Massachusetts Consumer Rights Guide

Massachusetts has one of the most powerful consumer protection laws in the United States. Chapter 93A, also known as the Massachusetts Consumer Protection Act, gives consumers the ability to recover double or even triple damages for unfair and deceptive business practices—plus mandatory attorney's fees. However, Massachusetts law has a unique requirement: before you can file a lawsuit, you must send a demand letter and wait 30 days for a response. This guide explains your rights under Chapter 93A and how to effectively pursue consumer claims in Massachusetts. For official guidance, visit the Massachusetts Attorney General's Office.

Chapter 93A: Massachusetts Consumer Protection Act

Chapter 93A (M.G.L. c. 93A) is the foundation of consumer protection in Massachusetts. Enacted in 1967, it prohibits unfair and deceptive acts or practices in trade or commerce. The law is considered one of the strongest consumer protection statutes in the country because it:

• Provides for double or treble damages
• Mandates attorney's fee awards for prevailing consumers
• Has a broad definition of prohibited conduct
• Allows private lawsuits by individual consumers
• Doesn't require proof of intent to deceive

What Constitutes an Unfair or Deceptive Practice?

Massachusetts courts have interpreted Chapter 93A broadly. Prohibited practices include:

• False advertising or misrepresentation of products/services
• Bait-and-switch tactics
• Failure to disclose material information
• High-pressure sales tactics
• Charging for services not rendered
• Breach of warranty combined with unfair conduct
• Failure to honor contracts or guarantees
• Debt collection harassment
• Deceptive pricing practices
• Home improvement contractor fraud

The Attorney General has issued regulations (940 CMR 3.00) that list specific practices considered unfair or deceptive. Violations of these regulations are automatically Chapter 93A violations.

The Mandatory 30-Day Demand Letter

The 30-day demand letter is perhaps the most important feature of Massachusetts consumer law. Before filing a Chapter 93A lawsuit, you must send a written demand letter to the business identifying:

• The specific unfair or deceptive conduct
• Your injuries or damages
• The relief you're demanding (money, repairs, replacement, etc.)

Why the Demand Letter Matters

The demand letter requirement serves several purposes and directly affects your potential recovery:

Business Response	Your Damages
Makes reasonable settlement offer within 30 days	Actual damages only (no multiplier)
Refuses to settle reasonably	Double or treble damages, depending on conduct
No response at all	Double or treble damages
Makes bad faith offer	Treble damages (willful or knowing)

A business that makes a reasonable settlement offer within 30 days protects itself from multiple damages. Conversely, a business that ignores your letter or makes an unreasonable offer exposes itself to significantly greater liability.

How to Write an Effective 93A Demand Letter

Identify the Violation

Clearly state what the business did wrong. Reference specific Chapter 93A violations or AG regulations if you can. Be factual and specific—dates, amounts, names, and what was promised versus what was delivered.

Document Your Damages

Explain exactly how you were harmed. Include monetary losses, out-of-pocket expenses, consequential damages, and any other harm you suffered. Attach supporting documentation like receipts, contracts, and photos.

State Your Demand

Specify what you want: a refund, repair, replacement, or specific dollar amount. Be reasonable—courts will evaluate whether your demand was fair when determining if the business's response was reasonable.

Set the 30-Day Deadline

Clearly state that you expect a response within 30 days as required by M.G.L. c. 93A, § 9(3). Note that failure to respond reasonably may result in multiple damages and attorney's fees.

Send via Certified Mail

Send your demand letter by certified mail with return receipt requested. Keep a copy of the letter and the receipt. The 30-day period begins when the letter is received.

Damages Under Chapter 93A

If you file suit after complying with the demand letter requirement, you may recover:

Actual Damages

Your actual out-of-pocket losses and consequential damages. This includes money paid, cost of repairs, replacement costs, lost wages, and other quantifiable harm.

Double or Treble Damages

Under M.G.L. c. 93A, § 9(3), if the court finds the business's conduct was "willful or knowing," or if the business failed to make a good faith settlement offer in response to your demand letter, the court must award:

• Double damages: 2x your actual damages, or
• Treble damages: 3x your actual damages for particularly egregious conduct

The minimum recovery is $25 even if your actual damages are less.

Attorney's Fees and Costs

Perhaps most importantly, Chapter 93A mandates that prevailing consumers recover their reasonable attorney's fees and costs. This makes it economically feasible to hire a lawyer even for smaller claims, since the business—not you—will pay your legal fees if you win.

Massachusetts Security Deposit Law

Massachusetts has some of the strictest security deposit rules in the country under M.G.L. c. 186, § 15B:

Requirement	Massachusetts Rule
Maximum deposit	1 month's rent
Last month's rent	Can be collected separately (with interest)
Return deadline	30 days after lease termination
Interest required	Yes, annual payment or credit
Bank account notice	Required within 30 days of receipt
Condition statement	Required within 10 days of occupancy
Penalty for violations	Treble damages + attorney's fees

Security Deposit Requirements

Massachusetts landlords must:

• Provide a receipt for the security deposit
• Deposit funds in a separate, interest-bearing Massachusetts bank account
• Notify the tenant of the bank name and account number within 30 days
• Provide a statement of condition within 10 days of move-in
• Pay 5% annual interest (or the actual bank rate, whichever is less)
• Return the deposit within 30 days with an itemized statement of any deductions

Failure to comply with any of these requirements can result in the landlord forfeiting the right to retain the deposit and owing the tenant treble damages plus attorney's fees.

