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Chapter 93A Rights and Remedies

Best practices for representing consumers and businesses

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  • Product Number: 2204906WFM
  • Publication Date: 9/1/2020
  • Edition: 4th Edition 2020
  • Copyright: © 2020 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    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: August 2020

      Dear Subscriber:

      Thank you for updating your library with the 2020 edition of Chapter 93A Rights and Remedies. This new edition 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 edition include

      • refinement of the "trade or commerce" requirement for actions under Chapter 93A;
      • types of activities—involving more than simple negligence or mere breach of warranty—that may give rise to claims under Chapter 93A;
      • standards for compelling compliance with a civil investigative demand (CID) from the attorney general;
      • an order from the Supreme Judicial Court increasing the monetary thresholds for actions in the District Court and the Superior Court;
      • requirements applicable to Chapter 93A demand letters;
      • application of statutes of limitations in cases grounded in both Chapter 93A and Chapter 176D;
      • expert testimony necessary to establish a violation of the Massachusetts Lemon Law;
      • a creditor's violation of the attorney general's regulations through use of a predictive dialer to contact a debtor more than twice in one week;
      • the requirement in Section 11 cases that the defendant's actions occur "primarily and substantially" in Massachusetts;
      • an argument that under G.L. c. 93A, § 3 a lack of regulatory enforcement against ride-sharing companies warrants exemption of such services as "transactions or actions otherwise permitted" by law; and
      • numerous issues relating to the liability of insurance companies under Chapter 93A and Chapter 176D, including the Supreme Judicial Court's decision that consent-to-settle clauses are valid under Massachusetts law and that effecting a prompt, fair, and equitable settlement under G.L. c. 176D, § 3(9)(f) does not require that the insurer violate such a clause.

      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, MCLE Publications Attorney

  • Table of Contents

    Table of Contents

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    Chapter 1 expand

    Evolution of Chapter 93A National and Local Authority

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    Chapter 2 expand

    Bases for Liability Under Chapter 93A—Principles of Unfairness and Deception

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    Chapter 3 expand

    Public Enforcement

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    Exhibit 3A

    - Attorney General Letter to Gilead Buy Form

    Exhibit 3B

    - CID: Marketing and Sale of Insurance Policies to Business Owners Buy Form

    Exhibit 3C

    - CID: Sale and Financing of Home Improvement Repairs Buy Form

    Exhibit 3D

    - CID: Motor Vehicle Leases Buy Form

    Exhibit 3E

    - AOD: The Commonwealth and TD Bank, N.A. Buy Form

    Exhibit 3F

    - AOD: Force-Placed Insurance Premiums Buy Form

    Exhibit 3G

    - AOD: The Commonwealth and Viridian Energy, LLC Buy Form
    Chapter 4 expand

    Damages in Chapter 93A Cases

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    Chapter 5 expand

    Initiating Chapter 93A Litigation

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    Exhibit 5A

    - Sample Demand Letter Buy Form

    Exhibit 5B

    - Sample Complaint Buy Form
    Chapter 6 expand

    Defenses and Exemptions

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    Checklist 6.1

    - Chapter 93A Responses and Defenses Buy Form
    Chapter 7 expand

    Discovery and Trial Preparation

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    Exhibit 7A

    - Trial Notebook—Index Buy Form

    Exhibit 7B

    - Sample Discovery Hypothetical Buy Form

    Exhibit 7C

    - Chronology Buy Form

    Exhibit 7D

    - Exhibit Checklist Buy Form

    Exhibit 7E

    - Proof Checklist Buy Form

    Exhibit 7F

    - Interrogatories Buy Form

    Exhibit 7G

    - Request for Production of Documents Buy Form

    Exhibit 7H

    - Request for Admissions Buy Form
    Chapter 8 expand

    Chapter 93A Actions: An Overview of Common Issues

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    Chapter 9 expand

    Motor Vehicle Complaints Under Chapter 93A

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    Chapter 10 expand

    Chapter 93A Litigation Involving Debtor-Creditor Issues

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    Checklist 10.1

    - Unfair or Unconscionable Conduct in Collecting or Attempting to Collect Debt (209 C.M.R. § 18.17) Buy Form

    Checklist 10.2

    - Examples of Conduct Constituting Harassment or Abuse by Collection Agencies Buy Form

    Checklist 10.3

    - Deceptive Debt Collection Acts or Practices Relating to False or Misleading Representations (209 C.M.R. § 18.16) Buy Form
    Chapter 11 expand

    Real Estate Transactions

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    Exhibit 11A

    - Sample Chapter 93A Claim Letter Buy Form

    Exhibit 11B

    - Sample Chapter 93A Response Letter Buy Form
    Chapter 12 expand

    Business Remedies Under Chapter 93A

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    Checklist 12.1

    - Defenses for Chapter 93A Claims Buy Form
    Chapter 13 expand

    Chapter 93A and the Insurance Industry

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    Exhibit 13A

    - Chronological Digest of Published Decisions Involving Chapter 93A Claims Against Insurers Buy Form

    Exhibit 13B

    - List by Court and Date of Published Decisions Involving Chapter 93A Claims Against Insurers Buy Form

    Exhibit 13C

    - Chapter 580: An Act Further Regulating Damages Under the Consumer Protection Act Buy Form
    Chapter 14 expand

    Products Liability Claims and Chapter 93A

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    Checklist 14.1

    - Required Elements of a Chapter 93A Demand Letter in a Products Liability Case Buy Form

    Exhibit 14A

    - Key Cases Interpreting Chapter 93A (Listed Alphabetically) Buy Form

    Exhibit 14B

    - Key Cases Interpreting Chapter 93A (Listed by Topic) Buy Form
    Appendix

    Chapter 93A Resources

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    Appendix A

    - Chapter 93A: Massachusetts Consumer Protection Act Buy Form

    Appendix B

    - Statutory Provisions Linked to Chapter 93A Buy Form

    Appendix C

    - Sample 93A Demand Letters Buy Form
  • Editors & Authors
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