Seder & Chandler, LLP
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What is the Massachusetts Consumer Protection Law?

Many businesses and individuals are not aware of the responsibilities and rights of the Massachusetts Consumer Protection Law. In fact, this law is often misunderstood or ignored by Massachusetts residents. When it was written, the law didn't give any business or person the right to sue. The only person who could do so was the Attorney General. That has since been changes and now businesses and individuals can enforce their rights under the law.

The MCPL can seem a bit vague on some details. It doesn't state which business action violate the law. However, it does say that "unfair or deceptive practices" are illegal. The answer is, "it depends." The court will determine what the legal definition is and it applies to more than Many businesses and individuals are not aware of the responsibilities and rights of the Massachusetts Consumer Protection Law. In fact, this law is often misunderstood or ignored by Massachusetts residents. When it was written, the law didn't give any business or person the right to sue. The only person who could do so was the Attorney General. That has since been changes and now businesses and individuals can enforce their rights under the law. The MCPL can seen a bit vague on some details. It doesn't state which business action violate the law. However, it does say that " target="_blank">breach of warranty, negligence or contract claims. Defamation, harassment and invasion of privacy can also fall into that list of illegal action. Deception, fraud and unfair methods of competition are not allowed, but unfair methods of competition only applies to actions that would harm the entire marketplace and not just one business or individual consumer.

There are specific actions that the MCPL does address as violations, such as certain debt collection practices, sales tactics and landlord-tenant action. However, there are no other specific actions that are dealt with by the MCPL. This means that the court takes each case on its own merits.

If you feel that you have been the victim of fraud, negligence, breach of contract or other illegal actions as either a consumer or a business, you may have cause to file a lawsuit against the other party. An attorney can provide you with details about how past judgments by the court might affect your case.

Source: mass.gov, "A Basic Guide To The Massachusetts Consumer Protection Law," accessed May 24, 2016

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