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The Massachusetts Consumer Protection Act (Chapter 93A) protects consumers against unfair or deceptive business practices and allows consumers, under certain circumstances, to bring class actions against businesses to stop such practices and seek damages. Generally, unless a business responds to a presuit demand letter with a reasonable settlement tender, violation of Chapter 93A requires payment of actual or statutory ($25.00) damages, whichever is greater, and attorneys’ fees as well as exposes a business to double or treble damages. In a class action setting, the aggregation of such damages produces significant risk and potential exposure.

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Photo of David G. Thomas David G. Thomas

David Thomas serves a Co-Chair of the Boston Litigation Group. He is a litigation, trial, and appellate attorney focusing on defending companies against unfair or deceptive business practices claims in individual and putative class action settings. Among other things, David represents (1) manufacturers

David Thomas serves a Co-Chair of the Boston Litigation Group. He is a litigation, trial, and appellate attorney focusing on defending companies against unfair or deceptive business practices claims in individual and putative class action settings. Among other things, David represents (1) manufacturers and retailers facing false advertising claims arising out of alleged violations of federal and state consumer protection statutes, including the Federal Trade Commission Act and “little FTC Acts” like Massachusetts General Laws Chapter 93A – the Massachusetts Consumer Protection Act, and (2) lenders, mortgage brokers and servicers facing predatory lending and unfair servicing claims arising out of the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and state laws governing consumer financing and mortgage loan servicing. David also has represented companies and individuals facing securities law claims in an individual and class action setting and companies responding to civil investigative demands under the False Claims Act and state laws and enforcement actions brought by federal and state regulatory agencies, including the United States Department of Justice, Massachusetts Office of the Attorney General, and other federal and state agencies.

Photo of James P. Ponsetto James P. Ponsetto

James P. Ponsetto is a trial attorney with broad experience involving complex business and bankruptcy-related litigation. Jim has served as counsel for corporations and individuals in federal and state courts, before arbitration panels, and in connection with mediation proceedings. He litigates various types

James P. Ponsetto is a trial attorney with broad experience involving complex business and bankruptcy-related litigation. Jim has served as counsel for corporations and individuals in federal and state courts, before arbitration panels, and in connection with mediation proceedings. He litigates various types of civil disputes, including breach of contract claims, securities claims, class action suits, consumer protection claims, intellectual property matters, lender liability claims (including Truth-in-Lending disputes and claims arising in connection with residential foreclosures), construction disputes, employment disputes (management side), tax disputes, title insurance disputes and related matters. His bankruptcy litigation experience involves adversary proceedings and contested matters concerning multiple areas, including fraudulent conveyance actions (including preference actions), claim disputes, motions to dismiss Chapter 11 proceedings, and confirmation disputes.