Kajko, Weisman & Colasanti, LLP

The Consumer Protection Law and your company’s practices

If a consumer accuses your business of violating the Consumer Protection Law, your company may face serious repercussions. Massachusetts law may inflict punishments on your business and its stockholders that may halt your company’s success.

It is essential, if your business finds itself involved in a lawsuit that claims it violates the Consumer Protection Law, that you hire an experienced business litigation attorney. Understanding business practices that may lead to penalties helps your business avoid disputes in court. If you happen to face accusations, knowing the general steps in a litigation process may prepare you for fighting for your business in court. To avoid conviction, you want to have the best defense willing to prove that your business engages in legal and honest business practices.

The Consumer Protection Law

Massachusetts has individual regulations to support the protection of consumers and give businesses grounds for completing honest work. These laws have general ideas of unfair or deceptive practices. The Consumer Protection Law includes, but is not limited to, charging a business with penalties if:

  • A business charges a consumer higher rates than the published or advertised price.
  • A business claims that goods are new when they reflect use or damage.
  • A business misleads consumers by lying about products.
  • A business purposely identifies the wrong manufacturing country of a product.
  • A business conducts sales that imply it is going out of business.
  • A business uses advertising that deceives consumers.

Proving that your business violated Massachusetts law

The burden of proof is set on the consumer in cases involving the Consumer Protection Act. He or she can only file for damages if it is proven that your business engaged in illegal practices.

For a consumer to take legal action, he or she must prove that:

  1. They sent a detailed letter outlining the complaint, their damages and the demanded relief within 30-days of the action
  2. He or she is a consumer
  3. Your business actions were unfair or deceptive
  4. Your actions resulted in a loss to the consumer

If you face a lawsuit, hiring an attorney is the best way to work toward avoiding paying damages to an unhappy consumer. Because proof must fall on the consumer, your attorney’s goal will involve proving that your actions were in the scope of legal business practices.

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