Massachusetts has one of the strongest consumer protection laws in the country: General Laws chapter 93A. If a business treated you unfairly or deceptively, such as a contractor who took your deposit and disappeared, a dealer who hid a known defect, or an installer who damaged your home and refused to fix it, Chapter 93A may let you recover your losses, and in some cases double or triple damages plus attorney's fees. For most consumers, the process starts with a demand letter.
What Chapter 93A covers
Section 2 of Chapter 93A prohibits unfair or deceptive acts or practices in trade or commerce. The statute does not list every forbidden practice, and courts look at the facts of each case. Common examples include:
- Home improvement contractors who do shoddy work, abandon jobs or misrepresent licensing
- Car dealers who conceal damage or misstate a vehicle's history
- Landlords and property managers who mishandle security deposits or ignore serious defects
- Insurers who unreasonably delay or deny claims, through the related insurance statute, Chapter 176D
- Solar, roofing and other installers whose work damages a home
- Debt collectors and lenders who use deceptive practices
Consumers sue under Section 9 of the statute. Businesses suing other businesses use Section 11, which works differently. More background is in our post on consumer protection under Chapter 93A.
The 30-day demand letter
Before a consumer can file a Chapter 93A lawsuit, the law generally requires a written demand for relief, sent at least 30 days before the suit is filed. A proper demand letter should:
- Identify you as the claimant
- Reasonably describe the unfair or deceptive act or practice
- Describe the injury you suffered, including the dollar amount where you can
- State that you are making a demand under Chapter 93A
A vague letter can undermine your claim later, so be specific. Include dates, what was promised, what happened, what it cost you and what you want done. Send it by a method that proves delivery, such as certified mail, and keep a copy.
What happens after the letter is sent
The business has 30 days to respond. If it makes a written settlement offer that is reasonable in relation to the injury actually suffered and you reject it, your recovery can be limited to the amount offered, even if you later win. That is why a fair offer deserves careful thought.
If the business ignores the letter or makes an unreasonable offer, the stakes go up for it. If a court finds the violation was willful or knowing, or that the refusal to offer a reasonable settlement was in bad faith, the court can award double or triple damages. A successful claimant can also recover reasonable attorney's fees and costs. Even where actual damages are small, the statute provides a minimum recovery of $25.
Deadlines and exceptions
- Statute of limitations: Chapter 93A claims generally must be brought within four years.
- When no demand letter is needed: The demand requirement does not apply in limited situations, such as a counterclaim, or when the business has no place of business or assets in Massachusetts.
- Business-to-business claims: Section 11 claims do not require a 30-day demand letter, although many businesses send one anyway to open negotiations.
If your business receives a demand letter
Do not ignore it. The 30-day window is your chance to investigate and make a reasonable written offer, which can limit your exposure to multiple damages and fees. Talk to a lawyer promptly so the response is on time and well supported.
How we can help
A well-drafted demand letter often resolves a dispute without a lawsuit, and a poorly drafted one can weaken a strong claim. Lake Shore Legal drafts and responds to Chapter 93A demands for consumers and businesses throughout Worcester County. Learn more about our civil litigation practice or request a consultation.
This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.