Protection Violations

What Remedies Are Available to Consumers?

Chapter 93A allows consumers to file private lawsuits against businesses that engage in unfair or deceptive acts or practices when they are harmed by that unlawful conduct. A practice is deceptive if it has a tendency to deceive or causes a consumer to act differently than they would otherwise act. A practice is unfair when it’s unethical, oppressive or falls outside established concepts of fairness. In addition, any conduct that violates federal or state laws designed to protect consumers (e.g., the Federal Debt Collection Practices Act, the Fair Credit Reporting Act or their Massachusetts counterparts) also violates Chapter 93A.

Any person who successfully sues a business for a consumer protection violation will be compensated for their actual damages (or nominal damages of $25, if they have no actual damages) and reimbursed for their reasonable legal fees and costs. They may even receive double or treble damages if a court finds that the defendant’s conduct was knowing and willful.

There’s a wide range of unfair or deceptive business practices that can be unlawful under Chapter 93A. Some examples are listed below. If you’ve experienced any of these or similar problems with a business, please contact me. I can evaluate your case to see whether you have grounds for filing a complaint. There’s nothing to lose – the initial consultation is free.

What Businesses Are Subject to Liability Under Chapter 93A?

While consumers can’t sue other consumers under Chapter 93A, the law allows consumers to sue any “person” who engages in “trade or commerce”, including



• banks, credit card companies, mortgage lenders and servicers, investment firms and other financial companies
• telephone, cable television and internet service providers
• student loan lenders and servicers (e.g., Navient, formerly Sallie Mae)
• contractors and repairmen
• insurance companies and agencies
• landlords
• travel and transportation companies (Uber and Lyft, airlines, hotels, tour operators)
• service professionals (doctors, lawyers, accountants, stock brokers, and real estate agents)

Here Are Some Examples of Business Practices That Might Violate Chapter 93A:

• You settled or tried to settle a claim with an insurance company that acted in an unfair or deceptive way
• You bought merchandise from a retail store or internet-based business and
• the seller would not allow you to return what you bought or refused to refund the purchase price.
• you bought merchandise online but received something different than what you ordered
• You bought or subscribed to an online business opportunity or training program that made false or misleading promises (for example, a course that claimed you could make substantial money by working from your home)
• You asked a business to stop automatically charging your credit card for something you bought, but the business refused to do so.
• You were discriminated against based on your race, gender, age, etc.
• A contractor or repairman refused to give you written estimates of repair costs or substantially understated the cost of doing a job or making a repair
• A business failed to honor or comply with a product or service warranty
• You were victimized by high-pressure telephone sales tactics
• You paid to participate in an illegal pyramid, multi-level marketing or chain referral schemes (e.g., your earnings were based on the number of people you could recruit rather than the amount of products you sold or you were required to buy lots of inventory, etc.)
• You did business with a company that used a non-disparagement clause or tried to tried to stop you from filing a complaint through threats and intimidation
• You bought a product or subscribed to a service from a business that did not provide adequate customer support or failed to respond to your inquiries or complaints

RESOURCES AND LINKS:

Massachusetts Guide to Shopping Rights

Massachusetts Tenants Rights

Massachusetts Attorney General – File a Consumer Complaint

Federal Trade Commission – File a Complaint

National Consumer Law Center (advice and information on a wide range of consumer issues)