Chapter 93A Rights and Remedies
Best practices for representing consumers and businesses
- Product Number: 2233242WFM
- Publication Date: 10/7/2022
- Edition: 5th Edition 2022
- Copyright: © 2022 MCLE, Inc.
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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:
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Update: October 2022
Dear Subscriber:
Thank you for updating your library with the 2022 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
- the application of Chapter 93A to ride-sharing companies;
- the relationship between regulatory standards and violations of Chapter 93A;
- the circumstances under which limitation-of-liability provisions are enforceable;
- the scope of the attorney-client privilege and attorney work product protections in enforcement matters;
- employees' misappropriation of trade secrets for use in competition against their employer;
- the scope of an insurer's obligation to effect a fair and reasonable settlement of an action brought pursuant to Chapter 93A and Chapter 176D;
- determination of whether a defendant's actions occurred "primarily and substantially" in Massachusetts;
- amendments to student loan servicing provisions of Massachusetts debt collection law;
- distinctions between private and commercial sellers of real estate for purposes of Chapter 93A;
- violation of Chapter 93A through the stringing along of a target business to weaken its bargaining position; and
- numerous recent cases clarifying the scope of insurer liability 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, MCLE Publications Attorney
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Update: October 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandEvolution of Chapter 93A: National and Local Authority
Buy ChapterChapter 2 expandBases for Liability Under Chapter 93A—Principles of Unfairness and Deception
Buy ChapterChapter 3 expandPublic Enforcement
Buy ChapterExhibit 3A
- Attorney General Letter to Gilead Buy FormExhibit 3B
- CID: Marketing and Sale of Insurance Policies to Business Owners Buy FormExhibit 3C
- CID: Sale and Financing of Home Improvement Repairs Buy FormExhibit 3D
- CID: Motor Vehicle Leases Buy FormExhibit 3E
- AOD: The Commonwealth and TD Bank, N.A. Buy FormExhibit 3F
- AOD: Force-Placed Insurance Premiums Buy FormExhibit 3G
- AOD: The Commonwealth and Viridian Energy, LLC Buy FormChapter 4 expandDamages in Chapter 93A Cases
Buy ChapterChapter 5 expandInitiating Chapter 93A Litigation
Buy ChapterChapter 6 expandChapter 7 expandDiscovery and Trial Preparation
Buy ChapterExhibit 7A
- Trial Notebook—Index Buy FormExhibit 7B
- Sample Discovery Hypothetical Buy FormExhibit 7C
- Chronology Buy FormExhibit 7D
- Exhibit Checklist Buy FormExhibit 7E
- Proof Checklist Buy FormExhibit 7F
- Interrogatories Buy FormExhibit 7G
- Request for Production of Documents Buy FormExhibit 7H
- Request for Admissions Buy FormChapter 8 expandChapter 93A Actions: An Overview of Common Issues
Buy ChapterChapter 9 expandMotor Vehicle Complaints Under Chapter 93A
Buy ChapterChapter 10 expandChapter 93A Litigation Involving Debtor-Creditor Issues
Buy ChapterChecklist 10.1
- Unfair or Unconscionable Conduct in Collecting or Attempting to Collect Debt (209 C.M.R. § 18.17) Buy FormChecklist 10.2
- Examples of Conduct Constituting Harassment or Abuse by Collection Agencies Buy FormChecklist 10.3
- Deceptive Debt Collection Acts or Practices Relating to False or Misleading Representations (209 C.M.R. § 18.18) Buy FormChapter 11 expandReal Estate Transactions
Buy ChapterChapter 12 expandBusiness Remedies Under Chapter 93A
Buy ChapterChecklist 12.1
- Defenses for Chapter 93A Claims Buy FormChapter 13 expandChapter 93A and the Insurance Industry
Buy ChapterExhibit 13A
- Chronological Digest of Published Decisions Involving Chapter 93A Claims Against Insurers Buy FormExhibit 13B
- List by Court and Date of Published Decisions Involving Chapter 93A Claims Against Insurers Buy FormExhibit 13C
- Chapter 580: An Act Further Regulating Damages Under the Consumer Protection Act Buy FormChapter 14 expandProducts Liability Claims and Chapter 93A
Buy ChapterAppendixChapter 93A Resources
Buy Chapter - Editors & Authors