Free Newsletter
Consumer protection – CPICTA – Chapter 93A
Where a plaintiff has brought a putative class action alleging that the defendants violated G.L.c. 93A and the Massachusetts Consumer Privacy in Commercial Transactions Act by requiring online shoppers who pay by credit card to provide email addresses and then using those addresses to send unsolicited marketing emails without valid consent, a motion to dismiss should be denied because the plaintif[...]
Study: Boston at top of list of firms with AI-created testimonials
A surge in AI-generated law firm reviews raises ethics and legal concerns, prompting scrutiny under consumer protection laws and professional conduct rules.
Consumer protection – Jury trial – Chapter 93A
Where the defendants in a suit over debt collection calls have moved for a bench trial, their motion should be denied because a trial by jury is necessary with respect to the plaintiff’s single-count claim that the defendants violated both G.L.c. 93A, §2, and its accompanying regulation under 940 C.M.R. §7.04(1)(f).
Senators advance data privacy bills from joint committee
State senators pushed five data privacy bills this week into the Senate Ways and Means Committee, which is the last hurdle bills need to clear to reach the Senate floor.
New tool helps seal eviction records in Massachusetts
The Trial Court this week launched the Eviction Sealing Guided Interview, a free online tool that guides individuals through the process of completing and electronically filing a petition to seal […]
Consumer protection – Unjust enrichment – Chapter 93A
Where a plaintiff has brought a putative class action alleging that the defendants sold him and other consumers navel oranges at a higher in-store price than the price listed for the same product on the company website, a claim of unjust enrichment must be dismissed because the plaintiff has an adequate remedy at law under G.L.c. 93A.
Consumer protection – Video Privacy Protection Act – PII
Where a plaintiff who downloaded an app has filed a Video Privacy Protection Act complaint, the defendant should be awarded summary judgment despite the plaintiff’s argument that his geolocation data, advertising ID, and email address are all personally identifiable information.
Consumer protection – Standing – Data breach
Where a complaint has been filed over a data breach, the plaintiffs have established standing to pursue damages, as they sufficiently allege that instances of actual misuse and efforts to protect themselves against future misuse are traceable to the data disclosure, but the plaintiffs lack standing to pursue injunctive and declaratory relief, as they have not plausibly alleged that the threat of f[...]
AG throws down Chapter 93A hammer on ‘junk fees’
New regulations issued by the Attorney General’s Office turbocharge consumer protections against “junk fees” by spelling out a seller’s obligation to disclose clearly the “total price” of a product or service and by targeting “negative option” marketing practices that ensnare consumers in contracts and recurring fees they never expressly accepted.
Consumer protection – Bifurcation – TCPA
Where the defendant in a Telephone Consumer Protection Act suit has moved to bifurcate the issues in the case, the defendant has not shown that bifurcation would serve the interests of justice, so the motion should be denied.
Amazon sues Consumer Product Safety Commission over recall order
Amazon has sued the U.S. Consumer Product Safety Commission for finding the e-commerce giant legally responsible for the recalls of hundreds of thousands of products sold on its site.
Consumer protection – Casino – Win/loss information
Where plaintiffs have brought a consumer class action against a defendant that operates a casino, there are facts sufficient to demonstrate that the plaintiffs have suffered an injury caused by the defendant’s failure to provide win/loss information, so they may proceed with their claim under G.L.c. 93A, §9.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
