Deceptive Trade Force In Massachusetts
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(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.
State law requires you to send the business a letter 30 days before filing a claim in court. The letter must outline your complaint, the harm you suffered, and how you want the problem resolved. This is called a 30 Day Demand Letter.
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.
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.
Parties to Chapter 93A claims are not entitled to have their claims tried before juries; however, the trial judge may, in his or her discretion, present these claims to a jury for an advisory verdict. The trial judge may give such advisory verdict whatever weight he or she deems appropriate.
Refund, Return & Cancellation Policies Contrary to popular belief, there is no set law about return policies in Massachusetts.
An action brought to enforce the provisions of this Act shall be barred unless commenced within four years after the cause of action accrued.
Massachusetts law defines a trade secret as "anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement." Mass.
