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Many consumers are unaware of the rights they are entitled to under the Massachusetts Consumer Protection law, Massachusetts General Laws Chapter 93A. Likewise, many merchants may not fully understand their responsibilities under this law. The law does not define any specific business actions that violate the law; rather it states that “unfair or deceptive practices” are illegal. Although
each case is judged on its own merits, some examples of unfair or deceptive practices that might fall under Chapter 93A would be when:
Additional Resources forWhat happens if a business violates the Consumer Protection Law?If a consumer believes a business has violated the Consumer Protection Law and engaged in some sort of unfair or deceptive practice and after attempting to resolve the complaint with the merchant informally, he/she may decide to take legal action. As a general matter, a consumer suing under law must demonstrate the following to prove the claim:
A court can award a consumer plaintiff who proves the above compensatory or actual damages, sometimes as much as double or treble (triple) damages if the plaintiff can prove (1) the defendant willfully and knowingly violated Chapter 93A or (2) the defendant refused to grant relief in bad faith with knowledge or reason to know that his acts violated Chapter 93A. Additional Resources forCan a business bring suit against another business under the Consumer Protection Law?Generally, a business suing another business under the law must demonstrate the following to prove its claim:
A court can award a business plaintiff who proves the above compensatory or actual damages. Double or triple damages are also available if the plaintiff can prove the defendant willfully and knowingly violated Chapter 93A. Reasonable attorney's fees and costs incurred in the lawsuit are also available under certain circumstances. Where can I go if I need more advice?Free legal resources exist throughout Massachusetts. Massachusetts Bar Dial-a-Lawyer Legal Advocacy and Resource
Center Western MA Volunteer Lawyers Service What does the Telephone Consumer Protection Act regulate?In an effort to address a growing number of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages.
Which calls are exempt from the Telephone Consumer Protection Act?Specifically, it amends exemptions for: “(1) non-commercial calls to a residence; (2) commercial calls to a residence that do not include an advertisement or constitute telemarketing; (3) tax-exempt nonprofit organization calls to a residence; and (4) HIPAA-related calls to a residence.” ¶ 10.
Which of the following calls is not subject to the provisions of the Federal Telephone Consumer Protection Act of 1991?The Federal Telephone Consumer Protection Act of 1991 applies to any unsolicited "commercial" phone calls. Charitable (not-for-profit) institutions are exempt from the Act's provisions.
What is the Telecommunication Consumer Protection Act?The Telecommunications Consumer Protection Act of 1991 (TCPA) is a piece of U.S. federal legislation that set guidelines for telemarketing practices in response to consumer complaints directed at FCC.
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