Consumer Protection Complaint

COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT

[COUNTY], ss.

Civil Action No.: [________________________________]

COMPLAINT FOR VIOLATION OF MASS. GEN. LAWS ch. 93A

JURY DEMAND ON ALL ISSUES SO TRIABLE

Plaintiff [PLAINTIFF NAME] alleges against Defendant [DEFENDANT NAME] as follows:

1. PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS] in [COUNTY], Massachusetts.

2. Plaintiff acquired [DESCRIBE GOODS, SERVICES, OR PROPERTY] primarily for personal, family, or household purposes and is not a person entitled to bring this transaction-based claim under Mass. Gen. Laws ch. 93A, § 11.

3. Defendant [DEFENDANT NAME] is a [CORPORATION / LIMITED LIABILITY COMPANY / PARTNERSHIP / INDIVIDUAL] with its [PRINCIPAL / USUAL] place of business at [ADDRESS].

4. Defendant advertised, offered for sale, sold, rented, leased, or distributed services, property, or another thing of value in trade or commerce directly or indirectly affecting people in Massachusetts. See Mass. Gen. Laws ch. 93A, § 1(b).

2. JURISDICTION AND VENUE

5. The Superior Court has original jurisdiction over this civil action under Mass. Gen. Laws ch. 212, § 4 because no other court has exclusive original jurisdiction.

6. Venue is proper in this County under Mass. Gen. Laws ch. 223, § 1 because:

☐ Plaintiff lives or has a usual place of business in this County.

☐ Defendant lives or has a usual place of business in this County.

☐ Neither party lives in Massachusetts, and this action may be brought in any county.

3. FACTUAL ALLEGATIONS

7. On or about [DATE], Plaintiff [PURCHASED / RENTED / LEASED / CONTRACTED FOR] [IDENTIFY GOODS, SERVICES, OR PROPERTY] from Defendant for $[AMOUNT].

8. Before or during the transaction, Defendant made, published, used, concealed, or omitted the following statement, fact, price, term, or practice: [QUOTE OR DESCRIBE PRECISELY].

9. The challenged conduct appeared in or through [ADVERTISEMENT / WEBSITE / APPLICATION / PACKAGE / LABEL / INVOICE / SALES PRESENTATION / CONTRACT / OTHER]. A copy is attached as Exhibit [____], if available.

10. The challenged conduct was unfair or deceptive because: [STATE SPECIFIC FACTS, INCLUDING WHAT WAS FALSE, MISLEADING, OPPRESSIVE, OR OMITTED].

11. Defendant knew the relevant facts or acted under circumstances showing: [STATE WHO KNEW WHAT, WHEN, AND HOW].

12. Plaintiff received or encountered the challenged conduct before acting and, as a result, [PAID MONEY / ENTERED THE TRANSACTION / RETAINED THE PRODUCT OR SERVICE / TOOK OTHER ACTION].

13. Defendant’s conduct injured Plaintiff and caused actual damages, including: [PURCHASE PRICE / OVERCHARGE / PRICE PREMIUM / REPAIR COST / DIMINISHED VALUE / OTHER LOSS].

14. Plaintiff discovered the conduct on [DATE]. This action is filed within four years after accrual as required by Mass. Gen. Laws ch. 260, § 5A, subject to any applicable tolling alleged here: [STATE FACTS OR DELETE].

4. CHAPTER 93A DEMAND AND TENDER

15. At least 30 days before filing this action, on [DATE], Plaintiff [MAILED / DELIVERED] to Defendant a written demand for relief that identified Plaintiff and reasonably described the challenged act or practice and Plaintiff’s injury. The demand and proof of delivery are attached as Exhibit [____].

16. The demand requirement:

☐ Applies and has been satisfied as alleged above.

☐ Does not apply because Defendant maintains no place of business and keeps no assets within Massachusetts. Mass. Gen. Laws ch. 93A, § 9(3).

