Marketing + Consumer Protection

Deceptive advertising

When companies do not maintain data supporting advertising claims

• whether company intended to deceive consumers is immaterial

Deceptive labeling

when companies do not label items accurately

MGL Ch. 93A Section 2 prohibits:

1. Unfair methods of competition 

2. Unfair or deceptive acts/practices 

covers actions undertaken in trade or commerce

MGL Ch. 93A Section 9 + 4 things plaintiff must prove

consumer transactions: business to consumer relationship

• does not apply within company relationships

Plaintiffs must prove:

1. consumer involved in trade/commerce in MA

2. they sent a 30-day demand letter outlining claim, harm, relief

3. defendant’s actions were unfair/deceptive

4. suffered injury

MGL Ch. 93A Section 11 + 4 things plaintiff must prove

• Deals with commercial transactions (I.e. business to business) 

Plaintiff must prove: 

1. Business engaged in trade or commerce 

2. Defendant engaged in unfair method of competition 

3. Primarily and substantially in MA 

4. Defendant's actions caused plaintiff to lose money or property 

Corporate free speech: politics

no sufficient government interest justifies limits on political speech of corporations

Public accommodations law

law prohibiting discrimination in a place of public accommodation, or place open to public