What is Chapter 93A and how is it different from other states?
Massachusetts General Laws Chapter 93A is the state's Consumer Protection Act. It bars "unfair or deceptive acts or practices" in trade or commerce. What makes it unusual: it's a fee-shifting statute, meaning the defendant pays the consumer's attorney's fees if the consumer prevails. It also authorizes up to triple damages for willful violations. Massachusetts is one of the most consumer-friendly states because of Chapter 93A.
How much does a Boston consumer protection lawyer cost?
For Chapter 93A, FDCPA, FCRA, and TCPA cases, most Boston consumer-protection firms take cases on contingency — you pay nothing up front. If you prevail, the defendant pays your attorney's fees under the fee-shifting provision. Hourly representation is used for complex consumer-vs-business disputes that don't fit a clean fee-shift statute.
What is a Chapter 93A demand letter and why does it matter?
Before filing most Chapter 93A cases, the consumer must send a written demand letter to the business, describing the unfair or deceptive practice and the injury, and demanding "reasonable relief." The business has 30 days to make a reasonable written tender of settlement. If the business refuses or makes an unreasonably low offer, the court can award triple damages and fees regardless of how big the actual damages were.
What does the FDCPA cover?
The Fair Debt Collection Practices Act prohibits abusive, deceptive, or harassing practices by third-party debt collectors — calling before 8am or after 9pm, calling at work after you say stop, contacting third parties about your debt, threatening lawsuits the collector can't or won't bring, falsely claiming to be an attorney or government official, adding fees or interest not authorized. Statutory damages up to $1,000 plus actual damages plus attorney's fees.
What is FCRA credit reporting liability?
The Fair Credit Reporting Act requires credit bureaus and "furnishers" (banks, lenders) to investigate consumer disputes about inaccurate information within 30 days. Failure to investigate, or reporting after a confirmed dispute, opens the door to actual damages, statutory damages up to $1,000 per inaccuracy, punitive damages for willful violations, and attorney's fees. Common Boston FCRA cases: identity theft, paid-off debt still reporting, mixed-file errors.
What is Massachusetts lemon law?
Massachusetts has two lemon laws: New Car (M.G.L. c. 90 § 7N½) and Used Car (M.G.L. c. 90 § 7N¼). New-car covers vehicles with 4+ repair attempts for the same defect (or 1+ for serious safety issues) within the first 15,000 miles or one year. Used-car covers dealer-sold vehicles with safety defects that recur after repair attempts. Both pair well with Chapter 93A.
How long does a Boston consumer protection case take?
Many FDCPA, FCRA, and TCPA cases settle pre-suit once a strong demand goes out — sometimes 30 to 90 days. Chapter 93A demand letters trigger a 30-day response window. Filed cases in Massachusetts state court (BMC for smaller, Suffolk Superior Court for larger) typically run 9 to 18 months. Federal cases (D. Mass) run 12 to 24 months.
Can I file a small claims case for consumer fraud in Boston?
Yes, for claims up to $7,000 in Boston Municipal Court Small Claims. Chapter 93A claims work in small claims — multiple damages and fee-shifting both apply. For larger claims or claims involving credit reporting, robocalls, or debt collection, the regular session of BMC or Suffolk Superior Court is usually a better forum because of broader discovery.