Consumer Protection / 93A

Many consumers are unaware of the rights they are entitled to under the Massachusetts Consumer Protection law, Massachusetts General Laws Chapter 93A. Likewise, many merchants may not fully understand their responsibilities under this law.

 In Massachusetts, the Consumer Protection Act (G.L. Chapter 93A) protects consumers, including tenants, from unfair and dishonest business practices. Under the Act, business actions that are “unfair or deceptive” are illegal and consumers who are harmed by such practices have the right to file suit in court to recover the money they have lost.

The law does not define any specific business actions that violate the law; rather it states that “unfair or deceptive practices” are illegal. Although each case is judged on its own merits, some examples of unfair or deceptive practices that might fall under Chapter 93A would be when:

  • A business charges a consumer higher rates than the marked, published or advertised price.
  • The refund/return policy is not clearly posted where it can be readily noticed and understood.
  • A business fails to tell you relevant information regarding your product or service or misleads you in any way.
  • A business does not meet its warranty agreement.
  • A business uses “Bait and Switch” advertising – a technique by which the seller advertises an item for sale at a particularly good price or terms but does not really want to sell that item. The seller discourages the purchase of the advertised item and instead tries to convince the buyer to purchase a different item for a higher price or on less favorable terms.

The 30-Day Demand Letter

Under the Massachusetts Consumer Protection Act, in order to file a suit, you must first send a 30-day demand letter to opposing party, after which the opposing party will have 30 days to respond.

An experienced tenant lawyer can answer any questions you may have about the process and help you prepare and send the demand letter.

Should you decide to pursue a 30-day demand letter contact the Law Office of Rachel M. Matos today to set up an evaluation of your case and assist you in assessing the details your particular case.