HOUSE DOCKET, NO. 3299        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1687

The Commonwealth of Massachusetts

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PRESENTED BY:

Daniel B. Winslow

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to consumer protection laws.

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PETITION OF:

HOUSE DOCKET, NO. 3299        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1687

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to consumer protection laws.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

PREAMBLE.

The General Court finds that:

(1) Current Massachusetts statutory law provides that plaintiffs in consumer protection actions must have been “injured by” a method, act or practice that is unlawful under Section 2 of Chapter 93A or any rule or regulation issued thereunder, thus imposing a causation requirement in these actions; and

(2) It is necessary for the General Court to clarify the causation requirement in consumer protection actions, to express the original legislative intent behind the consumer protection laws.  

SECTION 1.  Section 9 of chapter 93A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking, in paragraph (2), in lines 14 through 22, the words after the phrase “similarly situated” and inserting in place thereof the following words:-

, bring such action as a class action under the requirements of the Massachusetts Rules of Civil Procedure, as most recently amended, regarding certification of class actions.

SECTION 2.  Section 9 of Chapter 93A, as so appearing, is hereby further amended by striking, in paragraph (3), in line 44, the word “shall” and inserting in place thereof the following word:- may.

SECTION 3.  Section 9 of Chapter 93A, as so appearing, is hereby further amended by inserting at the end thereof the following paragraph:-

(9) Each person seeking to recover under this section shall be required to prove that his or her injury and damages were proximately caused by a method, act or practice declared to be unlawful by section two or any rule or regulation issued thereunder.  Proof of the existence of an unlawful method, act or practice shall not support an award of damages or other relief without proof that the person seeking recovery suffered an actual injury and that such injury was proximately caused by the unlawful method, act or practice.

SECTION 4.  This Act is intended to clarify existing Massachusetts law and thus shall take effect immediately upon its passage and shall apply to all actions commenced or pending on or after the effective date of this section.