Massachusetts General Laws

Mass. Gen. Laws ch. 93A, § 2 (2026)

Unfair practices; legislative intent; rules and regulations

✓ current as of July 2026
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Section 2. (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

(b) It is the intent of the legislature that in construing paragraph (a) of this section in actions brought under sections four, nine and eleven, the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.

(c) The attorney general may make rules and regulations interpreting the provisions of subsection 2(a) of this chapter. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act), as from time to time amended.

Notes of Decisions
Cited in 1,460 cases (203 in the last 5 years), 1973–2026 · leading case: Nei v. Burley, 446 N.E.2d 674 (Mass. 1983).
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Nei v. Burley, 446 N.E.2d 674 (Mass. 1983). · cites it 28× “The buyers' complaint seeks recovery against all defendants on three bases: (1) breach of warranty; (2) fraud; and (3) violation of G.L.c. 93A, § 2, the Consumer Protection Act.”
Aspinall v. Philip Morris Companies, Inc., 442 Mass. 381 (Mass. 2004). · cites it 8× “The essential question presented by this appeal is whether the marketing of Marlboro Lights as “light” cigarettes that deliver “lowered tar and nicotine” may be challenged in a class action seeking damages, as deceptive conduct in a trade or business, in violation of G. L. c.…”
Barnes v. Fleet Nat'l Bank, N.A., 370 F.3d 164 (1st Cir. 2004). · cites it 12× “§ 230 , and the Massachusetts Consumer Protection Act, Mass. Gen. Laws ch. 93A, § 2. The district court granted summary judgment for Fleet.”
Hopkins v. Liberty Mut. Ins., 750 N.E.2d 943 (Mass. 2001). · cites it 11× “176D, § 3 (9) (f), and G. L. c. 93A, §§ 2 and 9, by acting unfairly and deceptively in settling a claim for personal injuries brought by the plaintiff, Linda Hopkins.”
Tomasella v. The Hershey Co., 962 F.3d 60 (1st Cir. 2020). · cites it 5× “They uniformly asserted that Tomasella failed to state a Chapter 93A claim because she did not plausibly plead that the alleged packaging omissions constituted unfair or deceptive acts within the meaning of the statute, see Mass. Gen. Laws ch. 93A, § 2(a); that Tomasella had not…”
Ciardi v. F. Hoffmann-La Roche, Ltd., 436 Mass. 53 (Mass. 2002). · cites it 8× “” In analyzing what constitutes unfair methods of competition and unfair or deceptive acts or practices, which are not defined in G. L. c. 93A, this court looks to interpretations by the Federal Trade Commission and Federal courts of § 5(a)(1) of the Federal Trade Commission Act…”
Purity Supreme, Inc. v. Attorney Gen., 407 N.E.2d 297 (Mass. 1980). · cites it 8× “(Purity), the Attorney General’s Regulation XII (A) (1) (regulation), promulgated by him pursuant to his authority under G. L. c. 93A, § 2 (c), and the other filed by Purity against the Attorney General seeking a declaration that the regulation is unconstitutional and otherwise…”
Commonwealth v. Fremont Inv. & Loan, 897 N.E.2d 548 (Mass. 2008). · cites it 7× “he Attorney General, commenced this consumer protection enforcement action against the defendant Fremont Investment & Loan and its parent company, Fremont General Corporation (collectively, Fremont), claiming that Fremont, in originating and servicing *735 certain “subprime” 3…”
Hershenow v. Enter. Rent-A-Car Co., 445 Mass. 790 (Mass. 2006). · cites it 5× “16 (3), which defines unfair or deceptive acts or practices and provides that an act that “fails to comply with” existing consumer protection statutes, rules, *799 regulations, or laws is a “violation” of G. L. c. 93A, § 2. See note 11, supra. Their reliance is misplaced.”
