Mass. Gen. Laws ch. 93A, § 4

Actions by attorney general; notice; venue; injunctions

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Section 4. Whenever the attorney general has reason to believe that any person is using or is about to use any method, act, or practice declared by section two to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the commonwealth against such person to restrain by temporary restraining order or preliminary or permanent injunction the use of such method, act or practice. The action may be brought in the superior court of the county in which such person resides or has his principal place of business, or the action may be brought in the superior court of Suffolk county with the consent of the parties or if the person has no place of business within the commonwealth. If more than one person is joined as a defendant, such action may be brought in the superior court of the county where any one defendant resides or has his principal place of business, or in Suffolk county. Said court may issue temporary restraining orders or preliminary or permanent injunctions and make such other orders or judgments as may be necessary to restore to any person who has suffered any ascertainable loss by reason of the use or employment of such unlawful method, act or practice any moneys or property, real or personal, which may have been acquired by means of such method, act, or practice. If the court finds that a person has employed any method, act or practice which he knew or should have known to be in violation of said section two, the court may require such person to pay to the commonwealth a civil penalty of not more than five thousand dollars for each such violation and also may require the said person to pay the reasonable costs of investigation and litigation of such violation, including reasonable attorneys' fees. If the court finds any method, act, or practice unlawful with regard to any security or any contract of sale of a commodity for future delivery as defined in section two, the court may issue such orders or judgments as may be necessary to restore any person who has suffered any ascertainable loss of any moneys or property, real or personal, or up to three but not less than two times that amount if the court finds that the use of the act or practice was a willful violation of said section two, a civil penalty to be paid to the commonwealth of not more than five thousand dollars for each such violation, and also may require said person to pay the reasonable costs of investigation and litigation of such violation, including reasonable attorneys fees.

At least five days prior to the commencement of any action brought under this section, except when a temporary restraining order is sought, the attorney general shall notify the person of his intended action, and give the person an opportunity to confer with the attorney general in person or by counsel or other representative as to the proposed action. Such notice shall be given the person by mail, postage prepaid, to his usual place of business, or if he has no usual place of business, to his last known address.

Any district attorney or law enforcement officer receiving notice of any alleged violation of this chapter or of any violation of an injunction or order issued in an action brought under this section shall immediately forward written notice of the same together with any information that he may have to the office of the attorney general.

Any person who violates the terms of an injunction or other order issued under this section shall forfeit and pay to the commonwealth a civil penalty of not more than ten thousand dollars for each violation. For the purposes of this section, the court issuing such an injunction or order shall retain jurisdiction, and the cause shall be continued, and in such case the attorney general acting in the name of the commonwealth may petition for recovery of such civil penalty.

Notes of Decisions
Cited in 55 cases (11 in the last 5 years), 1974–2026 · leading case: Commonwealth v. Fall River Motor Sales, Inc.
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Commonwealth v. Fall River Motor Sales, Inc. (1991) mass · cites it 12× “Pursuant to G. L. c. 93A, § 4, the Commonwealth, through the Attorney General, commenced a civil contempt action in the Superior Court against the defendant Fall River Motor Sales, Inc.”
Lowell Gas Co. v. Attorney General (1979) mass · cites it 6× “The Attorney General brought complaints against Lowell Gas Company and Cape Cod Gas Company (companies), pursuant to G.L.c. 93A, § 4, G.L.c. 12, § 10, G.L.c. 164, § 78, and G.”
Massachusetts v. First Alliance Mortgage Co. (In Re First Alliance Mortgage Co.) (2001) bap9 · cites it 4× “The Commonwealth alleged that the complaint was filed pursuant to the Massachusetts Consumer Protection Act, Mass. Gen. Laws ch. 93A § 4, which authorizes the Attorney General to commence an enforcement action against any person who is alleged to be engaging in unfair or…”
Shaulis v. Nordstrom, Inc. (2017) ca1 “3d at 255 (emphasis added) (citing Mass. Gen. Laws ch. 93A, § 4); see also Rule I, 604 F.”
Commonwealth v. Source One Associates, Inc. (2002) mass · cites it 3× “93A, and therefore held the defendants hable for civil penalties, plus payment to the Commonwealth of its costs of investigation, including attorney’s fees, pursuant to G. L. c. 93A, § 4. 2. General Laws c. 93A claim.”
Commonwealth v. Chatham Development Co. (2000) massappct · cites it 5× “1 On the Commonwealth’s motion for assessment of damages, the judge ordered Chatham to pay civil penalties and attorneys’ fees pursuant to G. L. c. 93A, § 4. Chatham has utilized the Greater Boston Real Estate Board’s “Standard Form Agreement Lease” for all tenants, including…”
Ciardi v. F. Hoffmann-La Roche, Ltd. (2002) mass “G. L. c. 93A, § 4. 1 In light of the longstanding precedent that made antitrust violations an “unfair method of competition,” the Attorney General’s power to remedy any “method” declared unlawful by § 2 clearly included the power to remedy antitrust violations.”
Purity Supreme, Inc. v. Attorney General (1980) mass “Finally, Purity attacks the procedure through which the regulation was adopted, and raises constitutional objections.”
Rhodes v. AIG Domestic Claims, Inc. (2012) mass “93A, see G. L. c. 93A, § 4. But because c. 93A was intended to be enforced by private parties, see Ameripride Linen & Apparel Servs.”
Reed v. Zak (In re Zak) (2017) mab · cites it 2× “In addition, pursuant to Mass. Gen. Laws ch. 93A, § 4, the Superior Court ordered the defendants to pay to the Commonwealth restitution of $157,000, reflecting advanced fees collected from 65 consumers who filed complaints with the Commonwealth, as well as $68,146 in attorney’s…”
Rule v. Fort Dodge Animal Health, Inc. (2010) ca1 “The state has authority to seek heavy sanctions on those who engage in deceptive advertising even without injury, Mass. Gen. Laws ch. 93A, § 4; and anyone whose dog was injured, or a class of those persons, may (assuming Rule’s allegations are correct) likely sue and collect…”
Commonwealth v. Mass. Crinc (1984) mass “, G. L. c. 93A, § 4 (public inter *89 est); G.”
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