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17 Cards in this Set
- Front
- Back
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What is Chapter 93A?
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Massachusetts Consumer Protection Act
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What does the MCPA provide?
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public and private remedies to people injured as a result of
unfair methods of competition unfair or deceptive acts or practices in conduct of any trade or commerce |
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How can one get relief under the MCPA?
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Through a tort or contracts action
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Requirements for Chapter 93A claim
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1. transaction in issue must occur primarily and substantially in MA
--this is a defense with burden on D 2) business transaction cannot be completely private 3) must be within statute of limitations |
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When does a transaction occur primarily and substantially in MA?
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Consider three factors:
1. where d committed deceptive practice of act 2. where p recieved and acted upon the deceptive statemetns or acts 3. where p's losses occurred as a result of the acts |
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What type of business transactions are covered?
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Transactions where one party is a business.
NOT purpose private transactions. |
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Covered under 93A?
1. landlord v. tenant 2. client v. atty 3. individual seller v. individual buyer 4. partner of firm v. partner of firm |
1. yes
2. yes 3. no 4. no |
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What section of 93A are the following brought under?
1. business sues business 2. individual sues business |
1. Section 11
2. Section 9 **must file under correct section, otherwise dismissed |
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When to use 93A on bar exam?
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Apply at least once. Probably in contracts or torts question.
Maybe property question. |
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What does section 9 before filing Chapter 93A suit?
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Demand letter 30 days before filing suit. Must include
- identity of claimant - express reference to 93A and MCPA - assertion that claimant's rights as consumer violated - assertion that d acted in unfair or deceptive manner - reasonable description of act or practice and injuries suffered - relief requested - expectation of settlement offer w/in 30 days - assertion that multiple damags and attys fees will be pursued if relief is denied |
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What is unfair or deceptive practice?
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conduct that could reasonably be found to have caused a person to act differently from the way she otherwise would have acted
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Who is a person under 93A?
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person
corporation trust partnership unincorporated or incorporated associations |
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Does MTCA give rise to jury rt?
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no, but court has discretion if requested.
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What is statute of limitations on protection of consumers through ch. 93A claim?
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4 years
UNLESS accompanying claim has shorter sol, then use shorter sol e.g. if 93A claim accompanies tort claim with 3 year sol, then 93A claim has 3 year sol |
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What damages are available under 93A?
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1. statutory damages (value of item)
--must be proved under section 11 --financial loss need not be proved under section 9 2. attys fees and costs --unless offer of settlement timely and reasonable 3. double or treble damages if --use or employment of practice was wilfull or knowing violation of Ch. 93A OR --refusal to grant relief made in bad faith with knowledge or reason to know that act or practice violated Ch 93A |
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How does defendant's making of reasonable settlement offer affect damages under 93A?
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If court determines that d made reasonably settlement offer for injury suffered,
recovery limited to relief tendered and NOT multiple damages. |
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What additional is needed for successful claim under Section 11?
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A level of rascality that would raise an eyebrow in those inured to rough and tumble business world.
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