Massachusetts General Laws

Mass. Gen. Laws ch. 93, § 12 (2026)

Civil actions; treble damages; attorneys fees; injunction; stay

✓ current as of July 2026

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Section 12. Any person who shall be injured in his business or property by reason of a violation of the provisions of this chapter may sue therefor and recover the actual damages sustained, together with the costs of suit, including reasonable attorney fees. If the court finds that the violation was engaged in with malicious intent to injure said person, the court may award up to three times the amount of actual damages sustained, together with the costs of suit, including reasonable attorneys fees.

Any person may sue for injunctive relief to prevent threatened damage to his business or property under the same conditions and principles as injunctive relief is granted by courts of equity.

Commencement of an action by the attorney general under section nine, whereunder the attorney general acts as parens patriae on behalf of natural persons residing in the commonwealth, shall serve to stay any civil action under this section or under the provisions of chapter ninety-three A on behalf of said natural persons against the same defendant which is based in whole or in part on any matter complained of in the action commenced by the attorney general.

The superior court shall have jurisdiction of actions brought under this section. Such actions may be brought in any county where a defendant resides or has his principal place of business or in which the violation occurred in whole or in part, or, with the consent of a defendant, in the superior court for Suffolk county.

Notes of Decisions

Cited in 21 cases, 1987–2019 · leading case: Ciardi v. F. Hoffmann-La Roche, Ltd., 436 Mass. 53 (Mass. 2002).

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Ciardi v. F. Hoffmann-La Roche, Ltd., 436 Mass. 53 (Mass. 2002). · cites it 4× ““Any person *57 who shall be injured in his business or property by reason of a violation of the provisions of [G.”

Kristian v. Comcast Corp., 446 F.3d 25 (1st Cir. 2006). · cites it 2× “In relevant part, Mass. Gen. Laws. c. 93 § 12 states that “the court may award up to three times the amount of actual damages sustained” (emphasis added).”

Data Gen. Corp. v. Grumman Sys. Support Corp., 825 F. Supp. 361 (D. Mass. 1993). · cites it 3× “Data General, however, argues that the fee shifting provisions of another section of the same chapter, Mass. Gen.L. ch. 93, § 12, also apply to trade secret actions.”

Advanced Spine Centers, Inc. v. Com. Ins., 2011 Mass. App. Div. 91 (Mass. Dist. Ct., App. Div. 2011). · cites it 2× “176D, and G.L.c. 93, §12. On the day of trial, Advanced Spine withdrew its G.”

N.E. Physical Therapy Plus, Inc. v. Liberty Mut. Ins., 995 N.E.2d 57 (Mass. 2013). “93A and G. L. c. 93, § 12. The only disputed issue at the jury-waived trial was whether the amount charged for the treatment by NEPT was reasonable.”

Scholz v. Goudreau, 132 F. Supp. 3d 239 (D. Mass. 2015). · cites it 2× “93A (“Chapter 93A”) (Count X); violation of the Truth in Music Statute, Mass. Gen. L. c. 93, §§12 and 43B (Count XI); breach of contract (Count XII); and breach of the implied covenant of good faith and fair dealing (Count XIII).”

McKenzie v. Betts, 55 So. 3d 615 (Fla. 4th DCA 2011). “” Id. at 58 . The experts agreed “that to prosecute their antitrust claims successfully, Plaintiffs will have to undertake an elaborate factual inquiry” leading to significant fees and costs — all for an individual recovery that “will range from a few hundred dollars to a few…”

Trent Partners & Assocs., Inc. v. Digit. Equip. Corp., 120 F. Supp. 2d 84 (D. Mass. 1999). “93, § 12 Both Trent, (Trent Complaint, Count V), and AB & T, (AB & T Complaint Count VI), have asserted claims for theft of trade secrets against Digital pursuant to Mass. Gen. Laws ch. 93, § 42 . Digital argues that the information the plaintiffs claimed Digital misappropriated…”

All Brands Container Recovery, Inc. v. Merrimack Valley Distrib. Co., 764 N.E.2d 931 (Mass. App. Ct. 2002). “211, § 18 (“Massachusetts residents may participate in monitoring and enforcement procedures as follows”); G. L. c. 93, § 12 (persons injured by antitrust violations “may sue”); G.”

Local 1445, United Food & Com. Workers Union v. Police Chief, 563 N.E.2d 693 (Mass. App. Ct. 1990). “Compare G. L. c. 93, § 12, c. 93A, §§ 9 & 11, and c.”

In re Telexfree Sec. Litig., 360 F. Supp. 3d 46 (D.D.C. 2019). “" The Plaintiff seeks recovery against Wells Fargo for aiding and abetting in violation of Mass. Gen. L. ch. 93 §§ 12 and 69 and ch.”

Fisichelli v. Town of Methuen, 653 F. Supp. 1494 (D. Mass. 1987). “Plaintiffs also seek treble damages and costs pursuant to M.G.L. c. 93, § 12 and treble damages and costs pursuant to 15 U.”

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