Court Allows Chapter 93A Claim to Proceed Despite Dismissed Fraud Claim

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Why it matters

A Massachusetts court ruled on February 9, 2026, to allow a Chapter 93A consumer protection claim to advance despite the dismissal of an accompanying fraud claim, highlighting the independent viability of Chapter 93A actions under Massachusetts General Laws.[1][2][3]

The core event involves an unnamed plaintiff pursuing remedies under Chapter 93A, Section 9, which permits consumers injured by unfair or deceptive acts in trade or commerce to seek actual damages, potentially doubled or trebled for willful violations, plus attorney fees—distinct from common-law fraud requirements.[1][4][5][7] Parties include the plaintiff (likely a consumer), defendant (a business or merchant), and the court; no specific companies, individuals, or agencies are identified in available details.[1][5] Chapter 93A, enacted in 1967 as Massachusetts' "little FTC Act," broadly prohibits undefined "unfair or deceptive practices" without needing to prove specific elements like fraud's reliance or scienter.[2][3][4]

This stems from prior litigation where fraud was dismissed (possibly for evidentiary shortcomings), but the court preserved the Chapter 93A claim, as it evaluates conduct "holistically" based on circumstances—a question of fact turning to law for violation level.[5] Timeline: Complaint filed pre-February 9, 2026, with ruling issued that day amid ongoing expansions like 2025 junk fee regulations under 940 CMR 38.00.[5]

Newsworthy now due to its February 9 ruling—reported February 10—reinforcing Chapter 93A's potency as a "double-edged sword" in litigation, enabling claims resilient to stricter tort dismissals and offering multiples damages/injunctive relief, amid rising consumer/business enforcement.[4][5][6]

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