Small Claims Court in Massachusetts

Massachusetts small claims court is an accessible forum for consumer disputes up to $7,000.

Jurisdiction and Limits

Court	Claim Limit	Attorney Required?
Small Claims	$7,000	No
District Court	$50,000	No (but recommended)
Superior Court	No limit	No (but strongly recommended)

Filing Fees

• Small claims: $40 filing fee (plus $5 for each additional defendant)
• District Court: Varies by claim amount
• Superior Court: $240 or more

Filing Process

1. Send your Chapter 93A demand letter and wait 30 days (critical!)
2. File your statement of claim at the District Court in your area
3. Pay the filing fee
4. The court will set a hearing date (usually 30-45 days out)
5. The court mails notice to the defendant
6. Appear at your hearing with all evidence

Massachusetts Lemon Law

Massachusetts has a strong lemon law (M.G.L. c. 90, § 7N 1/2) that protects new car buyers:

Coverage

• Applies to new cars purchased in Massachusetts for personal use
• Covers defects substantially impairing use, market value, or safety
• Must manifest within 1 year or 15,000 miles, whichever comes first

Remedies

If a defect cannot be repaired after a reasonable number of attempts (generally 3 attempts for the same problem, or 15 business days out of service), you're entitled to:

• Full refund of purchase price, or
• Replacement vehicle of comparable value

Used Car Warranty Law

Massachusetts also protects used car buyers. Under 940 CMR 5.00, dealers must provide implied warranties on most used cars:

• Cars with 60,000 miles or less: 90 days or 3,750 miles
• Cars with 60,001-75,000 miles: 60 days or 2,500 miles
• Cars with 75,001-125,000 miles: 30 days or 1,250 miles

Home Improvement Contractor Law

Massachusetts regulates home improvement contractors under the Home Improvement Contractor Law (M.G.L. c. 142A):

• Registration required: Contractors must register with the state
• Written contracts required: Projects over $1,000 require written contracts with specific provisions
• Deposit limits: Contractors cannot require deposits over 1/3 of the contract price
• Arbitration program: The state offers binding arbitration for disputes
• Guaranty Fund: Provides compensation for homeowners injured by registered contractors (up to $10,000)

Violations of home improvement regulations also constitute Chapter 93A violations, entitling you to multiple damages.

Filing AG Complaints

The Massachusetts Attorney General's Office has an active Consumer Protection Division. Filing a complaint can:

• Trigger an investigation of the business
• Lead to mediation of your individual dispute
• Create a record that helps other consumers
• Potentially result in enforcement action against repeat offenders

You can file complaints online at the AG's website or by mail. Include all documentation and a clear explanation of the problem.

Common Consumer Disputes in Massachusetts

Auto Dealer Issues

Common problems include:

• Failure to disclose accidents or damage history
• Odometer fraud
• Yo-yo financing (dealer later claims financing fell through)
• Undisclosed fees added to contracts
• Failure to honor used car warranties

Home Improvement Disputes

• Incomplete or abandoned projects
• Substandard workmanship
• Failure to obtain required permits
• Excessive deposits or payment demands
• Misrepresentation of contractor qualifications

Landlord-Tenant Issues

• Security deposit violations
• Failure to make repairs
• Illegal lease terms
• Wrongful eviction
• Utility shutoffs

Frequently Asked Questions

Do I really need to send a demand letter before suing?

Yes. The 30-day demand letter is mandatory for Chapter 93A claims. Without it, your case can be dismissed. The only exceptions are very narrow—when demanding the refund might enable the defendant to dispose of assets or escape jurisdiction.

What if the business makes an offer I think is too low?

Document your rejection and explain why you believe the offer is unreasonable. If you ultimately prevail in court for more than their offer, the court will likely find the offer was not "reasonable" and award you multiple damages.

Can I file a Chapter 93A claim in small claims court?

Yes. You can pursue Chapter 93A claims in small claims court for amounts up to $7,000. You can still request double or treble damages and attorney's fees.

How long do Chapter 93A cases usually take?

Small claims cases typically resolve within 2-4 months. District Court cases may take 6-12 months. Many cases settle after the demand letter or early in litigation once the business realizes the potential liability.

What if I can't afford an attorney?

Because Chapter 93A awards attorney's fees to prevailing consumers, many attorneys take these cases on contingency or partial contingency. Some legal aid organizations also handle consumer cases. You can also represent yourself, especially in small claims court.

Can businesses use Chapter 93A against each other?

Yes. Section 11 of Chapter 93A allows businesses to sue other businesses for unfair competition. However, the rules are slightly different—the demand letter requirement and damages provisions vary for business-to-business claims.

Does Chapter 93A apply to landlord-tenant disputes?

It can. Violations of the security deposit law, housing code violations, and other deceptive landlord practices may constitute Chapter 93A violations. Courts have applied 93A to residential leases in many circumstances.

Massachusetts Consumer Resources

• Massachusetts Attorney General Consumer Hotline: (617) 727-8400
• Office of Consumer Affairs and Business Regulation: (617) 973-8700
• Massachusetts Lemon Law Arbitration: Through the AG's office
• Home Improvement Contractor Registration: Office of Consumer Affairs
• Massachusetts Legal Aid: Multiple organizations providing free legal help
• Boston Bar Lawyer Referral Service: (617) 742-0625