Consumer Protection Complaint

CONSUMER PROTECTION COMPLAINT TEMPLATE

Compliant with Massachusetts Law (M.G.L. ch. 93A)

TABLE OF CONTENTS

1. Caption & Document Header
2. Preliminary Allegations
3. Parties
4. Jurisdiction & Venue
5. Factual Allegations
6. Count I – Violation of M.G.L. ch. 93A, § 2 & § 9
7. Count II – Fraudulent Misrepresentation (optional)
8. Count III – Breach of Contract (optional)
9. Demand for Jury Trial (as to counts triable by jury)
10. Prayer for Relief
11. Verification
12. Signature Block

1. CAPTION & DOCUMENT HEADER

COMMONWEALTH OF MASSACHUSETTS
[COURT DEPARTMENT] DEPARTMENT OF THE TRIAL COURT
[COURT NAME]               )
[COUNTY], SS.              )
                           )
____________________________________
[PLAINTIFF NAME],          )
     Plaintiff,            )
                           )
v.                         )      Civil Action No. __________
                           )
[DEFENDANT NAME],          )
     Defendant.            )
____________________________________)

COMPLAINT AND DEMAND FOR JURY TRIAL

2. PRELIMINARY ALLEGATIONS

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) brings this action against Defendant [DEFENDANT NAME] (“Defendant”) for statutory, equitable, and common-law relief arising out of Defendant’s unfair and deceptive acts and practices in violation of Massachusetts General Laws chapter 93A (“Chapter 93A”), and related common-law duties.
2. Plaintiff seeks actual damages, multiple damages of up to three times the amount of actual damages for Defendant’s willful or knowing misconduct, reasonable attorneys’ fees and costs, prejudgment interest, and injunctive relief to prevent further consumer harm.

3. PARTIES

3.1 Plaintiff is an individual residing at [PLAINTIFF ADDRESS], and at all relevant times was a “consumer” within the meaning of Mass. Gen. Laws ch. 93A, § 9(1).

3.2 Defendant is a [corporation/LLC/partnership/individual] organized under the laws of [STATE OF INCORPORATION] with its principal place of business at [DEFENDANT ADDRESS], and at all relevant times was engaged in trade or commerce within the Commonwealth.

4. JURISDICTION & VENUE

4.1 This Court has subject-matter jurisdiction pursuant to Mass. Gen. Laws ch. 212, § 4 and Mass. Gen. Laws ch. 93A, § 9(1).

4.2 Venue is proper in this Court under Mass. Gen. Laws ch. 223, § 2 because Defendant resides or has its usual place of business in this county and/or because the transactions at issue occurred, in substantial part, within this county.

5. FACTUAL ALLEGATIONS

5.1 On or about [DATE], Plaintiff purchased [DESCRIPTION OF PRODUCT/SERVICE] from Defendant for [$ AMOUNT].

5.2 Prior to purchase, Defendant represented—both orally and in writing—that [SPECIFIC REPRESENTATIONS].

5.3 Plaintiff relied on these representations in deciding to purchase the [PRODUCT/SERVICE].

5.4 In fact, the representations were false and/or misleading because [EXPLANATION].

5.5 As a direct and foreseeable result, Plaintiff suffered ascertainable monetary loss in the amount of [$ AMOUNT] plus incidental and consequential damages.

5.6 On [DATE OF DEMAND LETTER], pursuant to Mass. Gen. Laws ch. 93A, § 9(3), Plaintiff served Defendant with a written demand for relief via certified mail, return receipt requested, to Defendant’s principal place of business. A copy of the demand letter and postal receipt is attached hereto as Exhibit A.

5.7 More than thirty (30) days have elapsed since Defendant received the demand letter, and Defendant has [failed to respond / made an inadequate settlement offer], thereby satisfying the statutory prerequisite to filing this action.

6. COUNT I – VIOLATION OF MASS. GEN. LAWS ch. 93A, § 2 & § 9

6.1 Plaintiff realleges and incorporates by reference paragraphs 1 through 5.7 as though fully set forth herein.

6.2 Defendant engaged in “[u]nfair or deceptive acts or practices in the conduct of any trade or commerce” in violation of Mass. Gen. Laws ch. 93A, § 2 by, inter alia:
a. Misrepresenting the characteristics, benefits, and quality of the [PRODUCT/SERVICE];
b. Failing to disclose material information necessary to make its representations not misleading; and
c. Continuing to market and sell the [PRODUCT/SERVICE] after receiving consumer complaints evidencing defects or safety issues.

6.3 Defendant’s conduct was willful or knowing within the meaning of Mass. Gen. Laws ch. 93A, § 9(3).

6.4 Plaintiff incurred an ascertainable loss of money and/or property as a result of Defendant’s violations.

WHEREFORE, Plaintiff requests relief as set forth in the Prayer for Relief below.

7. COUNT II – FRAUDULENT MISREPRESENTATION (OPTIONAL)

7.1 Plaintiff realleges paragraphs 1 through 5.7.

7.2 Defendant knowingly made false statements of material fact with the intent that Plaintiff rely on them.

7.3 Plaintiff justifiably relied on Defendant’s representations and sustained damages thereby.

8. COUNT III – BREACH OF CONTRACT (OPTIONAL)

8.1 Plaintiff realleges paragraphs 1 through 5.7.

8.2 The parties formed a valid contract for the sale of [PRODUCT/SERVICE] on [DATE].

8.3 Defendant materially breached the contract by [SPECIFY BREACH].

8.4 Plaintiff performed all conditions precedent or performance was excused.

8.5 Plaintiff suffered damages as a direct result of Defendant’s breach.

9. DEMAND FOR JURY TRIAL

Pursuant to Article 15 of the Massachusetts Declaration of Rights and Mass. R. Civ. P. 38, Plaintiff demands a trial by jury on all claims so triable. Plaintiff acknowledges that Chapter 93A claims are to be tried by the Court.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

A. Enter judgment in favor of Plaintiff and against Defendant;
B. Award actual damages in an amount to be determined at trial;
C. Multiply such damages up to three times pursuant to Mass. Gen. Laws ch. 93A, § 9(3);
D. Award reasonable attorneys’ fees and costs as mandated by Mass. Gen. Laws ch. 93A, § 9(4);
E. Grant injunctive relief enjoining Defendant from continuing the unlawful practices described herein;
F. Award prejudgment and post-judgment interest as permitted by law; and
G. Grant such other and further relief as the Court deems just and proper.

11. VERIFICATION

I, [PLAINTIFF NAME], verify under the pains and penalties of perjury that the facts set forth in this Complaint are true and correct to the best of my knowledge, information, and belief.

Date: ____________            ___________________________________
                              [PLAINTIFF NAME]

12. SIGNATURE BLOCK

Respectfully submitted,

PLAINTIFF,
[PLAINTIFF NAME]

By his/her/its attorneys,

____________________________________
[ATTORNEY NAME] (BBO # _______)
[FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

Dated: __________________

END OF DOCUMENT