Unfair/Deceptive Business Acts & Practices

Unfair/Deceptive Business Acts & Practices
The Massachusetts Consumer Protection Act (Chapter 93A) prohibits business from engaging in any unfair or deceptive actions or practices. Courts have long acknowledged that the scope of this law is broad, as “there is no limit to human inventiveness in this field.” The law can apply to banks, mortgage servicers, car dealerships, student loan servicers, and debt collectors, among others.

Under Chapter 93A, before bringing a lawsuit a consumer must first send a demand letter to the other side explaining the basis of their dispute, and how they were damaged. This letter is important because the other party must make a reasonable settlement offer in response. In many cases, this can provide an early opportunity for both parties to negotiate a mutual settlement.

If a settlement offer is made by the other party, it will be important to determine whether it is reasonable. If it is reasonable but you reject it, then you will not be able to recover any more than this amount from the court.

Alternatively, if the settlement offer is unreasonable (or no settlement offer was made), then the potential damages you might recover from court drastically increase. Specifically, you might then be entitled to triple damages, plus attorney’s fees.

Because of this, you may not need to pay any out of pocket costs for representation from Brine Consumer Law. Phone consultations are also free, so call today to discuss.

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