Consumer Protection Assistance
Have you purchased a product that is defective but the merchant won’t stand behind the warranty? Have you recently purchased a car that is a “lemon”? Have you been harassed by bill collectors or been unfairly billed for home/car repairs? These types of situations can be stressful and frustrating, but the law may offer you protection!
Massachusetts General Laws Chapter 93A is the Consumer Protection Act and prohibits businesses from unfair and deceptive trade practices. In order to make a 93A claim, you must first make a written demand to the business and give them 30 days to respond with a settlement offer. The statute requires that a demand letter:
- Be sent at least thirty days before suit is filed
- Identify the claimant
- Reasonably describe the unfair or deceptive acts or practices
- Reasonably describe all injury suffered
- Be mailed or delivered to each respondent; and
- Provide explicit notice that a Chapter 93A violation is being asserted
If the business does not respond, or the offer is not reasonable, you can then proceed with court action. 93A claims can be added as part of other claims, such as breach of contract, negligence, or insurance disputes.
In our experience, the protections offered by this law are a very powerful tool for you as a consumer. If you are successful, you may be able to receive damages up to three times your original claim plus attorneys fees. Below, we have provided a couple of examples of how a 93A claim might work.
Lemon Law
The Lemon Law covers any new vehicle purchased in Massachusetts from a new vehicle dealer. The protection period is one year or 15,000 miles, whichever comes first. There are some exceptions, including that the vehicles must be purchased for a non-business use. Used vehicle purchasers are also offered protection, but the time period for protection under the law is limited to ninety days.
The law can be a bit complicated, but basically your vehicle must have a “substantial impairment” which the dealer fails to repair in a “reasonable number” of attempts. The state has not provided any definition of what qualifies as a substantial impairment, but this would include any issues that would affect the use, value or safety of the vehicles. The statute defines a reasonable number of repair attempts as 3 or less for the same defect, or 15 days or less for a combination of defects.
If you purchase a vehicle from a private party, you may still have some protections. The Lemon Law allows for return of the vehicle if it fails to pass safety and emissions inspections within 7 days of purchase. Also, you may be able to return the vehicle if it has defects affecting the safety of the vehicle and you can prove that the seller knew of the defects but did not inform you before the purchase.
Product Warranty Claims
Massachusetts law offers two types of warranties: express and implied. Express warranties are those promises made by the seller, either orally or in writing. For example, if the seller promises that the product you buy will be free from defects for 10 years, this creates an express warranty.
An implied warranty is a promise that comes with every product, based on Massachusetts law. The implied warranty of merchantability means that the product is free of defects and is safe to be sold in the marketplace. It also states that the product will do what it is supposed to do, for a reasonable period of time after purchase.
The implied warranty of fitness for a particular purpose comes into operation when the seller knows that you are purchasing the product for a specific reason and that you are relying on the seller’s knowledge and expertise in selecting the product.
In some situations, both express and implied warranties can be limited, so it is important to consult someone with expertise that can help protect all of your rights in the best manner possible.
The above examples are just two of the situations in which a 93A claim could properly be made. Corporate America’s goal is to increase its profit margin, and as a result companies’ customer service suffers. It is important to be a well-informed consumer, to know your rights and how to assert them! Contact us to find out if the Consumer Protection Act is available to help you.