Unfair Trade Practices For False Advertising In Massachusetts
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FAQ
An act or practice is unfair when it (1) causes or is likely to cause substantial injury to consumers, (2) cannot be reasonably avoided by consumers, and (3) is not outweighed by countervailing benefits to consumers or to competition. Congress codified the three-part unfairness test in 1994.
It's illegal for a salesperson to make false or misleading statements about a product or a service or withhold any information about it in an attempt to convince you to buy it, to sell merchandise "as is", to try to pass a used product off as a new one, or for them to try to sell an item using what is referred to as a ...
Massachusetts has a statute that specifically enables the Attorney General and consumers to take legal action against unfair or deceptive conduct in the marketplace, called Massachusetts Consumer Protection law, Massachusetts General Laws Chapter 93A.
(These practices are commonly called misleading or unfair business practices.) They include false advertising, misrepresentation, tied selling, and failing to comply with regulations. Under consumer protection laws, they are illegal and can lead to compensatory or punitive damages.
Unfair trade practices are practices that grossly deviate from good commercial conduct and are contrary to good faith and fair dealing. 1 Unfair trading practices are typically imposed in a situation of imbalance by a stronger party on a weaker one, and can exist from any side of the B2B relationship.
Filing a Chapter 93A Complaint in Massachusetts Be sent to the business at least thirty (30) days prior to the filing of an actual lawsuit; State that the claimant is a "consumer" - someone who engages in commerce for primarily personal, family, or household purposes; Identify the claimant's full name and address;
The demand letter must be sent at least thirty days before you file your lawsuit with the Chapter 93A claim. The demand letter must identify the person or entity making the claim of unfair or deceptive practices. The demand letter must reasonably describe the alleged unfair or deceptive practice.
