If a business has wronged you in Massachusetts, you need to send a Chapter 93A 30-day demand letter before you can sue them. Sending a 30-day demand letter is a good idea because it can push the recipient to comply with your demands before the need for any legal action. Here’s what you need to do:
- Write a formal letter to the business that includes:
- Your name and address
- Exactly what the business did wrong, with dates
- How their actions harmed you
- The specific amount of money or resolution you want
- A statement that this is a “demand letter under Massachusetts General Laws Chapter 93A”
- Send the letter by certified mail with return receipt requested or email
- Wait 30 days for their response
- If they don’t respond or their offer isn’t reasonable, you can file a lawsuit
Do you want a lawyer to handle this for you? Click on the link below, and a Massachusetts-licensed lawyer will write, sign, and send a professionally drafted 30-day demand letter on your behalf.
Frequently Asked Questions
What is a 30-day demand letter?
A 30-day demand letter is your first step in taking legal action against a business in Massachusetts under the Consumer Protection Act (Chapter 93A). This law is one of the strongest consumer protection laws in the country, giving you the right to sue businesses for unfair or deceptive practices.
The letter tells the business exactly what they did wrong and gives them a chance to make things right before you sue. It’s not just a courtesy — it’s required by law. If you skip this step, your case will likely get thrown out of court.
But here’s the key: your letter needs to give the business enough information to evaluate your claim and decide whether to settle. The courts have said you need to explain:
- What the business did wrong
- How it affected you
- The relief you want
- That you’re sending the letter under Chapter 93A
Once you send the letter, the business has 30 days to respond. If they don’t, or if their offer is unreasonable, you can take them to court.
When do I need to send one?
You need to send a 30-day demand letter whenever a business has treated you unfairly or deceptively in Massachusetts. The law covers virtually any consumer transaction. Here are common situations where people send these letters:
- Car buying disputes: Dealership sold you a lemon or misrepresented a vehicle’s history
- Home improvement nightmares: Contractor took your deposit and disappeared or did shoddy work
- Landlord issues: Won’t return your security deposit or charges illegal fees
- Defective products: Business won’t honor warranties or refuses returns
- False advertising: Bait-and-switch tactics or hidden fees
When don’t I need one?
While most consumer cases require a demand letter, there are two exceptions:
1. Out-of-state businesses: If the business has no physical location or assets in Massachusetts, you can skip the letter. But be careful — even online businesses might have assets here.
2. Counterclaims: If a business is already suing you and you want to counter-sue them under 93A, you don’t need to send a letter first.
What happens if I win my case?
This is where Chapter 93A gets interesting. If you win your case, you might be able to get the following:
- Basic damages: Whatever the business cost you (like repair costs or lost deposits)
- Multiple damages: The court can award double or triple your actual damages if:
- The violation was “willful or knowing.”
- They refused to grant relief in bad faith with knowledge or reason to know that their acts violated Chapter 93A.
- Attorney’s fees: The business may have to pay your legal fees.
- Costs: Things like court filing fees and copying expenses
What should I do if they respond to the letter?
When a business responds to your letter, you’ll usually get one of four responses:
- Full settlement offer: They agree to pay for everything you asked for. Great! Get it in writing and make sure they follow through.
- Partial settlement offer: They offer less than you demanded. Think carefully before rejecting it or proposing a counteroffer.
- Denial with explanation: They explain why they think you’re wrong. Save this — if their reasoning is weak, it might help you get multiple damages later.
- No response: After 30 days, you can sue, and their silence may help you get multiple damages.
Remember, don’t feel pressured to accept a low offer, but also be realistic about what your claim is worth.
Do I need a lawyer?
While you can write a 30-day demand letter yourself, getting professional help is often worth it. Here’s why:
- A bad letter might kill your case before it starts
- A good letter might get you more of what you want
- Lawyers are pros at writing demand letters and know exactly what to say and what not to say
Using a lawyer can be expensive, and it’s time-consuming to find one, but click below, and we’ll connect you to a Massachusetts lawyer who will send a demand letter on your behalf for a low flare fee. You’ll get a professionally written letter without the huge cost of a traditional law firm.