Burnham v. Mark IV Homes, Inc., 441 N.E.2d 1027 (Mass. 1982). · cites it 9× “In the circumstances, that breach was a violation of G. L. c. 93A, § 2. The plaintiffs, therefore, are entitled to recover their reasonable attorney’s fees and costs, G.”
Klairmont v. Gainsboro Restaurant, Inc., 465 Mass. 165 (Mass. 2013). · cites it 6× “” Based on these findings, she determined that the defendants were liable to the plaintiffs under G. L. c. 93A, § 2 (a), pursuant to 940 Code Mass.”
Maillet v. ATF-Davidson Co., 552 N.E.2d 95 (Mass. 1990). · cites it 8× “These findings yield ample factual support for the judge’s holding that the defendant had violated G. L. c. 93A, § 2. 5 The defendant contends that, in this case, we should abandon the general rule that a breach of warranty constitutes a violation of G.”
Show all 1,460 citing cases →
— Mass. Gen. Laws ch. 93A, § 2(5) — 1 case
N. J. Gendron Lumber Co. v. Great N. Homes, Inc., 395 N.E.2d 457 (Mass. App. Ct. 1979).
— Mass. Gen. Laws ch. 93A, § 2(A) — 1 case
Williams v. Am. Honda Fin., 907 F.3d 83 (1st Cir. 2018).
— Mass. Gen. Laws ch. 93A, § 2(a) — 306 cases
Dumont v. Reily Foods Co., 934 F.3d 35 (1st Cir. 2019).
Olin Corp. v. OneBeacon Am. Ins. Co., 864 F.3d 130 (2d Cir. 2017).
Tomasella v. The Hershey Co., 962 F.3d 60 (1st Cir. 2020). “They uniformly asserted that Tomasella failed to state a Chapter 93A claim because she did not plausibly plead that the alleged packaging omissions constituted unfair or deceptive acts within the meaning of the statute, see Mass. Gen. Laws ch. 93A, § 2(a); that Tomasella had not…”
Mechanics Nat'l Bank of Worcester v. Killeen, 384 N.E.2d 1231 (Mass. 1979).
Sanders v. Phoenix Ins. Co., 843 F.3d 37 (1st Cir. 2016).
— Mass. Gen. Laws ch. 93A, § 2(b) — 31 cases
Tomasella v. The Hershey Co., 962 F.3d 60 (1st Cir. 2020). “They uniformly asserted that Tomasella failed to state a Chapter 93A claim because she did not plausibly plead that the alleged packaging omissions constituted unfair or deceptive acts within the meaning of the statute, see Mass. Gen. Laws ch. 93A, § 2(a); that Tomasella had not…”
McDermott v. Marcus, Errico, Emmer & Brooks, P.C., 775 F.3d 109 (1st Cir. 2014).
In re Relafen Antitrust Litig., 221 F.R.D. 260 (D. Mass. 2004).
In Re Lorazepam & Clorazepate Antitrust Litig., 467 F. Supp. 2d 74 (D.D.C. 2006).
Liu v. Amerco, 677 F.3d 489 (1st Cir. 2012).
— Mass. Gen. Laws ch. 93A, § 2(c) — 41 cases
Tomasella v. The Hershey Co., 962 F.3d 60 (1st Cir. 2020). “They uniformly asserted that Tomasella failed to state a Chapter 93A claim because she did not plausibly plead that the alleged packaging omissions constituted unfair or deceptive acts within the meaning of the statute, see Mass. Gen. Laws ch. 93A, § 2(a); that Tomasella had not…”
McDermott v. Marcus, Errico, Emmer & Brooks, P.C., 775 F.3d 109 (1st Cir. 2014).
McDermott v. Marcus, Errico, Emmer & Brooks, P.C., 911 F. Supp. 2d 1 (D. Mass. 2012).
Barnes v. Fleet Nat'l Bank, N.A., 370 F.3d 164 (1st Cir. 2004). “§ 230 , and the Massachusetts Consumer Protection Act, Mass. Gen. Laws ch. 93A, § 2. The district court granted summary judgment for Fleet.”
In Re Pharm. Indus. Average Wholesale Price Litig., 491 F. Supp. 2d 20 (D. Mass. 2007).
— Mass. Gen. Laws ch. 93A, § 2(e) — 1 case
Barnes v. Fleet Nat'l Bank, N.A., 370 F.3d 164 (1st Cir. 2004). “§ 230 , and the Massachusetts Consumer Protection Act, Mass. Gen. Laws ch. 93A, § 2. The district court granted summary judgment for Fleet.”
— Mass. Gen. Laws ch. 93A, § 2(o) — 1 case
Casavant v. Norwegian Cruise Line, Ltd., 919 N.E.2d 165 (Mass. App. Ct. 2009).
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