17. Defendant:

☐ Did not make a written tender of settlement within 30 days after mailing or delivery of the demand.

☐ Made the written tender attached as Exhibit [____], which Plaintiff rejected because it was not reasonable in relation to the injury actually suffered for these reasons: [STATE FACTS].

5. COUNT I

Unfair or Deceptive Acts or Practices — Mass. Gen. Laws ch. 93A, §§ 2 and 9

18. Plaintiff incorporates paragraphs 1 through 17.

19. Mass. Gen. Laws ch. 93A, § 2(a) declares unfair or deceptive acts or practices in the conduct of trade or commerce unlawful.

20. Defendant used or employed an unfair or deceptive act or practice in trade or commerce by:

☐ Making a false or misleading representation.

☐ Concealing or failing to disclose a material fact in circumstances making the omission unfair or deceptive.

☐ Using an unfair contract, billing, sales, advertising, renewal, cancellation, or performance practice.

☐ Violating an applicable Attorney General regulation or other consumer-protection law: [IDENTIFY CURRENT AUTHORITY AND FACTS].

21. Defendant’s conduct injured Plaintiff and caused the actual damages described above.

22. Defendant’s violation was willful or knowing because: [STATE SPECIFIC FACTS].

23. Alternatively or additionally, Defendant refused in bad faith to grant relief after the demand, with knowledge or reason to know that the challenged act or practice violated § 2, because: [STATE SPECIFIC FACTS OR DELETE].

6. PRAYER FOR RELIEF

Plaintiff requests judgment against Defendant as follows:

1. Actual damages or $25, whichever is greater, under Mass. Gen. Laws ch. 93A, § 9(3);

2. Not less than two and not more than three times the statutory damages amount if the Court finds a willful or knowing violation or a bad-faith refusal of relief with the knowledge specified in § 9(3);

3. In calculating the amount subject to multiplication, application of the § 9(3) rule governing the judgment on all claims arising from the same underlying transaction or occurrence;

4. Equitable relief, including an injunction, that the Court deems necessary and proper under § 9(3);

5. Reasonable attorney’s fees and costs under § 9(4), subject to the statute’s reasonable-offer limitation;

6. Pre- and postjudgment interest as allowed by law; and

7. Any other relief the Court deems just and proper.

7. JURY DEMAND

Plaintiff demands a jury trial under Mass. R. Civ. P. 38 on every issue triable of right by a jury.

8. SIGNATURE

Dated: [__/__/____]

Respectfully submitted,

________________________________
[ATTORNEY OR SELF-REPRESENTED PLAINTIFF NAME]
[BBO NUMBER, IF APPLICABLE]
[LAW FIRM, IF APPLICABLE]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Attorney for Plaintiff / Plaintiff, self-represented

9. EXHIBIT AND FILING CHECKLIST

☐ Advertisement, representation, label, invoice, contract, or price display

☐ Receipt, payment record, or other proof of transaction

☐ Chapter 93A demand identifying claimant, challenged conduct, and injury

☐ Proof of mailing or delivery

☐ Defendant’s written tender or response, if any

☐ Documents supporting injury and actual damages

☐ Superior Court civil action cover sheet, summons, fee, service, and e-filing requirements checked

☐ Jury demand endorsed on the complaint and any separate fee requirement checked

SOURCES AND REFERENCES

• Massachusetts Legislature — Mass. Gen. Laws ch. 93A, § 1
• Massachusetts Legislature — Mass. Gen. Laws ch. 93A, § 2
• Massachusetts Legislature — Mass. Gen. Laws ch. 93A, § 9
• Massachusetts Legislature — Mass. Gen. Laws ch. 260, § 5A
• Massachusetts Legislature — Mass. Gen. Laws ch. 212, § 4
• Massachusetts Legislature — Mass. Gen. Laws ch. 223, § 1
• Massachusetts Court System — Massachusetts Rule of Civil Procedure 38