Chapter 93A Pitfalls For Mass. Retailers

Law360, New York ( June 25, 2014, 9:05 PM EDT) -- Massachusetts General Laws Chapter 93A is the Massachusetts analog of the Federal Trade Commission Act. Chapter 93A declares unlawful all "unfair competition" and "unfair or deceptive acts or practices" in the conduct of any trade or commerce.[1] Although commonly referred to as the Massachusetts Consumer Protection Act, Chapter 93A provides protections to consumers and businesses alike.[2] Chapter 93A contains only 11 separate sections; however, its impact on a retailer's business practices is broad in scope, particularly when dealing with consumers. That is because Chapter 93A gives the Massachusetts Office of the Attorney General the power to promulgate rules and regulations interpreting what is unfair or deceptive (and the AGO has done so).[3] Furthermore, when enacting Chapter 93A, the Massachusetts Legislature expressly directed Massachusetts state courts (when determining what is unfair or deceptive) to be guided by interpretations given by the Federal Trade Commission and federal courts as to what is unfair or deceptive under the provisions of the FTCA.[4]...

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