The Chapter 93A (Massachusetts) Demand Letter is an official notice with a 30-day deadline that is sent before filing a lawsuit against someone. It describes the actions for which the recipient is being sued, all of which must be covered by the Massachusetts Consumer Protection Act. Additionally, it details the sender’s demands to the recipient and requests a response before the deadline.
Chapter 93A was designed to protect consumers from the deceptive practices of unscrupulous business owners. You can use it to sue an individual or business for acts such as providing defective products or failing to refund your payment.
The following is all you need to know to draft this crucial demand letter.
Overview of the Consumer Protection Act
Also called the Consumer Protection Act, Chapter 93A of the Massachusetts General Laws, is a regulation designed to protect consumers from the unfair, devious, or deceptive acts of individuals or business operators. Some facts you should know about it include:
- Consumers have 4 years from the incident date to take legal action against the business or individual
- Every state has a maximum amount that may be admitted into its Small Claims Court
- The maximum amount in Massachusetts is $7,000
- The consumer can hold the liable party responsible for attorney fees and triple damages if they fail to settle or respond to the claim.
What to Include in a Chapter 93A Demand Letter
As a consumer, you don’t need to send this demand letter if the liable business or individual does not keep their assets or maintain a place of business within Massachusetts. If they do, include the following information in your Chapter 93A (Massachusetts) Demand Letter:
- An objective and detailed description of the deceptive or unfair act, including dates and related laws
- A description of the losses you suffered due to the deceptive acts
- A relief demand for your losses, including an exact amount
What Legal Action Can You Take for Non-Compliance?
If you do not receive any response from the recipient in the 30 days provided for under the consumer protection act, you can turn to one of these four legal actions:
- Small claims court for amounts less than the stated amount in your state
- Direct or superior court for large amounts
- Housing court for matters related to housing
- Mediation to avoid litigation
Chapter 93A Demand Letter (Format)
{Date}
{Recipient’s Name}
{Company Name}
{Company Address}
{City, State, Zip Code}
Re: {Nature of Demand}
Dear {Mr./Mrs./Ms. Last Name},
On {date of incident}, {name of person/company that committed deceptive act} {describe the deceptive act}. As provided for in the Massachusetts General Laws of Consumer Protection, Chapter 93A, I am making a written demand for relief.
The actions of {person/company name} have cost me {amount in damages}. I, hereby, request that you provide relief in the same amount within 30 days of receiving this letter. Should you fail to do so, I am prepared to {mention consequences of non-compliance}.
If you wish to discuss this matter further, contact me at {contact information}.
I look forward to hearing from you.
Sincerely,
{Your Name}
{Your Signature}
Sample – Chapter 93A Demand Letter
15 March 2031
Linda Park
Park Suppliers
300 Highway Road
Boston, MA 10090
Dear Mr. Park,
On 12 February 2031, I received a package of antique rotisserie cups from Park Suppliers, for which I had paid for in full. I have attached the receipts and invoice for your perusal. Despite the full payment, all the cups delivered were in defect, with most of them being broken or mismatched. I filled out the correct papers provided in your website requesting for a refund but you have ignored my request so far.
As per the provisions of the Massachusetts General Laws of Consumer Protection, Chapter 93A, I am writing to demand relief for what I believe to be a deceptive act. Please credit the sum of $3,050 to my account within 30 days of receiving this letter.
Should you fail to meet these requirement, I am prepared to pursue all the legal options available to me to recover my money.
Contact me at philipwhitley@email.com if you wish to discuss this matter further.
I look forward to hearing from you.
Sincerely,
Philip Whitley
Chapter 93A (Massachusetts) Demand Letter (Template)
Bottom Line
A business that employs deceptive practices can be found to be in violation of the Massachusetts Consumer Protection Act. As a consumer and a victim, you can take legal action against the business, which usually includes sending them a Chapter 93A (Massachusetts) Demand Letter. The letter should indicate your complaint and losses, as well as how you would like the problem resolved.
