Chapter 93A Rights and Remedies

Best practices for representing consumers and businesses

Product Number: 1900230B00
Publication Date: 2/28/2025
Edition: 6th Edition 2025
Copyright: © 2025 MCLE, Inc.
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Chapter 93A Rights and Remedies

Best practices for representing consumers and businesses

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Pricing: $195.00; Members: $175.50; New Lawyers: $97.50

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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: February 2025
  Dear Subscriber:
  
  Thank you for enhancing your library with the 2025 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.
  
  Highlights from among the many issues addressed in this edition include
  - the scope and adaptability of Chapter 93A;
  - the insufficiency of a mere refusal to deal in establishing a Chapter 93A claim;
  - Chapter 93A actions premised on violation of a statute or regulation;
  - detailed guidance on the preparation of litigation budgets;
  - Mass. R. Civ. P. 30A requirements for taking depositions using Zoom or other videoconferencing technology;
  - a finding regarding when debt collectors "initiate" communications with debtors for purposes of Chapter 93A;
  - minors' disaffirmation of contracts pursuant to G.L. c. 231;
  - whether the defendants' actions occurred "primarily and substantially" in Massachusetts;
  - a Chapter 93A claim based on closure of a restaurant's street and disruption of its business;
  - adoption of a law governing noncompetition agreements, codified at G.L. c. 149, § 24L; and
  - the circumstances under which a jury trial may be available on a Chapter 93A claim.
  We trust you will find this latest version of Chapter 93A Rights and Remedies an invaluable resource for your busy practice.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Evolution of Chapter 93A: National and Local Authority
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Donna L. Palermino, Esq.,

Chapter 02 expand

Bases for Liability Under Chapter 93A—Principles of Unfairness and Deception
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Jeffrey Gribouski, Esq., Bowditch & Dewey LLP
Patrick S. Tracey, Esq., Saul Ewing LLP

Chapter 03 expand

Public Enforcement
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Donna L. Palermino, Esq.,

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 04 expand

Damages in Chapter 93A Cases
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Angela Bunnell, Esq., Greenberg Traurig LLP
James P. Ponsetto, Esq., Greenberg Traurig LLP
David G. Thomas, Esq., Greenberg Traurig LLP
James M. Vant, Esq., Greenberg Traurig LLP
Mian R. Wang, Esq., Greenberg Traurig LLP

Chapter 05 expand

Initiating Chapter 93A Litigation
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Roger J. Bertling, Esq., Harvard Law School

Exhibit 5A
- Sample Demand Letter Buy Form

Exhibit 5B
- Sample Complaint Buy Form

Chapter 06 expand

Defenses and Exemptions
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Checklist 6.1
- Checklist of Chapter 93A Responses and Defenses Buy Form

Chapter 07 expand

Discovery and Trial Preparation
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Kenneth C. Pickering, Esq., Pickering Legal LLC

Exhibit 7A
- Sample Litigation Budget Buy Form

Exhibit 7B
- Trial Notebook—Index Buy Form

Exhibit 7C
- Sample Discovery Hypothetical Buy Form

Exhibit 7D
- Chronology Buy Form

Exhibit 7E
- Exhibit Checklist Buy Form

Exhibit 7F
- Proof Checklist Buy Form

Exhibit 7G
- Interrogatories Buy Form

Exhibit 7H
- Request for Production of Documents Buy Form

Exhibit 7I
- Request for Admissions Buy Form

Chapter 08 expand

Chapter 93A Actions: An Overview of Common Issues
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Kyle Bjornlund, Esq., Cetrulo LLP
Lawrence G. Cetrulo, Esq., Cetrulo LLP

Chapter 09 expand

Motor Vehicle Complaints Under Chapter 93A
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Diane L. Lawton, Esq.,

Chapter 10 expand

Chapter 93A Litigation Involving Debtor-Creditor Issues
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Nathaniel J. Hyman, Esq., Arent Fox LLP
Adam L. Littman, Esq., ArentFox Schiff LLP
Nicholas J. Nesgos, Esq., ArentFox Schiff LLP

Checklist 10.1
- Unfair or Unconscionable Conduct in Collecting or Attempting to Collect Debt (209 C.M.R. § 18.19) 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. § 18.18) Buy Form

Chapter 11 expand

Real Estate Transactions
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Christopher P. Maffucci, Esq., Casner & Edwards LLP

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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Joanne D'Alcomo, Esq., Jack Mikels & Associates, LLP

Checklist 12.1
- Defenses for Chapter 93A Claims Buy Form

Chapter 13 expand

Chapter 93A and the Insurance Industry
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Michael T. Maroney, Esq., Holland & Knight LLP

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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Joshua S. Grossman, Esq., Davis, Malm & D'Agostine, PC

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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Editors & Authors

Author(s)

Roger J. Bertling, Esq., Harvard Law School, Cambridge

Kyle Bjornlund, Esq., Cetrulo LLP, Boston

Angela Bunnell, Esq., Greenberg Traurig LLP, Boston

Lawrence G. Cetrulo, Esq., Cetrulo LLP, Boston

Joanne D'Alcomo, Esq., Jack Mikels & Associates, LLP, Quincy

Jeffrey Gribouski, Esq., Bowditch & Dewey LLP, Worcester

Joshua S. Grossman, Esq., Davis, Malm & D'Agostine, PC, Boston

Nathaniel J. Hyman, Esq., Arent Fox LLP, Boston

Diane L. Lawton, Esq., Timnath

Adam L. Littman, Esq., ArentFox Schiff LLP , Boston

Christopher P. Maffucci, Esq., Casner & Edwards LLP, Boston

Michael T. Maroney, Esq., Holland & Knight LLP, Boston

Nicholas J. Nesgos, Esq., ArentFox Schiff LLP , Boston

Donna L. Palermino, Esq., Cambridge

Kenneth C. Pickering, Esq., Pickering Legal LLC, Worcester

James P. Ponsetto, Esq., Greenberg Traurig LLP, Boston

David G. Thomas, Esq., Greenberg Traurig LLP, Boston

Patrick S. Tracey, Esq., Saul Ewing LLP, Boston

James M. Vant, Esq., Greenberg Traurig LLP, Boston

Mian R. Wang, Esq., Greenberg Traurig LLP, Boston

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Chapter 93A Rights and Remedies

Best practices for representing consumers and businesses

Chapter 93A Rights and Remedies

Best practices for representing consumers and businesses

Choose Format:

Product Description

Recent updates:

Table of Contents

Evolution of Chapter 93A: National and Local Authority

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

Public Enforcement

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Exhibit 3G

Damages in Chapter 93A Cases

Initiating Chapter 93A Litigation

Exhibit 5A

Exhibit 5B

Defenses and Exemptions

Checklist 6.1

Discovery and Trial Preparation

Exhibit 7A

Exhibit 7B

Exhibit 7C

Exhibit 7D

Exhibit 7E

Exhibit 7F

Exhibit 7G

Exhibit 7H

Exhibit 7I

Chapter 93A Actions: An Overview of Common Issues

Motor Vehicle Complaints Under Chapter 93A

Chapter 93A Litigation Involving Debtor-Creditor Issues

Checklist 10.1

Checklist 10.2

Checklist 10.3

Real Estate Transactions

Exhibit 11A

Exhibit 11B

Business Remedies Under Chapter 93A

Checklist 12.1

Chapter 93A and the Insurance Industry

Exhibit 13A

Exhibit 13B

Exhibit 13C

Products Liability Claims and Chapter 93A

Checklist 14.1

Exhibit 14A

Exhibit 14B

Chapter 93A Resources

Author(s)