flashcard
1 / 23
Front
"Trade or Commerce"
❮ prev
next ❯
1 / 23
Back
Any services, property, security, contract of sale, article/commodity/thing of value wherever situated
❮ prev
next ❯
terms list
"Trade or Commerce"
Any services, property, security, contract of sale, article/commodity/thing of value wherever situated
Mass Consumer Protection Act
Public/Private remedies for injuries resulting from unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce
Actions Not covered by 93A
Business transactions that are completely private and not undertaken in the normal course of trade or business
Examples of non-93A actions
Suits involving state claims that are preempted by federal law, actions b/w partners, securities transactions b/w two businesses, strict breach of contract, buyer against noncommercial seller of house, etc.
"unfair or deceptive acts" -- §9
Conduct that "could reasonably be found to have caused a person to act differently from the way he otherwise would have acted" -- defined by FTC, AG regulations, and public protection statutes
"unfair competition" -- §11
Defined by state and federal antitrust law
Waiver of consumer rights
Not allowed unless specifically permitted by the law creating the rights
Public Remedies available
Informal resolution (if no substantial financial loss or large number of consumers), Assurance of discontinuance, Injunction, Restitution (up to $5,000 each if they "knew or should have known" of the violation), Corporation dissolution/suspension (for habitual violations)
Exemptions -- burden of proof
Burden on person claiming the exemption
Section 11
Governs all private civil actions by businesspersons
Section 9
Private actions by consumers (people who aren't businesspersons)
Notice
Except for TRO, AG must give person 5 days notice by mail prior to commencement of 93A action
Requirements of demand letter - ch. 9
1) 30 days prior to filing civil action, 2) identity of claimant, 3) express reference to Chapter 93A of the CPA, 4) description of the unfair or deceptive act/practice, 5) description of injuries suffered as a result, 6) relief requested, 7) notice that claimants expect offer of settlement within 30 days, 8) assertion that claimant will pursue multiple damages and attorneys fees if relief is denied
Requirements of response - ch. 9
Reasonable settlement offer (defendant has burden of proof of reasonableness) will restrict damages
Relief -- statutory damages
Even if no financial harm, statutory damages of $25 is recoverable in Section 9, NO damages without injury in Section 11 -- there must be actual loss of money or property
Relief -- multiple damages
Up to three times but not less than two times actual damages for willful or knowing violations, unless plaintiff rejected reasonable settlement offer
Amount of damages - ch. 9
ALL claims arising out of transaction plus attorney's fees, interest, NOT INCLUDED INSURANCE coverage
Demand Letter excused - ch. 9
Defendant can prevent multiple damages by making written offer of relief and paying to court
Exhausation of Remedies
required only for section 11 businessperson suits, NOT consumer suits
Actual loss required
Only for 11 businessperson suit
Class Actions in §11
Allowed if 1) shows that use of unfair practice caused similar injury to numerous persons, 2) court finds person an adequate and fair representative, 3) he complies with order giving notice to all unnamed plaintiffs
Right to Jury Trial
Not for Chapter 93A, but in a suit on other grounds, jury can be asked to also consider 93A claims and issue advisory opinion
Statute of Limitations
4 years, beginning when the person knew or should have known of the facts underlying cause of action
more from user
Evidence - MA Distinctions
49 items
en en
Remedies
31 items
en en
Wills and Trust - CA Bar 2012
58 items
en en
Evidence - CA 2013
34 items
en en
Corporations - CA
47 items
en en
Community Property
29 items
en en
Professional Responsibility - CA
25 items
en en
Trusts
48 items
en en
Con Law
202 items
en en
Evidence - Exceptions to Similar Occurrences
8 items
math en
Fed Jurisdiction
56 items
en en
Domestic Relations
36 items
en en