Business Torts & Chapter 93A Claims
Some business disputes go beyond a simple breach of contract — they involve conduct the law treats as unfair, deceptive, or wrongful. Massachusetts gives businesses powerful tools to respond.
Chapter 93A: unfair & deceptive practices
General Laws Chapter 93A prohibits unfair or deceptive acts in trade or commerce. In business-to-business disputes (§ 11), a knowing or willful violation can expose the wrongdoer to double or triple damages plus attorney's fees — which makes a well-supported 93A claim, and a proper demand, a serious lever.
It's important to understand the limits, too: as Massachusetts courts have made clear, an ordinary breach of contract — even an intentional one — is not by itself a 93A violation. Liability requires an "additional factor," such as using a breach as leverage to extract something beyond the contract. We know how that line is drawn, having successfully reversed an $80,000 double-damages 93A award on appeal on exactly that basis. (See Results; prior results do not guarantee a similar outcome.)
Business torts we handle
- Fraud and misrepresentation
- Tortious interference with contract or business relationships
- Unfair competition and misappropriation
Frequently asked questions
What makes conduct "unfair or deceptive" under 93A?
Courts look at the nature, purpose, and effect of the conduct. Not every hard-nosed business decision qualifies — but deception, coercion, or using a breach to extract extra benefits can.
Do I have to send a demand letter first?
In many 93A claims (particularly consumer claims under § 9), a written demand is required before suit. We prepare demands that preserve your rights and position the claim.
Can I really recover triple damages?
Multiple (double or triple) damages and attorney's fees are available for knowing or willful violations in the right case. Whether they apply depends on the facts.
Related: Business Litigation · Breach of Contract · Results
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