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Chapter 93A Rights and Remedies

Best practices for representing consumers and businesses

1900230B00
11/7/2016
812 pages in 1 volume (printed book)
3rd Edition 2014, with 2016 Supplement
© 2016 MCLE, Inc.
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Product Description

Chapter 93A Rights and Remedies is a practical authority on the law, procedure, and litigation strategies for pursuing and opposing claims of unfair and deceptive trade practices in Massachusetts. This manual guides the practitioner through each aspect of Chapter 93A litigation, from recognizing unfair or deceptive practices at the client intake meeting through preserving issues for appeal. The manual reviews the bases for Chapter 93A claims, familiarizes the user with the role of the Attorney General's Office, and explains which private remedies are available, including punitive and compensatory damages, equitable relief, and attorney fees and costs. The book's exhibits include sample letters, discovery documents, and detailed case digests, with a total of over 300 descriptions of cases involving insurance companies and product liability claims.

Recent updates:

  • Update: November 2016

    Dear Subscriber:

    Thank you for updating your library with the 2016 supplement to Chapter 93A Rights and Remedies. This newly supplemented publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

    Highlights from among the many issues addressed in this supplement include

    • the extent to which regulations of the attorney general apply to Chapter 93A actions brought by business entities;
    • the attorney general's use of assurances of discontinuance and consent orders;
    • the requirement that plaintiffs suffer an injury arising from the unfair or deceptive act in order to state a claim under Chapter 93A;
    • the law governing the arbitrability of Chapter 93A claims;
    • improper debt collection practices as a basis for liability under Chapter 93A and the Federal Trade Commission Act;
    • statutory requirements that the defendant's actions be taken "in the conduct of trade or commerce" and, in Section 11 cases, that they occur "primarily and substantially" in Massachusetts;
    • improper lending practices as Chapter 93A violations;
    • pleading requirements in Section 11 cases;
    • circumstances in which the plaintiff has already received at least some compensation for losses claimed under Chapter 93A; and
    • numerous issues relating to the liability of insurance companies under Chapter 93A and Chapter 176D.

    We trust you will find this latest version of Chapter 93A Rights and Remedies an invaluable resource for your busy practice.

    Very truly yours,

    John M. Lawlor, Esq., MCLE Publications Attorney

  • Update: August 2014

    Dear Subscriber:

    Thank you for updating your library with the third edition of Chapter 93A Rights and Remedies. This new edition captures the extraordinary breadth and depth of developments in this area since the most recent supplement in 2010—reflected in new topics, evolving doctrine, and hundreds of newly added citations.

    Highlights from among the many issues addressed in this edition include

    • clarification of the requirement that Chapter 93A plaintiffs allege and prove that they have suffered a distinct injury or harm arising from the alleged unfair or deceptive act;
    • the standards for determining whether conduct constitutes "trade or commerce" or has taken place "primarily and substantially" in Massachusetts;
    • actions undertaken pursuant to the attorney general's Chapter 93A enforcement powers;
    • legal requirements for preparing and responding to a Chapter 93A demand letter;
    • use of the amount of the underlying tort judgment as the basis for calculating multiple damages when an insurer has engaged in unfair claims settlement practices;
    • federal preemption of claims brought under Chapter 93A;
    • the permissible scope of Chapter 93A actions against, and investigations of, attorneys and law firms;
    • application of the Federal Arbitration Act to claims under Chapter 93A; and
    • the scope of the "permitted practices" exemption in products liability cases.

    We trust you will find this latest version of Chapter 93A Rights and Remedies an invaluable resource for your busy practice.

    Very truly yours,

    John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

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Chapter 1 - Evolution of Chapter 93A: National and Local Authority (Buy Chapter)
Chapter 2 - Bases for Liability Under Chapter 93A—Principles of Unfairness and Deception (Buy Chapter)
Chapter 3 - Public Enforcement (Buy Chapter)
Chapter 4 - Damages in Chapter 93A Cases (Buy Chapter)
Chapter 5 - Initiating Chapter 93A Litigation (Buy Chapter)
Chapter 6 - Defenses and Exemptions (Buy Chapter)
Chapter 7 - Discovery and Trial Preparation (Buy Chapter)
Chapter 8 - Trial of a Chapter 93A Action: An Overview of Common Issues (Buy Chapter)
Chapter 9 - Motor Vehicle Complaints Under Chapter 93A (Buy Chapter)
Chapter 10 - Chapter 93A Litigation Involving Debtor-Creditor Issues (Buy Chapter)
Chapter 11 - Real Estate Transactions (Buy Chapter)
Chapter 12 - Business Remedies Under Chapter 93A (Buy Chapter)
Chapter 13 - Chapter 93A and the Insurance Industry (Buy Chapter)
Chapter 14 - Products Liability Claims and Chapter 93A (Buy Chapter)
Appendix - Massachusetts Consumer Protection Act and Related Statutory Provisions (Buy Chapter)

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