Chapter 93A / Unfair or Deceptive Business Acts and Practices

I have been representing individuals and businesses in claims for Unfair or Deceptive Business Practices, commonly called “93A claims” since 1997, when I first started practicing as a lawyer. These claims are often asserted together with conventional claims for breach of contract and tort claims, but they are significantly more difficult to prove. I have successfully prosecuted and defended many 93A claims over the years, and understand the many intricacies of such claims. 93A can be a powerful tool if used correctly, and not misused. For example, a well written demand letter asserting a valid 93A claim (which is a requirement before filing a lawsuit on behalf of an individual asserting such a claim), can often lead to a settlement without the need for filing suit. If it becomes necessary to file suit, a strong 93A claim can increase the likelihood of settlement prior to trial, because if the defendant loses at trial he or she can be forced to pay attorney’s fees and punitive damages to the person bringing the claim.

G.L. c. 93A is the primary consumer protection law in Massachusetts. Enacted in 1967, its purpose is to protect both consumers and businesses against unscrupulous and unfair conduct. The statute exists to deter behavior by individuals and businesses that is unscrupulous and deceptive. Although Chapter 93A claims can be difficult to prove, they are potent weapons because a successful party can recover not only its monetary loss, but can also be awarded double or treble damages, in addition to attorney’s fees. Violation of other consumer protection statutes are often automatic violations of Chapter 93A.