Massachusetts Business Attorney · April 2026 · Business Law
Drafted by Richard Alan Gaudet, Esq.
Quick Answer: Under M.G.L. c. 93A, a business practice is unfair or deceptive when it would likely mislead a reasonable person or when it is so oppressive it offends basic fairness. You do not need to prove intent or a lie. False advertising, hidden material facts, and unconscionable terms all qualify, and violations can trigger doubled or tripled damages plus attorney fees.
If you run a business in Massachusetts, Chapter 93A of the General Laws is a statute you cannot afford to ignore. It comes into play whether you are worried about your own practices or you have been wronged by a competitor, a vendor, or a customer. Let me walk you through what actually makes a practice unfair or deceptive in the eyes of the law, and why the answer surprises so many business owners.
What Qualifies as Unfair or Deceptive Under Chapter 93A
The heart of Massachusetts consumer protection law is M.G.L. c. 93A, § 2. It declares that unfair or deceptive acts or practices in trade or commerce are unlawful. Simple enough on the surface, but what does that phrase really cover?
This question comes up frequently…. Owners want a straight answer to one question: are we breaking the law?
The statute deliberately avoids a tight definition. Instead it sets a broad standard, and the Massachusetts courts have filled in the details over decades. Here are the main categories that fall inside the line:
- False or misleading advertising and representations. This captures outright lies about a product or service, but it also captures advertising that leaves a misleading overall impression even when no single sentence is technically false.
- Failure to disclose material facts. If you know something important that a reasonable customer would want to know and you stay quiet, that silence can be unfair or deceptive. Picture a car with hidden collision damage, a service contract with buried fees, or a product with an undisclosed limitation.
- Unconscionable or unreasonable practices. This is the catch-all. Even with no lie and nothing hidden, conduct that is so one-sided, oppressive, or shocking that it offends basic fairness can violate 93A.
- Violation of another statute or regulation. Break a state or federal law that governs your industry, whether the Uniform Commercial Code, unfair debt collection rules, or health regulations, and you have very likely violated Chapter 93A at the same time.
Why Chapter 93A Reaches Further Than Fraud
Here is a mistake I see frequently. Owners assume Chapter 93A is just a fancier name for common law fraud. It is not, and treating it that way creates real exposure.
To win a fraud claim, a plaintiff has to prove every one of the following:
- The defendant made a statement of material fact
- Wich it knew was false
- It intended to deceive
- The other person (you) reasonably relied on it
- You were harmed as a result
Chapter 93A sweeps much wider. You do not need to prove intent. You do not even need to prove a lie. The statute reaches practices that are deceptive, whether or not you meant to deceive, and practices that are unfair, whether or not any deception is involved at all. The courts ask a practical question: would this practice likely deceive a reasonable consumer? If the answer is yes, it is covered.
That means an honest business practice that happens to mislead someone can still be a violation. You can face liability without ever intending to trick a soul.
The stakes climb from there. Under M.G.L. c. 93A, § 9, a consumer who prevails can recover actual damages, double or treble damages when the conduct was knowing or willful, and attorney fees. A dispute that starts at $10,000 can balloon to $30,000 or more before the legal bills are counted.
Consumer Claims Versus Business-to-Business Claims
Chapter 93A works differently depending on who is on each side. Most of the law is built to protect consumers, and the consumer test is direct: was the practice unfair or deceptive?
When two businesses square off, the picture shifts. Section 11 of Chapter 93A lets businesses sue each other, but with a catch. Massachusetts courts have held that a business-to-business claim requires something more. The conduct must be unfair or deceptive and rise to the level of rascality. That word comes straight out of the case law. The conduct has to be more brazen, more egregious, and more intentional than what would violate the statute in a consumer setting.
Why the higher bar? Courts reason that businesses are more sophisticated. They negotiate, they carry bargaining power, and they can hire lawyers. So the law gives them a bit less cover. Do not mishear me, though. That protection is still there. If a supplier, vendor, or customer is cheating you in a way that amounts to rascality, you have a Chapter 93A claim.
Here is a concrete example: Say a vendor bills you for 100 units, delivers 75, and insists it shipped 100. That is fraud and very likely rascality. Say a contractor quotes a price, you agree, then he demands 50 percent more mid-job with no legitimate change in scope or cost. Say a distributor misrepresents the quality or origin of goods. Again, rascality. But say a wholesaler quotes you a price you later learn is far above what competitors charge, with no misrepresentation involved. That is probably just a bad deal, not a violation.
