This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Massachusetts Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand
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FAQ
What is the Unfair Trade Practices Act? First created in the 1940s by the National Association of Insurance Commissioners (NAIC), the Unfair Trade Practices Act is model legislation that helps protect consumers from unethical business practices.
Some examples of unfair trade methods are: the false representation of a good or service; false free gift or prize offers; non-compliance with manufacturing standards; false advertising; or deceptive pricing.
Chapter 93A ) protects people from unfair and misleading business actions. It gives buyers the right to sue in court and get back money they lost. The law also allows businesses to sue other businesses. This only happens when a business was dishonest or unfair to another one.
Some examples of unfair or deceptive trade practices include: Claiming a product is something it is not or performs a task it does not, or substituting an inferior product for the product advertised. Systematically overcharging for a product or service. Failing in good faith to settle insurance claims.
The demand letter serves three basic functions: It provides notice and information to business about the nature of the consumer's claim, It encourages business to negotiate a settlement rather than go to court, and. It controls the number of money damages a consumer may ultimately recover.
An act or practice is unfair where 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 ben- efits to consumers or to competition.
Section 2: Unfair practices; legislative intent; rules and regulations. Section 2. (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
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.