Chapter 93A Consumer Protection
Chapter 93A
We pursue unfair and deceptive business practices under Massachusetts law.
3x
Treble damages available for willful or knowing violations of Chapter 93A.
100%
Mandatory attorneys’ fees for prevailing plaintiffs under Chapter 93A.
30 Days
Pre-suit demand letter requirement that often forces early settlement.
4 Years
Statute of limitations for Chapter 93A claims in Massachusetts.
We represent consumers and businesses harmed by unfair or deceptive practices under Massachusetts General Laws Chapter 93A.
Our Chapter 93A practice addresses:
- Consumer Claims (Section 9): We represent individuals harmed by deceptive advertising, predatory lending, insurance bad faith, contractor fraud, and unfair debt collection.
- Business-to-Business Claims (Section 11): We pursue claims for companies harmed by supplier fraud, tortious interference, trade secret misappropriation, and anticompetitive conduct.
- Demand Letter Strategy: We draft and respond to the mandatory 30-day demand letters that often resolve disputes before litigation.
- Fee-Shifting Leverage: We use Chapter 93A's mandatory fee-shifting and damage multipliers to level the playing field against larger adversaries.
Overview
Chapter 93A gives plaintiffs three advantages most statutes do not: mandatory fee-shifting, multiple damages for willful violations, and a 30-day demand letter that forces early settlement decisions. Massachusetts courts construe it broadly.
Massachusetts enacted Chapter 93A in 1967, modeled on Section 5 of the Federal Trade Commission Act.
Your Rights
- Protection from Unfair Practices: Chapter 93A prohibits unfair or deceptive acts in trade or commerce, interpreted broadly by Massachusetts courts.
- Mandatory Attorneys’ Fees: Prevailing plaintiffs recover reasonable attorneys’ fees and costs, making smaller claims economically viable.
- Multiple Damages: Willful or knowing violations trigger double or treble damages at the court's discretion.
- Demand Letter Leverage: The 30-day demand letter requirement allows defendants to cure violations, but inadequate responses expose them to enhanced damages.
- Broad Applicability: Chapter 93A covers transactions involving goods, services, real estate, lending, insurance, and professional services.
- Business-to-Business Protection: Section 11 extends protection to businesses harmed by unfair competition, fraud, or bad-faith dealing.
The Attorney General’s regulations under 940 CMR define specific practices presumed to violate Chapter 93A.
Lawyers' Role
- Evaluating Claims and Defenses: We analyze whether conduct constitutes an unfair or deceptive practice under Chapter 93A’s broad standards and advise on the strength of potential claims or defenses.
- Drafting Demand Letters: The 30-day demand letter is often dispositive. We craft demands that maximize settlement leverage while preserving enhanced damage claims if the response is inadequate.
- Litigating Complex Cases: We pursue Chapter 93A claims in Massachusetts Superior Court, the Business Litigation Session, and federal court, often in conjunction with contract, tort, or statutory claims.
- Defending Against Claims: We represent businesses responding to Chapter 93A demands and litigation, focusing on early resolution when warranted and aggressive defense when claims lack merit.
How We Can Help
Injunctive relief and damages when competitors or departing employees exploit proprietary information. 93A multiplies remedies beyond the Uniform Trade Secrets Act.
Coverage denials, claim delays, and lowball settlement tactics. 93A’s fee-shifting makes insurers defend cases they would otherwise stonewall.
Universities, employers, and organizations that conceal known abusers or fail to protect against foreseeable harm. 93A’s fee-shifting and multiple damages hold institutions accountable beyond tort remedies alone.
Franchise and Distribution Disputes
Wrongful termination, encroachment, and franchisor overreach. Section 11 applies when the conduct occurs primarily in Massachusetts.
Commercial Contract Fraud
Misrepresentation in M&A transactions, vendor agreements, and partnership dealings. 93A reaches conduct that contract law alone cannot remedy.
Broker churning, unsuitable recommendations, and undisclosed conflicts. 93A provides leverage beyond FINRA arbitration.
Construction and Development Disputes
Payment disputes, defective work, and project abandonment on commercial projects. Demand letter pressure often resolves matters before litigation.
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Healthcare and Life Sciences
Regulatory fraud, kickback schemes, and deceptive billing practices affecting Massachusetts businesses.
Technology and SaaS Disputes
Service failures, data breaches, and contractual misrepresentation by software vendors.
Predatory App Design
Gambling apps, social media platforms, and other digital products engineered to exploit compulsive behavior. 93A targets manipulative design tactics, dark patterns, and predatory re-engagement strategies that cause financial or psychological harm.
Real Estate Transaction Fraud
Disclosure failures, title defects, and broker misconduct in commercial and residential transactions.
Professional Malpractice
Accountants, consultants, and advisors who cause business losses through deceptive practices.
Demand Letter Defense
Strategic response to 93A demands, focusing on early resolution or positioning for successful defense.
Supplier and Vendor Fraud
Quality misrepresentation, delivery failures, and tortious interference with business relationships.
AI and Algorithmic Discrimination
Lending denials, hiring rejections, and insurance decisions driven by biased algorithms. The AG’s 2024 advisory confirms Chapter 93A applies to AI systems that produce discriminatory outcomes.
Subscription Traps and Hidden Fees
Deceptive auto-renewals, difficult cancellation processes, and undisclosed charges. The 2025 junk fee regulations under 940 CMR 38.00 create per se 93A violations for these practices.
Private Equity Healthcare Misconduct
Overtreatment, deceptive billing, and quality failures at PE-owned medical and dental practices. H.5159 creates direct liability pathways for investors with controlling interests. Whistleblower protections may apply.
Cryptocurrency and Digital Asset Fraud
Exchange failures, rug pulls, and misleading token promotions. 93A provides state law remedies where federal securities claims may not apply.
Data Broker and Privacy Violations
Unauthorized sale of personal information, data harvesting without consent, and failure to honor opt-out requests. 93A supplements Massachusetts data protection statutes.
Healthcare Price Transparency Violations
Failure to provide cost estimates, surprise billing, and systematic insurance claim denials. Massachusetts law requires price disclosure within two business days.