Common Mistakes I See Business Owners Make
Burying material information in the fine print. I see businesses tuck important limitations, fees, or conditions into tiny type or park them on page eight of a contract. They assume that technical disclosure keeps them safe. It does not. If a reasonable customer would miss it or find it unreasonable, you are exposed to a 93A claim. Put the important terms where people actually see them.
Not training sales staff on what they can and cannot claim. Your salesperson tells a customer the product does X when it only does Y some of the time. Is that your problem? Yes. Chapter 93A holds a business responsible for what its agents say. If you are not controlling the message reaching customers, you are carrying a large risk.
Ignoring complaints or handling them badly. Once someone says you treated them unfairly, start addressing it. Brush them off, get defensive, or refuse to listen, and they are far more likely to pursue a claim. It matters even more once a formal demand letter arrives, since Chapter 93A requires one before litigation. Respond in bad faith or refuse to engage and you can end up liable for treble damages. I have written about this in detail in my article on how to respond to a Chapter 93A demand letter.
Assuming good intentions are a defense. Intent does not save you. You can run an honest, well-meaning business and still be liable under Chapter 93A if your practices are unfair or deceptive. That is why you have to think about how customers perceive what you are doing, not only what you meant by it.
Understanding Your Exposure
The reason Chapter 93A carries so much weight is the damages structure. When you sue under 93A, you are not just recovering what you lost. You start with actual damages, and then the statute lets the court award double or triple that amount if the defendant’s conduct was willful or knowing. On top of everything, the prevailing party recovers attorney fees and costs.
Here is a real-world illustration. Suppose you hired a contractor who promised to finish your project in six months and overcharged you $50,000 by misrepresenting materials and labor costs. Your actual damages are $50,000. But if that contractor knew the overcharge was false, you could land at $100,000 or $150,000 in damages, plus attorney fees. Suddenly the contractor’s willingness to settle looks very different.
That is exactly why understanding Chapter 93A matters whether you are defending a claim or bringing one. It rewrites the math of every negotiation.
Frequently Asked Questions
What is considered unfair or deceptive under Massachusetts Chapter 93A?
M.G.L. c. 93A prohibits any unfair or deceptive practice in trade or commerce. That covers false advertising, misrepresentation, failure to disclose material facts, and conduct that is simply unreasonable or unconscionable, even without fraud. Massachusetts courts read the standard broadly to protect both consumers and businesses.
Is Chapter 93A broader than common law fraud?
Yes. Unlike fraud, Chapter 93A does not require proof of intent to deceive or of reasonable reliance. It reaches practices that are deceptive or unfair regardless of the defendant’s state of mind, which makes a 93A claim easier to prove than traditional common law fraud.
Does Chapter 93A apply to business-to-business transactions?
Yes, but under a tougher standard. Section 11 lets businesses sue each other, but courts require conduct that rises to the level of rascality. Business-to-business claims are scrutinized more strictly than consumer claims, though the protection still exists when the conduct is egregious enough.
What should I do if I think I have a Chapter 93A claim?
Talk to a Massachusetts business attorney. Before filing suit you must serve a written demand letter, which the statute requires. That letter is not a formality, because an unreasonable refusal to respond can expose the other side to double or treble damages and attorney fees.
The Bottom Line
Chapter 93A is broad, plaintiff-friendly, and it touches most business-to-consumer disputes in Massachusetts. Before you make any representation to a customer, ask yourself a few questions. Is this clearly true? Would a reasonable person understand what I am saying? Am I hiding anything important? Are my terms fair? If the answer to any of them is “maybe not,” you may have a problem waiting to happen.
If you are the one who was wronged, and a vendor, customer, or competitor deceived you or treated you unfairly, you hold a powerful legal tool. But there are procedures you must follow. You have to serve a demand letter before you can file suit, and doing that correctly is essential. For more on what that process looks like, see my guide to Massachusetts demand letters. You can also review the Massachusetts Attorney General’s consumer protection resources at mass.gov.
The best protection is straightforward. Understand your obligations, operate transparently, train your team, and answer complaints with honesty and speed. Call my office at 978-273-8337 or visit gaudetlawoffice.com to schedule a consultation if you are facing a 93A issue or want to confirm your practices are solid.
About the Author
Richard Alan Gaudet, Esq. is a Massachusetts attorney at the Law Offices of Richard Alan Gaudet, LLC in Middleton, Massachusetts, who counsels business owners on Chapter 93A and unfair and deceptive practice disputes. . His practice focuses on professional license defense, business law and litigation, family law, and landlord representation, serving clients across Northern, Eastern, and Central Massachusetts. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com. Office: 35 Village Rd., Ste 100, Middleton, MA 01949.
ABOUT THIS ARTICLE
This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.
