Massachusetts: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

yes

Section 9

may bring an action in the superior court, or in the housing court as provided in section three of chapter one hundred and eighty-five C

Actual damages

Recovery for the loss a person actually suffered.

recovery shall be in the amount of actual damages or twenty-five dollars, whichever is greater

Section 9

recovery shall be in the amount of actual damages or twenty-five dollars, whichever is greater

Statutory minimum damages

A stated minimum or fixed amount of damages.

twenty-five dollars

Section 9

recovery shall be in the amount of actual damages or twenty-five dollars, whichever is greater

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

up to three but not less than two times such amount if the court finds that the use or employment of the act or practice was a willful or knowing violation

Section 9

up to three but not less than two times such amount if the court finds that the use or employment of the act or practice was a willful or knowing violation

Attorney fees

Rules for recovering the cost of legal representation.

petitioner shall be awarded reasonable attorney's fees and costs

Section 9

the petitioner shall, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and costs

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

no rights to equitable relief shall be created under this paragraph, nor shall a person asserting a claim hereunder be able to assert any claim on behalf of other similarly injured and situated persons as provided in paragraph (2)

Section 9

no rights to equitable relief shall be created under this paragraph, nor shall a person asserting a claim hereunder be able to assert any claim on behalf of other similarly injured and situated persons as provided in paragraph (2)

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to section 5(a)(1) of the Federal Trade Commission Act

Section 2

the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to section 5(a)(1) of the Federal Trade Commission Act

Time limit for a claim

The period in which an action must be brought.

Not found in the statute text reviewed

Injunctive relief

Court orders requiring conduct to stop or change.

for damages and such equitable relief, including an injunction, as the court deems to be necessary and proper

Section 9

for damages and such equitable relief, including an injunction, as the court deems to be necessary and proper

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

not more than five thousand dollars for each such violation

Section 4

the court may require such person to pay to the commonwealth a civil penalty of not more than five thousand dollars for each such violation