The Massachusetts legislature has created a tool that consumers and business can use to obtain relief when they have been harmed. Relief for individuals and businesses in Massachusetts starts with sending a demand letter to request relief for alleged damages caused by the other party. There are many types of demand letters available in Massachusetts, below you will learn about these demand letter types and the importance of each.
93A Demand Letter
This is one of the ‘big boys’ as far as letters are concerned. A business that has received a 93A Demand Letter will have 30 days to respond to the letter, and the response to the demand letter must be made in good faith. Practically, good faith, in the eyes of the Massachusetts court system is very difficult to pin down. As a rule, for a business to demonstrate a good faith response to a 93A Demand Letter, that business should clearly communicate a serious effort to investigate and remedy (if necessary) the allegation made in the demand letter from the business or consumer. Again, failure to take a demand letter seriously may result in the business being forced to pay three times the amount of actual damages that the business or consumer has alleged as well as attorney’s fees and court costs.
Are You a Business that has Received a Demand Letter?
If your business has received a letter citing chapter 93A or regulation that seems to implicate your business in unfair or deceptive practices you likely have received a 93A Demand Letter. Receipt of such a letter triggers the 30 day response period in which you must respond. Your response should indicate you good faith efforts (as described above) to address the issue. Contact The Law Offices of Richard Alan Gaudet, LLC to get assistance in drafting an effective demand letter response.
Are You an Individual that has Been Harmed by a Business?
Before you decide to sue a business you should send the business a demand letter. The main reason that you want to send the demand letter first is that you are putting your best foot forward (in the eyes of the court). Think of this as using ‘The Golden Rule’, that is, that you do unto others as you would have them do unto you. By sending the demand letter to the business you are demonstrating to the business first, and second, to the Massachusetts court system (should the matter appear before it) that in good faith you request a resolution to your problem. Ideally, you will get a resolution from the business when you approach the business in this fair and reasonable manner.
However, if the business chooses not to respond within the 30 day statutorily defined limit or worse, chooses to rebuff your request for a reasonable settlement with anger or disdain, your case becomes that much stronger. Your next step in this situation would be to bring the matter to the court, bring an action against the business. Keep in mind that each action (each reason for bringing a lawsuit in Massachusetts) has a statute of limitation and you will want to check with an attorney to ensure that you are taking these steps within the appropriate time limits allowed for the action.
Civil Demand Letter – Shoplifting
M.G.L. Chapter 231, Section 85R1/2, is a Massachusetts statute that allows merchants to receive between $50 and $500 dollars at a minimum, and including actual damages at a maximum for shoplifting.
If You Received a Civil Demand Letter
If you received a letter from a merchant or retailer that accuses you of shoplifting or accuses you of suspected shoplifting you should contact an attorney to review this letter with you. Retailers and merchants, under Massachusetts law, must be very specific in how they describe the theft of which you are accused. Contact an attorney at our offices to review this letter with you to make sure your response is adequate. Additionally, there are some situations where these letters are not appropriate, and appear to be illegitimate, please contact us so that we may review the civil demand letter from a merchant or retailer before you respond.
If You are a Retailer and Need to Send a Demand Letter
If you are a Massachusetts retailer or merchant you may have need to send such a civil demand letter to an individual who has stolen items, or who you believe has stolen items from your shop. The content of such a letter must be crafted with care, because the attorney’s representing the shoplifter or suspected shoplifter will be picking this letter apart. Contact our offices to obtain a demand letter that will be crafted within the confines of Massachusetts law.
Has Your Property or Person Been Damaged or Injured
Where you have suffered a personal injury or your property has been damaged and your insurance company refuses to cover the damages you may need to send a letter which implicates the insurance company of running afoul of Chapter 93A (unfair and deceptive practices) and MGL Chapter 176D which is a similar law but specific to insurance companies. These letters require careful wording in the application of Massachusetts law to the specific unfair or deceptive practice alleged. Contact us to assist you in developing a letter that will challenge the insurance company to provide you with a fair settlement.
DISCLAIMER:
The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.
