Protecting Consumers Against Fraud and Deception

If you are a victim of fraudulent and deceptive conduct by a business, as a consumer in Massachusetts, you have the right to protection under the Consumer Protection Law, Chapter 93A.

Chapter 93A outlines a process for consumers to first send a letter to the business demanding that the business or businessperson make a reasonable attempt to correct the harm caused by the fraudulent or deceptive conduct. Anyone can send one of these letters so long as he or she:

  1. is a "consumer" engaging in commerce for personal, family or household purposes;
  2. was subject to actions or conduct that was "unfair" or "deceptive"; and
  3. as a result, the consumer suffered a "loss of money or property, real or personal."

Once this "demand letter" is sent, the business has a certain amount of time to respond with its offer, attempting to address and fix the harm it caused. Of course, if the matter cannot be resolved through the letter, you may then consider filing a lawsuit. The Commonwealth of Massachusetts has provided a much more in depth explanation of the process here:

A Basic Guide to the Massachusetts Consumer Protection Law

Here's the thing: The Massachusetts Consumer Protection Law is a great tool, originally intended to empower ordinary consumers with the ability to attempt to resolve business-related disputes without engaging in long, painful, expensive lawsuits. The problem is that businesses have gotten very sophisticated at refuting and defending these kinds of complaints. Additionally, your success in bringing a complaint under Chapter 93A can depend largely on the specific language you use in the letter and your ability to negotiate with the company (or, more likely, the company's lawyers) once they respond to your letter.

Having an experienced attorney manage this process for you greatly increases the impact of your demand and your likelihood of success. Without any up-front fee to you, we can help you draft an effective letter and negotiate with the guilty business and its lawyers. If no agreement can be reached, we can then help you to pursue the matter in the courts. Contact us today so we can help.