Chapter 93
Terms
undefined, object
copy deck
- What is Chapter 93A?
- Massachusetts Consumer Protection Act
- What does the MCPA provide?
-
public and private remedies to people injured as a result of
unfair methods of competition
unfair or deceptive acts or practices in conduct of any trade or commerce - How can one get relief under the MCPA?
- Through a tort or contracts action
- Requirements for Chapter 93A claim
-
1. transaction in issue must occur primarily and substantially in MA
--this is a defense with burden on D
2) business transaction cannot be completely private
3) must be within statute of limitations - When does a transaction occur primarily and substantially in MA?
-
Consider three factors:
1. where d committed deceptive practice of act
2. where p recieved and acted upon the deceptive statemetns or acts
3. where p's losses occurred as a result of the acts - What type of business transactions are covered?
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Transactions where one party is a business.
NOT purpose private transactions. -
Covered under 93A?
1. landlord v. tenant
2. client v. atty
3. individual seller v. individual buyer
4. partner of firm v. partner of firm -
1. yes
2. yes
3. no
4. no -
What section of 93A are the following brought under?
1. business sues business
2. individual sues business -
1. Section 11
2. Section 9
**must file under correct section, otherwise dismissed - When to use 93A on bar exam?
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Apply at least once. Probably in contracts or torts question.
Maybe property question. - What does section 9 before filing Chapter 93A suit?
-
Demand letter 30 days before filing suit. Must include
- identity of claimant
- express reference to 93A and MCPA
- assertion that claimant's rights as consumer violated
- assertion that d acted in unfair or deceptive manner
- reasonable description of act or practice and injuries suffered
- relief requested
- expectation of settlement offer w/in 30 days
- assertion that multiple damags and attys fees will be pursued if relief is denied - What is unfair or deceptive practice?
- conduct that could reasonably be found to have caused a person to act differently from the way she otherwise would have acted
- Who is a person under 93A?
-
person
corporation
trust
partnership
unincorporated or incorporated associations - Does MTCA give rise to jury rt?
- no, but court has discretion if requested.
- What is statute of limitations on protection of consumers through ch. 93A claim?
-
4 years
UNLESS accompanying claim has shorter sol, then use shorter sol
e.g. if 93A claim accompanies tort claim with 3 year sol, then 93A claim has 3 year sol - What damages are available under 93A?
-
1. statutory damages (value of item)
--must be proved under section 11
--financial loss need not be proved under section 9
2. attys fees and costs
--unless offer of settlement timely and reasonable
3. double or treble damages if
--use or employment of practice was wilfull or knowing violation of Ch. 93A
OR
--refusal to grant relief made in bad faith with knowledge or reason to know that act or practice violated Ch 93A - How does defendant's making of reasonable settlement offer affect damages under 93A?
-
If court determines that d made reasonably settlement offer for injury suffered,
recovery limited to relief tendered and NOT multiple damages. - What additional is needed for successful claim under Section 11?
- A level of rascality that would raise an eyebrow in those inured to rough and tumble business world.