"What Violates The Consumer Protection Law?What type of business actions violate Chapter 93A? The law does not list them in any definitive fashion but states that "unfair or deceptive practices" are illegal. Well then, what is "unfair" or "deceptive?" Like most legal questions, this one is answered by that age-old adage "it depends." A court's analysis of what is unfair or deceptive will not be limited to merely contract, negligence or breach of warranty claims...."
Some ExamplesAlthough each case is judged on its own merits, some examples of unfair or deceptive practices that might fall under Chapter 93A would be when:
- A business charges a consumer higher rates than the marked, published or advertised price.
- The refund/return policy is not clearly posted where it can be readily noticed and understood.
- A business does not meet its warranty agreement.
- A business fails to tell you relevant information regarding your product or service or misleads you in any way.
- A business uses "Bait and Switch" advertising - a technique by which the seller advertises an item for sale at a particularly good price or terms but does not really want to sell that item. The seller discourages the purchase of the advertised item and instead tries to convince the buyer to purchase a different item for a higher price or on less favorable terms.